Terms of Service

1. Acceptance of terms of use and amendments

This Terms of Service is a legally binding agreement made between Big Apple Supplement Company (“we”) and you. Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site's Privacy policy, which is incorporated within these Terms of use by reference.

2. Our Service

This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that we reserve the right to modify or discontinue provision of this web site and its services without notice and without any liability towards you.

3. Your responsibilities and registration obligations

In order to use this web site or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information when requested, and you undertake that you are at least 18 years of age, or have permission from a parent or guardian. By registering for a user account, you explicitly agree to this site's Terms of use, including any amendments made by the site editor that are published herein.

4. Privacy policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of the site editor's Privacy policy.

5. Registration and password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the site editor of any unauthorized use of your user account, user name or password.

6. Your conduct

You agree that this web site may expose you to content that may be objectionable or offensive. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(e) you will not provide any content that may give rise to us being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

7. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

8. Indemnification

You agree to indemnify and hold harmless the site and the site editor's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

9. Disclaimer of warranties

You understand and agree that your use of this web site and of any services or content provided (the "service") is at your own risk. Services and content are provided to you "as is", and the site editor expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

The site editor makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, and secure. You understand and agree that neither the site editor nor any participant in the service provides professional advice of any kind and that any advice or any other information obtained via this web site may be used solely at your own risk, and that the site editor will not be held liable in any way.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

10. Limitation of liability

You expressly understand and agree that the site edtior will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the site editor has been advised of the possibility of such damages), resulting from (i) the use of services or the inability to use services, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on through services, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using services, or (v) any other matter relating to services.

In no event will our total liability with regards to this tos (including, without limitation, claims relating to the web site, or the products) exceed the greater of $100 or the amount paid for the products

We will not be liable to you or any third party for any damages regarding the use of the web site or products, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring.

We provide information on the web site for informational purposes only. It is not meant as a substitute for the advice of a doctor or other health care professional. You should not use the information available on or through the web site for diagnosing or treating a medical condition. You should carefully read all product instructions prior to use.

All products are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers, if any, provided in the product packaging. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including without limitation, any implied warranties of merchantability, non-infringement, or fitness for a particular purpose. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

11. Waiver of class action rights

By entering into this tos, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims regarding this tos must be asserted individually.

12. Arbitration

All disputes arising out of or relating to this TOS (including its formation, performance or alleged breach) or your use of the Web Site will be exclusively resolved under confidential binding arbitration held in White Plains, New York before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in White Plains, New York to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

13. Chargebacks

All chargebacks are thoroughly investigated. Denying a purchase that you have made is illegal and will result in an investigation which can lead to heavy fines or other legal action against you. In addition, your credit rating can be affected by false claims of fraud. If you have any questions or concerns, please contact us to clarify the matter.

14 Reservation of rights

The site reserves all of the site's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of the site editor's rights and property requires the site editor's prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights.

15. Sales Tax

When purchasing products on our Web site, you are responsible for paying any sales tax indicated on the Website.

16. Applicable law

You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with the laws of the State of New York, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site editor's domicile, and that any disputes will be heard by the said courts.

17. Miscellaneous information

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) The site editor may assign the site editor's rights and obligations under these Terms of use; in this event, the site editor will be relieved of any further obligation.