Disclaimer

Medical Disclaimer

FDA Required Disclaimer

This notice is required by the Federal Food Drug & Cosmetic Act: The contents of this website are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Always consult your doctor if you are pregnant, lactating or have other health conditions before applying these products. Keep out of eyes & mucous membranes. All of our products should be used with the same care and caution as any other bath or household product that you use. Apricoty, Inc. assumes no liability for claims arising from the misuse of our products.

By purchasing products from our website, you are acknowledging that you have read and understood the following disclaimer and will use our products at your own risk.

At Apricoty, Inc. we believe in the natural pure essential oils, herbs, seeds and trees in our natural skin care products, which have been used for centuries. We believe that natural products are healthier and gentler on the skin. Fresh, preservative-free products make a huge difference in personal health. Information and statements regarding health-related benefits of certain ingredients are not intended to diagnose, treat, cure, or prevent any disease.

However please note that we do not make any medical claims. If you have a medical condition, please consult your Physician. Each product on our website includes a complete list of ingredients. Please read the ingredients listed and do not use any products that you are allergic to. Apricoty, Inc. is not responsible for any individual reaction to any particular ingredient. If at any time irritation occurs, discontinue use of the product.

We do not recommend the use of these products as substitute for medical care.

Our handmade soaps are lovingly handmade by me in small batches to ensure quality, so each bar is a little unique. I have worked hard to formulate recipes that are skin loving and free of parabens or other nasty chemicals found in many bath and body products.

Our products like, soaps, deodorants, lip balms, lip scrubs, and candles are not approved by the Food and Drug Administration. They are not intended in the diagnosis, treatment, or prevention of any disease. This notice is required by the Federal Food, Drug and Cosmetic Act.

The information provided is never meant to substitute the advice provided by your personal physician or other medical professionals. Do not use the information found on this website to self-diagnose any medical conditions or treat any health problems or diseases. The information provided is not intended to prescribe or be taken as medical advice. If you have or suspect that you have a medical condition, please contact your health care provider immediately. Contact with eyes should be avoided.

Please by purchasing our products, you accept full responsibility to always consult your doctor or qualified health professional should you have any concerns and always consult with your doctor before changing any medications or healing practices.

We recommend as with any topical product, always perform 24 hours test for any allergy of every product on a small patch of skin prior to using. We cannot guarantee pure olive oil nor pure coconut oil since all products use the same equipment. All products are exposed to: Coconut Oil, Shea Butter, Olive Oil, and Castor Oil. Our products are for external use only, and a health professional should be consulted before use on children or infants, or if you are pregnant, nursing, or otherwise immuno-compromised.

As with all new products, that you are going to begin using on your skin, always try a small area first to see if any allergic reactions or breakouts occur. If you have any problems, discontinue use immediately.

If you are allergic or sensitive to any of the ingredients in our products, they may cause skin irritation. Even natural ingredients may cause sensitivities. Every person is different, and we cannot guarantee you will not get a reaction or irritation.

People with severe allergies–please note: If you have severe anaphylactic-type reactions to ANY of the ingredients in ANY of our products, please do not buy our products. We have dedicated soap rooms and product rooms that are kept meticulously clean, but we cannot guarantee against possible cross-contamination of individual ingredients.

The content and information provided on this website, the blog, videos, pamphlets or other materials (collectively referred to as “Our Site”) are provided by Apricoty, Inc. and are for educational purposes only.

All product reviews reflect the personal views of our customers and do not imply or represent any claims by Apricoty, Inc. Individual results may vary.

By visiting Our Site, you acknowledge, understand and agree to the Apricoty.com Site Terms and Conditions and regulations.

If you are pregnant, please contact your physician before using any of our products – especially the ones with essential oils. Pregnant women as well as those who suffer from chronic illness, should consult their physician before using Apricoty, Inc. products, as it is uncertain how the ingredients may affect people under these conditions. These ingredients include (but are not limited to): fragrances, essential oils, dried herbs, plant extracts and other natural botanicals, natural clays, coffee, teas, natural exfoliants, natural butters, and other natural ingredients.

For longer lasting soap bars

Do NOT allow bars of soap to sit in water. After use, place in a nice dry area.

Soap Color

Although all of our soap batch is handmade from standardized recipe, we can’t duplicate the exact coloration and weight as it is all hand cut each time. Climate changes also affect the outcome of soap. each soap bar may vary slightly from what is listed on our packaging and what is displayed in our product photos. *NOTE: All soaps containing natural colorants or natural clays could potential stain light colored wash cloths. It is best to test a small area first or use a dark colored washcloth.

Do not allow soap bars to sit in water. After using, place in a clean and dry area in order to prolong the life of your soap. Make sure there is air circulation around the soap bar so that it dries properly. A soap dish with drainage holes is ideal.

Apricoty, Inc. uses natural colorants and/or natural clays that may stain light colored fabrics, washcloths, or clothing. Test a small area first.

Colorants, botanicals, herbs, teas, and other ingredients from Apricoty, Inc. products may leave behind residual particles on bathroom surfaces. Simply wipe the excess with a wet cloth after use.

These products are not intended to be drugs that diagnose, treat, cure, or prevent any disease or condition. These products have not been approved by the FDA and the statements have not been evaluated by the FDA.

Candle Disclaimer

At Apricoty, Inc. we want you to experience the maximum enjoyment and pleasure from our candles. We take great pride in making them use only the finest quality ingredients and materials. However, it’s very important that you burn candles responsibly to ensure their safe use. Please follow these guidelines:

All Candle Sizes

Remove all packaging before you light the candle.
Always use an appropriate holder placed on a protected, heat-resistant surface.
Keep wax pool free of wick trimmings, matches or any foreign matter – this is combustible material and may cause a fire hazard.
Burn candles indoors, away from drafts, other heat sources, and any flammable objects or materials.
If smoking occurs, safely extinguish the candle, trim wick, remove trimmings and relight. If it continues to darken and burn to hot, distinguish the candle and disuse.
Never burn candle near water as hot glass jars crack in contact with water or moisture.
Keep burning candles within sight at all times.
Do not move candles while they are lit.
Handle with care; containers are fragile. Do not use if cracked, chipped or scratched. Do not refill with wax.
Do not allow the flame to touch the side of the container. The container may become hot. Handle carefully.
Always have a solid none flammable plate under a burning candle, either a taper, or glass jar candle.
Never keep candle burning unattended.
To minimize wax left on the sides of the container, burn 2-4 hours at a time; it is normal for some wax to be left, the amount varying per color, fragrance and burning conditions.
Extinguish carefully.

Storing Candles

Candles are sensitive to light and temperature, so be careful when storing them for any extended period of time. Avoid color fading, melting or cracking by storing candles in a cool dry place away from direct sunlight or fluorescent light. Storage temperature should not be allowed to exceed 80.6°F / 27°C or fall below 32°F / 0°C. Exposure to moisture may inhibit relighting.

Cleaning Candles

Should the mouth of a container become blackened while burning simply extinguish the candle, allow to cool and carefully wipe the jar with a dry paper towel. To avoid such blackening keep the wick trimmed to 1/4″ at all times. If it continues to darken and burn to hot, distinguish the candle and disuse.

Cleaning Spilled Wax from Tabletops, Fabrics, Etc.

We strongly suggest you seek professional advice from cleaning experts such as carpet cleaners or furniture refinishers.

Burn Times

Each 8 oz, candle burns for approximately 30-35 hours in total. Candles should only burn 2-4 hours at any time.

Warning

Failure to follow instructions could result in fire hazard or injury. Keep wax free of matches, wick trimmings, or other flammable materials. Keep wick centered & trimmed to 1/4″ to ensure even burning & prevent flame from becoming too large. Burn only on stable heat resistant surface for not more than 2-4 hours at a time. Keep out of drafts, Discontinue use when only 1/2″ of wax remains in bottom. Do not move candle while burning or if wax is hot. Keep out of reach of children and pets. Never leave a burning candle unattended.

Thank you.

CBD DISCLAIMER

California Prop 65 : This website sells products that contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information click here.

These statements have not been evaluated by the Food and Drug Administration. These products are intended for adults 21 and over. These products are not intended to diagnose, treat or cure any disease. This product should be used only as directed on the label. The effects of consuming CBD are still being researched by the scientific community. By consuming these products, you acknowledge and accept that you do so of your own volition and assume all related risks. Do not take if pregnant or nursing. This website is not offering medical advice. Consult with a physician before use if you have a serious medical condition or use prescription medications. A Doctor’s advice should be sought before using CBD products. By using this site, you agree to follow the Privacy Policy and Terms and Conditions printed on this site.

Some Products on this site contain CBD rich hemp oil extracted from the stalks of mature industrial hemp, which is federally legal. Hemp is a legal cannabis plant that has nearly non-existent levels of THC (<0.3%). Different types of CBD extracts have different levels. Full Spectrum Hemp Extract has <0.3% THC, while Broad Spectrum Hemp Extract and CBD Isolate have non detectable THC levels. Our Hemp Extract is evaluated by third-party testers for accuracy and quality assurance.

Apricoty, Inc. assumes no responsibility for any legal charges as a result of changing local/state laws. It is buyer’s responsibility to determine if any transaction from Apricoty.com and its affiliates is in violation with local rules and regulations.

(Note): At this moment we are not selling any CBD products, but we might in future.

STORAGE

Store our products in a dry, cool place. Keep out of reach from children and pets. To preserve freshness, avoid heat, light and humidity.

Terms of Sale

THESE TERMS OF SALE ARE AN AGREEMENT (“AGREEMENT”) BETWEEN YOU AND THE APRICOTY, INC. AND ITS AFFILIATES INCLUDING ANY AFFILIATES OF APRICOTY, INC. (collectively “Apricoty”, “we” or “us”) TO PURCHASE THE ITEMS IN YOUR ORDER. PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBMITTING YOUR ORDER (1) YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, (2) YOU ARE CONSENTING TO ENTER INTO THIS AGREEMENT IN ELECTRONIC FORM, AND (3) YOUR CLICK SHALL CONSTITUTE YOUR ELECTRONIC SIGNATURE ACCEPTING THIS AGREEMENT. If you do not wish to accept this Agreement, you should not order any products through our website.

Orders and Acceptance

By submitting an order, you represent and warrant that all personal information you have entered for the order is valid.

Except with respect to out of stock items, you cannot cancel or change an order once it has been submitted. All orders are expressly conditioned upon acceptance by us. You should notify us immediately if discrepancies are noted in the acknowledgment.

Lack of Availability

Apricoty makes a reasonable effort to provide correct inventory information on its website and through our Customer Service phone line. If an item you have ordered becomes unavailable after the order has been placed, we will cancel the order and notify you by phone, mail, or email. We reserve the right to cancel orders for out of stock items at any time.

Product Descriptions

We attempt to be as accurate as possible in describing our products. However, we do not warrant that product descriptions or other content of our website are accurate, complete, reliable, current, or error-free. Each product is warranted, if at all, only as set forth in the link associated with the description of that product. We encourage you to review product warranties before completing your purchase.

Replacement Parts

Parts from other models are not interchangeable, may not be safe and are not guaranteed by Apricoty. You may only order parts that are listed as being appropriate for the model you own.

We do not guarantee that all patterns or colors will match your model. At any time, Apricoty may substitute the original color or pattern of a product part with a different color or pattern.

Pricing

All prices on our website are listed in U.S. Dollars. Prices do not include shipping or handling, which shall be charged on all orders as applicable and will be indicated at the time of your order.

In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.

Promotional Code Rules & Restrictions

Please note that these terms and conditions may change for future promotions. When redeeming an offer advertised on our website, please click the hyperlinked promotion code, if shown, to read the specific promotional details.

Prohibition on Resale

The products are for personal and non-commercial use only and you agree not to sell the products to any third party. We reserve the right to cancel any order or refuse any sale in or a combination of multiple transactions or orders in excess of US$500.

Shipment and Delivery

Unless otherwise indicated at the time of ordering or by subsequent notification from us, shipments will be made via a carrier that we select, or if we give you a choice of shipping method, the carrier that you select. If you choose an express delivery service, an additional charge will be imposed at the time of your order. If your order is accepted and the items selected are in stock, your order will normally ship within the time indicated on our website. All ship and delivery dates specified on our website are estimates only and are subject to change. We do not guarantee delivery dates, and we are not responsible for delays by the carrier. Risk of loss and title to ordered items pass to you upon delivery to the shipping carrier. Inspect your shipment upon arrival. Report any shipping-related damage immediately to the carrier.

Returns

Returns are only accepted for items purchased on the website or in our Apricoty, Inc., stores in accordance with the Return Policy set forth on www.Apricoty.com does not accept returns of items purchased through any third-party, including its retail partners. To obtain further return information or to arrange to return your item please email us at Info@apricoty.com. All returned items must be shipped freight pre-paid. Please use a package delivery service able to track and/or insure your return items. By placing an order on our website, you are accepting this return policy.

DAMAGES

We will replace items if they are defective or damaged. Please contact our customer service department within seven (7) days of receiving your purchase.

We will require:
Your order number, which is provided in the invoice that arrives with your order, details pertaining to item(s) you wish to return and a photo of the damaged item(s).
Please email the information and photo to info@apricoty.com

REFUNDS

Returns are generally processed within 2-3 business days and we will notify you by email once your refund, replacement or exchange has been processed. Refunds may take up to 7 business days depending on your bank.

During major holidays, please allow a maximum of seven (10) business days for your refund, replacement or exchange to be processed.

All refunds will be issued to the purchaser’s original payment method, less the shipping charges. If the original payment method is no longer available, a store credit will be issued. If an order was paid via cryptocurrency, all compensation is provided in form of store credit.

60 DAY MONEY-BACK GUARANTEE FORM

The 60 Day Money-Back Guarantee Form is only applicable for first time customers and only applies to only one item.

All refunds are subject to first-time purchases of one product and only applicable within 60 days of receiving your order. All Money-Back Guarantee Forms are subject to strict review and refunds/credits are provided at the sole discretion of Apricoty, Inc. Apricoty reserves the right to refuse refunds or credits, at any time, for orders that exhibit indications of fraudulent behavior.

Electronic Communications

When you visit our website, place an order or send e-mails to us, you are communicating with us electronically You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to enter into this Agreement electronically covers the current transaction only. Future transactions will require additional consent. If you wish to have a copy of this Agreement in paper form and you are unable to print a copy on your own computer system, we will provide you with a paper copy at no charge if you contact us via email.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OR THE PERFORMANCE OF ANY PRODUCT, REGARDLESS OF WHETHER WE KNOW OR HAVE REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF CALIFORNIA.

UNDER NO CIRCUMSTANCES WILL ANY APRICOTY, INC. PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Apricoty, Inc. were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).

IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF CALIFORNIA.

Terms of Use and Severability

We provide our services to you subject to our Terms of Use, and your order and purchase are also subject to those terms which are incorporated herein. In the event of a conflict between our Terms of Use or Privacy Policy and these Terms of Sale, these Terms of Sale will control. We reserve the right to make changes to our site, policies, Terms of Use, Privacy Policy and these terms at any time. If any part, term or provision of these terms shall be held illegal, unenforceable or in conflict with any law of a federal, state or local government having jurisdiction over these terms, the validity of the remaining portion or portions shall not be affected thereby.

Choice of Law

These terms of use shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You and Apricoty, Inc. irrevocably consent to the exclusive jurisdiction of the courts located in California in connection with any action arising out of or related to these terms of use or their subject matter. You and Apricoty, Inc., waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenient in any such action. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF CALIFORNIA.

Customer Service

You may contact us by email: Info@Apricoty.com

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below. This website is owned and operated by Apricoty, Inc. and its subsidiaries and affiliates (collectively “Apricoty “we,” or “us”). If you do not agree to these terms of use, please do not use this website. Apricoty, Inc. is free to revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes. Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.

In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for only your personal, non-commercial use. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of Apricoty, Inc. and any copyright owner from whom we have obtained a license. Requests for such permission should be made to Info@Apricoty.com or to the contact specified below. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without Apricoty, Inc. written permission.

Contents and Hyperlinks
This website may contain hyperlinks to third party websites, and those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Apricoty, Inc has no control over the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF CALIFORNIA.

User Content
Apricoty, Inc is pleased to hear from its customers; however, we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in this website. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to Apricoty, Inc. or postings on interactive portions of this website, shall be deemed and shall remain the property of Apricoty, Inc.. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. Apricoty, Inc. is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By uploading or otherwise providing any Communications to this website or Apricoty, Inc., you hereby grant Apricoty, Inc., to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE Apricoty, Inc. from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF CALIFORNIA.

Interactive Areas and Code of Acceptable Conduct
Apricoty, Inc. does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF CALIFORNIA.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
You will not upload viruses or harmful components.
You will not use the website to further any illegal purpose or to violate the rights of any party.
You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

Apricoty, Inc. will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

Products, Services and Software
Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Apricoty, Inc. or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Apricoty, Inc. of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

Notice and Procedure for making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims.

No Representations or Warranties
The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED “AS IS.” APRICOTY, INC. DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Apricoty, Inc. makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Apricoty, Inc. computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD APRICOTY, INC. HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.

Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL APRICOTY, INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, OR OTHER MARKETS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL APRICOTY, INC. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF CALIFORNIA.

Choice of Law
Apricoty, Inc. controls and manages this website from its facilities in the State of California in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. These terms of use shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.

Jurisdiction
You and Apricoty, Inc. irrevocably consent to the exclusive jurisdiction of the courts located in California in connection with any action arising out of or related to these terms of use or their subject matter. You and Apricoty, Inc. waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenient in any such action. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF CALIFORNIA.

Disputes
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. Any dispute or claim relating in any way to these to the Terms of Use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to the Terms of Use. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF CALIFORNIA.

Trademarks and Copyrights
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Apricoty, Inc. or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.

Except as otherwise noted, Apricoty, Inc. and/or its subsidiaries is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (or other applicable jurisdictions).

Securities and Investment
This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

This website may contain information and press releases about and by Apricoty, Inc.. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. Any statements in this site that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the ‘safe harbor’ for forward-looking information and are subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as “believes,” “anticipates,” “plans,” “may,” “hopes,” “can,” “will,” “expects,” “estimates,” “predicts,” “is designed to,” “with the intent,” “potential,” and similar expressions commonly indicate forward-looking statements, but in their absence do not mean that a statement is not forward-looking. Any forward-looking statements contained herein involve risks and uncertainties, including but not limited to general economic and currency conditions, various conditions specific to Apricoty, Inc. business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, Apricoty, Inc. accounting policies, future trends, and other risks which are detailed in Apricoty, Inc. Securities and Exchange Commission filings.

Severability
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Privacy
Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any representations concerning privacy, Apricoty, Inc. reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

General
These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Apricoty, Inc. reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Apricoty, Inc. may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.