These Terms and Conditions of Use are the contract between you, the Customer, and APS Marketing, LLC. concerning access to and use of this website. You must read these Terms and Conditions of Use, and if you are using this web site, you are agreeing to all the Terms and Conditions of Use stated here.

APS Marketing, LLC reserves the right to change these Terms and Conditions of Use, in whole or in part, at any time with or without notice, and you should review these Terms and Conditions of Use then posted each time before using this Website. Each time you access this Website, your access and use will constitute your agreement and consent to these Terms and Conditions of Use in the form then posted. APS Marketing, LLC may limit or terminate your access to this Website at any time without prior notice to you. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy.

This Website is operated by APS Marketing, LLC. to allow its Customers to shop online for APS Marketing, LLC (TM) products. The principal place of business is 1610 Maple Stree, Wenatchee, WA 98801, its officers, directors, shareholders, employees, agents, parent, subsidiaries and affiliates.

PURCHASE ELIGIBILITY

The purchase of merchandise through APS Marketing, LLC. is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Washington.

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet APS Marketing, LLC.’s terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to APS Marketing, LLC. whose applications are acceptable to APS Marketing, LLC. and who have authorized APS Marketing, LLC. to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. APS Marketing, LLC. reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and should APS Marketing, LLC. feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

PRICING & TAX

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped within Washington. Customers shipping outside the US will incur relevant import duty and tax, payment of which are the customer’s sole responsibility. All prices quoted on this Website do not include shipping, handling, delivery and insurance costs or any sales, use or delivery charges and duties, for which you are solely responsible and which will be added to the product price indicated in this Website.

ORDER PLACEMENT

Orders for APS Marketing, LLC (TM) products are accepted only through this Website. Any purchases made through this Website must be paid for at the time of order by duly authorized use of a valid credit card or PayPal account in good standing. No order will be shipped unless and until appropriate approvals from the lender issuing the credit card and or PayPal have been received; any charges denied will be the responsibility of the person placing the order. See the order form on this Website for more details; if you place an order through this Website, you are agreeing to the terms and conditions on the order form, but these Terms and Conditions of Use will control in the event of a conflict between the order form and these Terms and Conditions of Use. For information about security of orders placed through this Website, see below.

ORDER ACCEPTANCE

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.

Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and APS Marketing, LLC. will be perfected when we ship the goods to you at which time you will receive a second email containing your tracking number, and confirming that your order has been shipped. The sale contract is therefore concluded in the State of Washington, USA, and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms and Conditions of Use.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT

Payment can be made by American Express, MasterCard or Visa credit/debit cards or via PayPal. Payment will be debited and cleared from your account upon shipment of your order by APS Marketing, LLC Inc.. You confirm that the credit/debit card or PayPal account that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card or PayPal account to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to APS Marketing, LLC. we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are encrypted in a secure host environment. To help ensure that your shopping experience is safe, simple, and secure, APS Marketing, LLC. uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

SHIPMENT & DELIVERY

Domestic and International orders are shipped via United States Postal Service or UPS/FedEX Ground or Express Service. Orders are dispatched without signature requirement and risk of loss and title for any products ordered through this Website passes to you upon delivery by APS Marketing, LLC or its agent to the common carrier. Delivery with signature is available for an extra fee on domestic orders only. Pricing for international shipments is determined by real-time United States Postal Service calculations based on estimated package weight. The actual shipping cost paid by APS Marketing, LLC may be lower than the shipping price paid by the customer due to volume-based shipping discounts and/or shipping weight rounding. In no case is the customer entitled to a cash refund or any other form of compensation resulting from a discrepancy in the shipping price paid and actual shipping cost, nor will the customer be responsible for any discrepancy that results in a greater actual shipping cost than that which was collected at time of order placement.

RETURN POLICY

APS Marketing, LLC (TM) products are non-exchangeable and non-returnable except in case of product damage. Original shipping costs are non-refundable. In the event of a damaged shipment, at APS Marketing, LLC’s sole discretion, APS Marketing, LLC may file a claim with the shipper on the customer’s behalf or otherwise ensure the provision of a replacement. Proof of damage may be required before the filing of claims and/or replacement shipment.

In the event of customer dissatisfaction with a product, APS Marketing, LLC at its sole discretion may provide a product of like or greater value or a refund.

The account password you provide should be unique and kept secure, and you must notify APS Marketing, LLC. immediately of any breach of security or unauthorized use of your account. Although APS Marketing, LLC. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for APS Marketing, LLC.’s losses or others due to such unauthorized use.

Please refer to our Privacy Policy for information about how we use your data.

Access to and use of password-protected areas of the site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify APS Marketing, LLC immediately. APS Marketing, LLC may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this site, have been made by you unless we receive notice indicating otherwise.

INTELLECTUAL PROPERTY RIGHTS

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including APS Marketing, LLC. Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by APS Marketing, LLC. and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. APS Marketing, LLC. tries to ensure that the information on this site is accurate and complete. APS Marketing, LLC. does not promise that APS Marketing, LLC.’s Content is accurate or error-free. APS Marketing, LLC. does not promise that the functional aspects of the Site or APS Marketing, LLC.’s Content will be error free or that this Site, APS Marketing, LLC. Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

SUBMISSIONS

While we do not solicit product ideas or improvements from our Customers, APS Marketing, LLC would be happy to hear from you with any comments or suggestions to you might have about our products and our business. If you send or submit anything to APS Marketing, LLC, whether as suggestions, comments, feedback, ideas, opinions, concepts, graphics, text, drawings, or other materials (collectively, “Submissions”), all Submissions will be and remain the property of APS Marketing, LLC and shall constitute an assignment to APS Marketing, LLC of all worldwide right, title, and interest in all copyrights and other intellectual property rights in and to the Submissions. APS Marketing, LLC will not be limited in its use of the Submissions (whether commercial or otherwise), if any use if made, and APS Marketing, LLC is under no obligation either to use or respond to the Submissions or to credit or compensate you in any way.

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions of Use, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.

THIRD PARTY

We may include hyperlinks on this Site to other websites or resources operated by parties other than APS Marketing, LLC. APS Marketing, LLC. has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

LIMITATION OF LIABILITY & SOLE REMEDY

APS Marketing, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEBSITE. NEITHER APS Marketing, LLC NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, BREACH OF SECURITY, UNAUTHORIZED OR ACCIDENTAL DISSEMINATION OF PERSONAL DATA, DEFECTS, VIRUSES, AND/OR DELAYS, ANY OF WHICH RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, APS Marketing, LLC’S NEGLIGENCE OR YOUR OWN NEGLIGENCE, ERRORS AND/OR OMISSIONS, OR ANY OTHER CAUSE, EVEN IF APS Marketing, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS LIMITATION OF LIABILITY SECTION APPLIES TO ALL CONTENTS OF THIS WEBSITE AS WELL AS PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES IS PROHIBITED OR LIMITED, APS Marketing, LLC’S LIABILITY IS LIMITED ONLY TO THE EXTENT REQUIRED BY THAT JURISDICTION. YOUR SOLE REMEDY AGAINST APS Marketing, LLC IS A REFUND OF THE PRICE PAID FOR ANY PRODUCTS YOU PURCHASED THROUGH THE WEBSITE FROM APS Marketing, LLC.

INDEMNIFICATION

At our request, you agree fully to defend, indemnify and hold harmless APS Marketing, LLC. immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions of Use by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Site and the Services.

GENERAL LEGAL TERMS

(a) Complete Terms: The Terms and Conditions of Use constitute the whole legal agreement between you and APS Marketing, LLC. and govern your use of the Services and completely replace any prior agreements between you and APS Marketing, LLC. in relation to the Services. Notwithstanding the foregoing, you understand that APS Marketing, LLC. may make changes to the Terms and Conditions of Use from time to time. When these changes are made, APS Marketing, LLC. will make a new copy of the Terms and Conditions of Use available at https://www.nancyboy.com You agree that APS Marketing, LLC. is under no obligation to provide you with notices regarding changes to the Terms and Conditions of Use. You understand that it is your responsibility to check the Terms and Conditions of Use regularly for changes.

(b) Modifications to the Services: APS Marketing, LLC. is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which APS Marketing, LLC. provides may change from time to time without prior notice to you. You further acknowledge and agree that APS Marketing, LLC. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at APS Marketing, LLC.’s sole discretion, without prior notice to you.

(c) Confidentiality: You understand that APS Marketing, LLC. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. APS Marketing, LLC. reserves the right to revoke these exceptions either generally or in specific cases.

(d) No Joint Venture or Partnership. These Terms and Conditions of Use contemplate only the use of this Website to allow its Customers to shop online for APS Marketing, LLC (TM) products. No joint venture, partnership or other such arrangement with APS Marketing, LLC shall be inferred or implied solely by reason of such access and use by any party.

(e) Section Headings. The section headings used in these Terms and Conditions of Use are for reference and convenience only and shall not constitute part of the Terms and Conditions of Use for purposes of interpretation or enforcement.

(f) Terminology. “We,” “us,” “our” and “APS Marketing, LLC” refer to APS Marketing, LLC., a Washington corporation. “You,” “your” and “Customer” refer to any party other than a duly authorized representative of APS Marketing, LLC who accesses this Website.

(g) Controlling Law; Dispute Resolution; Attorney Fees. APS Marketing, LLC controls and operates this Website from its offices in San Francisco, Washington. These Terms and Conditions of Use shall be controlled by and interpreted under the laws of the State of Washington, without regard to its conflicts of laws principles. Those parties accessing this Website from other jurisdictions do so by their own choice and are solely responsible for their personal compliance with the laws of other jurisdictions to which they may be subject.

Any dispute arising out of or relating to these Terms and Conditions of Use and the purchase or use of products offered through this Website shall be heard exclusively in the courts located in the City and County of San Francisco, Washington. Those accessing this Website hereby irrevocably consent to such location as the sole and exclusive venue (and to personal jurisdiction of the courts located there) for the purposes of resolving or litigating any dispute.

The prevailing party in any dispute hereunder shall be awarded reasonable attorney fees and costs in connection with such dispute.

(h) Severability. If any provision of these Terms and Conditions of Use shall be found unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be rewritten to the least extent necessary to make the provision enforceable. If the provision cannot be rewritten, then the provision shall be deemed severed from these Terms and Conditions of Use and the remaining provisions shall be read and interpreted so as to support the original intention of the parties.

(i) Survival. All consents, agreements, covenants, representations and warranties of APS Marketing, LLC and of those accessing this Website shall survive such access.

(j) Integration. These Terms and Conditions of Use constitute the entire agreement regarding the subject matter of this Website as between APS Marketing, LLC and those accessing this Website during the time this version of the Terms and Conditions of Use are posted, and such Terms and Conditions of Use shall not be modified except in writing, signed by both parties.

(k) No Waiver. The waiver of any provision of these Terms and Conditions of Use shall not be considered a waiver of any other provision or of APS Marketing, LLC’s right to later require strict adherence to each of these Terms and Conditions of Use.

Notice. Any notice to be given to APS Marketing, LLC under these Terms and Conditions shall be given by first class mail, certified, charges prepaid, to the regular mail address given in the third paragraph of these Terms and Conditions of Use. Such notice shall be effective on the third day following deposit in the US Mail. Any notice to be given to a party accessing this Website shall be given as APS Marketing, LLC may determine to that party at any of the following addresses provided, directly or indirectly, by the accessing party to APS Marketing, LLC: (i) any email or internet protocol address, (ii) any credit card billing address, and/or (iii) any shipping address. Such notice shall be deemed effective on the next day following dispatch under subsection (i) or on the third day following deposit in the US Mail, first class, certified, charges prepaid, under subsection (ii) or (iii) above.
HOW TO CONTACT APS Marketing, LLC

This website is operated by APS Marketing, LLC. You can contact us through the options on our contact page.

APS Marketing, LLC does not accept orders submitted by mail or by any means other than the order form contained in this Website.

Copyright & Trademark

All Website design, text, graphics and other content and the selection and arrangement thereof, Copyright © 2017 APS Marketing, LLC. All rights reserved.