We are sure that you will enjoy our Apex Rogue Testosterone Booster Products. By ordering through a subscription option you will be sent a 30 day supply and be billed for USPS shipping and handling of $17.95 and then $69 (free shipping and handling) per month after the 14 days (10 Days + 4 Days) shipping trial period. You will be enrolled in the auto-shipment program which sends you a month supply every 30 days and charges the same purchase price of $69 (free shipping and handling). To cancel anytime, simply contact customer support at 1 (302) 200-3480 or email us at [email protected].
OFFER TERMS:You must read and agree to these Terms and Conditions before placing your order and cancelling within 14 days(10 Days + 4 Days) from the order date of the Subscription Offer of Apex Rogue. By placing Your order for the Subscription Offer of Apex Rogue, You agree to be bound by the following Terms and Conditions:
This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (I, You, Your or Customer), and Apex Rogue, the owner and administrator of this Website and all content and functionality contained herein (Our, Us, or Company) (collectively, the Parties or We). These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these Terms, Terms of Use or this Agreement), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the Website).
By using, visiting, or browsing the Website, as well as placing an order with Apex Rogue through the Website, You accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Statement. If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein.
These Terms of Use constitute the entire agreement between Apex Rogue and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words I Agree; Rush My Order; Submit or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.
You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a last modified date. If the last modified date remains unchanged, then You may presume that no changes have been made since the last modified date. A changed last modified dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that Apex Rogue is not intended or to be used to treat any type of medical condition.
Not intended for use by persons under 18 years of age. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
Refund Policy 1. We refund all cases of fraud and unauthorized transactions included shipping and handling charges. Additional refunds are issued at the discretion of the company. 2. Customers are restricted to receiving a single refund per product ordered. Repetitive refunds are not permitted unless the product, as delivered to you, is defective. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith. 3. If your return is approved, we will initiate a refund to your credit card (or original method of payment). Please be aware that your refund can take up to ten (10) days to process and appear on your credit card statement. If you have any questions about whether a refund has been issued by us or you are eligible for a refund, please call our customer service department at 1 (302) 200-3480 or email us at [email protected]. 4.Shipping and handling costs are not refundable. Shipping Your shipment is our priority and packages are shipped out via United States Postal Service, the same day for all orders placed before 1PM Pacific Standard Time and the next day for all orders placed after 1PM Pacific Standard Time (packages will arrive within 3-5 business days). Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times.
During times when subscription memberships are offered, you agree to accept the subscription membership to the Site, which gives you a 30-day supply of our product, and by accessing the Apex Rogue Services you authorize the charges set forth below and agree to the following terms and conditions:
1. Your subscription membership will entitle you a 30 day supply of our product, for 14 days(10 Days + 4 Days) shipping starting on the day you submit your subscription membership application to the Site. Shipping may take anywhere from 1-4 business days, and we ship via USPS. To cancel membership, email us at [email protected]. 2. You agree that if you do not send us notice of cancellation of your subscription membership from the expiration of your subscription membership term, we shall automatically and without further notice: convert your subscription membership to a standard RECURRING MONTHLY SUBSCRIPTION to Apex Rogue Services, our auto-shipment program, at the standard one month membership rate; renew your monthly membership to the Apex Rogue Services for successive periods of one month each at the then current standard one-month membership rate, which on our auto-shipment program will have a new 30-day supply sent to you every month. 3. Subscription and Membership fees to the Site are subject to change at any time at the sole and absolute discretion of Company. The official standard one-month membership rates for the Apex Rogue Services shall be set forth at the respective join pages of the site. The current standard one-month membership rate is $69 (free shipping and handling). 4. You hereby acknowledge and agree that if you cancel your monthly membership, or if your membership is cancelled by us, your User ID will be removed from the system at the end of the then current monthly membership period and that you will be entitled to receive the full benefits of your monthly membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if you cancel your monthly membership before the end of the then current monthly membership period. You agree that if you cancel at any time after purchasing a monthly membership to the Site (e.g., 20 minutes after you sign up), you will still be charged the full month membership fee. 5. We may, at any time and at our sole discretion, cancel any paid subscription membership or monthly membership; provided, however, that if we cancel any paid subscription membership prior to its expiration, we shall provide a pro-rata refund for the unexpired period of the cancelled months membership by automatic credit. 6. You hereby authorize Apex Rogue to charge your credit card (which you hereby acknowledge was entered by you into the sign-up page) to pay for your subscription membership fee and all monthly membership fees to the Site / our auto-shipment program at the then current standard monthly membership rate. You further authorize us to charge your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, the Site. You agree to be personally liable for all charges incurred by you during or through the use of the Apex Rogue Services. Your liability for such charges shall continue after termination of your membership. 7. Payment for the services provided to you at, and/or through the Site may be made by automatic credit card debit and you hereby authorize Apex Rogue and its agents to transact such payments on your behalf. 8. Unless and until you notify us that you wish to cancel or terminated your membership to the Site, you hereby agree and authorize Apex Rogue or its designated agent or assignee to automatically renew your membership to the Site on a continuing monthly basis and to charge your credit card (or other approved facility) to pay for the ongoing cost of your membership. You hereby further authorize Apex Rogue or its designated agent or assignee to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided to you by or through the site. 9. You further agree that as a Member, you must promptly inform us of any and all the following: loss or theft of the credit card used to pay for membership to the Site or other Apex Rogue Services; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding your membership, such as loss, theft, unauthorized disclosure or use of a User ID; and all other changes pertaining to your credit card account used to pay for services pursuant to this Agreement which may affect our ability to expeditiously obtain payments due to Apex Rogue. You agree that you will remain liable for any unauthorized use of the Apex Rogue Services, until you have notified us by calling us at 1 (302) 200-3480, Mon-Fri 7am-10pm PST 10. You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Site or any fraudulent reporting of an unauthorized charge to the Site on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to the Site remains outstanding at the time of such fraudulent reporting, you shall be liable to Apex Rogue for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. You further acknowledge and agree that you will remain liable to Apex Rogue for any unauthorized use of the Apex Rogue Services associated with your membership. Please note results may vary, but with continuous use of Apex Rogue we are confident you will see the results you are trying to achieve. Your shipment will leave our facilities within two work days. Actual delivery time of the parcel will vary by region. You acknowledge and agree that Apex Rogue will not obtain additional authorization from you for each installment of Monthly Fees charged to your Active Credit Card. In addition, you do not hold Apex Rogue responsible for any overdraft charges or fees which you might incur during the ongoing Membership. Shipping Terms You will be shipped a full one-month supply of the product You ordered. Orders are generally shipped within 2 business days (Monday through Friday) using our standard USPS First Class shipping method. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. Apex Rogue does not guarantee specific arrival dates or times. Apex Rogue does not refund or credit delivery or processing charges for any shipments. Delivery time is subtracted from Your subscription period, and will reduce the number of days allocated to Your subscription period.
Contacting Customer Care / Billing: You may contact our customer care department by using our toll free phone number. Toll Free Customer Care phone: 1 (302) 200-3480, Mon-Fri 10am-7pm EST,
Note: All Returns Must Have an RMA#.
Call 1 (302) 200-3480 to obtain.
Return Address:
37 Inverness Drive East, Suite 100
Englewood, CO 80112, USA
I UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT FOR $79.98 (free shipping and handling) PER MONTH IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Apex Rogue DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL Apex Rogue OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECTIVELY, CLAIMS) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER'S USE OF THE WEBSITE OR ANY PRODUCT. Apex Rogue ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Apex Rogue WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; Apex Rogue FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. Apex Rogue DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY Apex Rogue WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. You agree that Apex Rogue's entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Apex Rogue in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether was aware of or advised in advance of the possibility of damages or such CLAIMS. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You. REPRESENTATIONS; PRODUCT DISCLAIMERS Apex Rogue is committed to improving the well-being of our customers by providing safe and effective wellness products made with the highest quality ingredients. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You further understand that this Product is not intended for use by persons under 18 years of age. You also understand that the Product is not intended or to be used to treat any type of medical condition such as obesity. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. Apex Rogue endeavors to provide You with accurate information about Our Products. You understand and agree that the information Apex Rogue conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (Third Parties). Apex Rogue does not warrant or represent that such information is error-free, and Apex Rogue does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. Apex Rogue does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen. By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Apex Rogue makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. YOUR REPRESENTATIONS You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Apex Rogue has the right to rely upon all information provided to Apex Rogue by You, and Apex Rogue may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, the Intellectual Property) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Apex Rogue or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without Apex Rogue's prior written permission.
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not: Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone's privacy, hateful, or racially, ethnically, or otherwise objectionable; Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website; Use the Website for any unlawful purpose; Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the express prior written authorization of Apex Rogue, You may not: Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law); Create derivative works based on the Website or any of the Intellectual Property; Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein; Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property; Use any meta-tags or any other hidden text using the Website's name or marks; Deep-link to any page of the Website; Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Website); Use any data mining, bots, or similar data gathering and extraction tools on the Website; Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or, Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure. TERMINATION OF AGREEMENT This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Apex Rogue reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Apex Rogue believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Apex Rogue provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer's real name, address, or other contact information.
The Website may provide links to other World Wide Web sites or resources. Apex Rogue has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Apex Rogue Website. Apex Rogue cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any Apex Rogue Website or third-party content on our sites. Apex Rogue does not endorse any of the merchandise, nor has Apex Rogue taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Apex Rogue does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Apex Rogue with respect to such sites and third-party content. Apex Rogue strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Apex Rogue nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www domain. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Apex Rogue.
Apex Rogue shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Apex Rogue's performance.
You agree to defend, indemnify, and hold harmless Apex Rogue, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to California's Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Apex Rogue shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If Apex Rogue does not hear from You promptly, Apex Rogue reserves the right to defend such claim or suit and seek full recompense from You.
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. Apex Rogue will contact You by letter to Your billing address You provided Us. Instead Of Suing In Court, We Each Agree To Arbitrate Disputes We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use, and the Privacy Statement, and can award the same damages and relief, including any attorney's fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act (FAA), and judgment on the award may be entered in any court with jurisdiction. We also each agree as follows:
Disputes are any claims (including the definition of claims contained in the section Limitation of Liability and Disclaimer of Warranty above) or controversies against each other related in any way to this Agreement, the Terms of Use, the Privacy Statement, or Your purchase and use of the Product. This includes claims You bring against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that Apex Rogue brings against You. If either Apex Rogue or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration. The FAA applies to this Agreement and arbitration provision. We each agree that the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration. The arbitration will be administered by the National Arbitration Forum (NAF) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or adrforum.com. Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration. We each agree not to pursue arbitration on a consolidated or classwide basis. We each agree that any arbitration will be solely between You and Apex Rogue (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court. We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, Apex Rogue will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from Apex Rogue; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us. No Class Actions TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. GOVERNING LAW You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning Apex Rogue shall be governed exclusively by the laws of State of California, excluding its conflict of law provisions. SEVERABILITY If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect. NO WAIVER No waiver of or by Apex Rogue shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement. HEADINGS All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement. COMPLETE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. MODIFICATIONS OF AGREEMENT Apex Rogue reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Apex Rogue does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Apex Rogue in writing, these terms and conditions may not be amended by You.