Date of last revision: March 2017
PHYSICAL ACTIVITY NOTICE
The Website may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. APEMAN is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Website.
All intellectual property on the Website (except for User Generated Content) is owned by APEMAN or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the APEMAN name and the Ape Face design) are owned, registered and/or licensed by APEMAN. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of APEMAN; All rights reserved.
WEBSITE USE RESTRICTIONS
All orders placed through the Website are subject to APEMAN's acceptance. This means that APEMAN may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, APEMAN will issue you a refund.
USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the Content is owned by APEMAN.
The Website contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using APEMAN's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. APEMAN is under no obligation to become involved with any user dispute, but may do so at its own discretion.
APEMAN is not responsible or liable for any User Generated Content or other Content posted for any offensive, unlawful or objectionable content you may encounter on or through the website. The Website, User Generated Content, Content, and the materials and products on this Website are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, APEMAN disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. APEMAN cannot guarantee and does not promise any specific results from use of the Website. APEMAN does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, APEMAN does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Website, loss of data or other harm of any kind that may result. APEMAN reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
APEMAN SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT AN APEMAN EVENT OR ANY USER GENERATED CONTENT, EVEN IF APEMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST APEMAN FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF APEMAN IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, APEMAN'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.