Start your Franchise Financing Inquiry
ApplePie Capital Funding Solutions, LLC
801 W. Ann Arbor Trail
Suite 205
Plymouth, MI 48170
If any lender in our network does not accept your application, we cannot provide you any more information than the lender asks us to provide to you. If we determine that none of the lenders in our network could provide you a financing option, you have the right to request a written statement of specific reasons for our determination. To obtain the statement, please write to APCFS Product Management at 801 W. Ann Arbor Trail, Suite 205, Plymouth, MI 48170 or call 650-352-7040, within 60 days of the date you are notified of our decision. We will send you a written statement of reasons for our determination within 30 days of receiving your written request for the reasons.
Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal agency which administers compliance concerning this credit is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20508.
Terms of Use
General
ApplePie Capital, Inc., a Delaware corporation, and ApplePie Capital Funding Solutions, LLC (collectively, "ApplePie Capital," "APC," "we", "our," or "us") own and operate this website. By accessing www.applepiecapital.com, including any subdomains of applepiecapital.com (together, the "Site") or using our services (the "Services"), you acknowledge and agree that you have read and understood these terms of use ("Terms of Use" or this "Agreement") and agree to be bound by these Terms of Use, whether you are acting in your individual capacity or on behalf of any entity. This Agreement is a legally-binding contract between you and APC. You must read and agree to these terms before using the Site. If you do not agree to these Terms of Use, you may not use the Site. This Agreement applies to all visitors, users, and others who access the Site (collectively, "Users").
We reserve the right to modify these Terms of Use from time to time and will notify you of such modifications as described in “Notification Procedures and Changes to the Agreement” below. Your continued use of the Site following any such notification will indicate your agreement to the Terms of Use as they have been amended.
PLEASE READ THESE TERMS OF USE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Eligibility
You must be eighteen (18) years of age or older and a legal resident of the United States to use this Site. BY CLICKING ANY BUTTON OR BY ACCESSING, BROWSING OR OTHERWISE USING THE SITE YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.
User Accounts
You may be required to create a user account (a "User Account") to use certain parts of the Site. When you create a User Account, you will be required to provide an email address and select a password. You may not disclose your password to any third party. If you learn of any unauthorized use of your password or User Account, please contact us immediately. We encourage you to use "strong" passwords (defined as passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site as permitted by the features of the Site. APC reserves all rights not expressly granted herein in the Site and APC's Intellectual Property (as defined below). APC may terminate or suspend this license or your access to the Site at any time for any reason or for no reason.
Your User Account is to be used solely by (i) the individual for whom it was created or (ii) on behalf of any entity represented by an authorized individual. Use of any User Account by more than one individual violates these Terms of Use. You are responsible for maintaining the confidentiality of your password. You agree to notify APC of any unauthorized use of your account or any breach of security. APC will not be liable for any loss that you may incur, or may create, as a result of someone else's use of your password or account, either with or without your knowledge or consent. You shall not use any other individual or entity's User Account at any time for any reason. You agree to provide true, accurate, current, and complete information when prompted, and to maintain and promptly update such information to keep it true, accurate, current, and complete.
Electronic Disclosure and Consent
By providing APC with your email address, you consent to APC's use of the email address to send you Site-related and Services-related notices, including any notices required by law, in lieu of communication by postal mail. The documents related to this Site or our Services, whether completed online or uploaded by you in your individual capacity or on behalf of any entity may be executed electronically, and executed PDF versions (or other electronic versions) of such documents shall be valid and binding in all respects. The User and any entities he/she represents (if applicable) hereby consent to (i) receive electronically, through this Site or through the email address provided by the User, all documents, communications, notices, contracts, and agreements (each, a "Disclosure") arising from or relating in any way to this Site and the Services and (ii) transact business electronically, and this agreement to do so applies both to the specific transactions to which the Disclosures relate and to all of our Services. The User and any entities (if applicable) must maintain hardware and software to receive electronic communications.
Registrations, Inquiries, and Applications
You may be presented with the opportunity to register, inquire about loan options, apply for a loan, or obtain loan information through the Site. When you register, inquire about loan options, or apply for a loan, you agree to provide current, complete, and accurate information about yourself and any entity on whose behalf you are acting. By providing information to us, including information about any entity, you represent that you have the authority to provide such information, including information relating to and provided on behalf of that entity. If any information you provide is untrue, inaccurate, not current, incomplete, or unauthorized, we have the right to cancel your registration on the Site, reject any application you have submitted, terminate any agreement we have with you, and restrict your future use of the Site and our products and Services. We reserve the right to reject any Site registration and/or decline any application for a loan, subject to applicable regulations. Further, we do not provide financing to loan applicants under the age of nineteen (19) in Alabama or Nebraska.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. APC shall have no liability for your interactions with other Users, or for any User's action or inaction.
Restrictions on Use
You agree to abide by all applicable laws and regulations in your use of the Site and our products and Services. In addition, you agree that you will not do any of the following:
- copy, distribute, or disclose any part of the Site in any medium, including without limitation by any automated or non-automated "scraping";
- use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site in a manner that sends more request messages to APC servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that APC grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from www.applepiecapital.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
- use the Site for any commercial solicitation purposes;
- conduct fraud, hide or attempt to hide your identity;
- interfere with the proper working of the Site;
- access any content on the Site through any technology or means other than those provided or authorized by the Site;
- attempt to gain unauthorized access to the Site, other Users' accounts, or computer systems or networks connected to the Site through hacking, password mining, or any other means;
- disable or bypass any functionality of the Site;
- harvest or otherwise collect personal information about others;
- post, privately transmit, or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else's rights or is protected by any copyright or trademark, or otherwise violates the law;
- post, privately transmit, or otherwise make available content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type;
- post, privately transmit, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
- use the information or content on our Site to send unwanted messages to any other user;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- post or otherwise make publicly available on the Site any personal or financial information of any third party;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- use the Site or our products and Services in any manner that could damage, disable, overburden or impair the Site;
- post or otherwise make available 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; or
- commit an act or omission that facilitates any of the above activities by another person.
Your Content and Information Sharing
Some areas of the Site allow Users to post or provide content such as profile information, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Site is referred to as "User Content"). Some areas of the Site also allow users to post or provide sensitive information, including without limitation, financial information ("Sensitive User Information"). We claim no ownership rights over User Content created by you. The User Content you create remains yours, subject to the “User Content License Grant” below; however, by providing or sharing User Content through the Site, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. APC has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Site. Notwithstanding the foregoing, we will only share your Sensitive User Information in accordance with our Privacy Notice, subject to applicable law.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. APC reserves the right, but is not obligated, to reject and/or remove any User Content that APC believes, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Site is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence that are posted on or provided in connection with the site or the Services, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- you have the written consent of each and every identifiable natural person in the User Content, if any, to use such person's name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
- you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties;
- your User Content and APC's use thereof as contemplated by this Agreement and the Site will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights;
- APC may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and
- to the best of your knowledge, all your User Content, Sensitive User Information and other information that you provide to us is truthful and accurate.
APC takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Site. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that APC shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
User Content License Grant
By posting or otherwise making available any User Content on or through the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to APC a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and APC's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under this Agreement.
Privacy
APC has made a commitment to protecting the privacy of those who visit our Site and access the products and Services available therein. APC's Privacy Notice (www.applepiecapital.com/privacy-policy) is hereby incorporated herein by reference.
Security
APC cares about the integrity and security of your personal information and uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. We have also designed our safeguards with the standards of our financial institution partners in mind, including:
- encryption of your personal information in transit through our network;
- encryption of your personal information while it is at rest in our systems; and
- regular independent penetration tests.
However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you are providing your information at your own risk. For more information about protecting your information and identity theft, review these materials provided by the Federal Trade Commission.
APC's Intellectual Property
For the purposes of these Terms of Use, "APC Intellectual Property" means all Intellectual Property Rights (as defined in Your Content and Information Sharing, above) in and to all of the following as they relate to APC or the Site. You acknowledge and agree that the Site consists of APC Intellectual Property and other proprietary and confidential information that is the property of APC or the organization that licensed such materials to APC (the "APC Content"). The APC Intellectual Property and the APC Content are protected by intellectual property and other applicable laws. APC is, and will continue to be, the sole owner of all APC Intellectual Property and APC Content.
These Terms of Use permit you to access and use the Site solely in a manner consistent with these Terms of Use and applicable law. It does not convey to you any additional interests in or to the Site, APC Intellectual Property, or any APC Content.
You shall not create derivative works consisting of the APC Intellectual Property or any APC Content on the Site, nor shall you copy, distribute, display, frame, republish, or transmit the APC Intellectual Property or any APC Content in any manner or in any form without the prior written consent of APC.
You are not authorized to use any automated tools to access the Site or its APC Content and you shall not use tools to scrape or otherwise capture the Site's APC Content.
APC grants you a limited, revocable license to use and access the Site and to download the APC Content solely for your use in connection with lawful activities you are conducting on the Site.
You agree to respect and not to remove or cancel from view any copyright, trademark, confidentiality, or other proprietary notice, mark, or legend appearing on or in the Site or output generated by the Site.
APC Property
The Site contains data, information, and other content not owned by you, such as reputational or status indicators ("APC Property"). You understand and agree that regardless of terminology used, APC Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at APC's sole discretion. APC Property is not redeemable for any sum of money or monetary value from APC at any time. You acknowledge that you do not own the account you use to access the Site, nor do you possess any rights of access or rights to data stored by or on behalf of APC on APC servers, including without limitation any data representing or embodying any or all of your APC Property. You agree that APC has the absolute right to manage, regulate, control, modify and/or eliminate APC Property as it sees fit in its sole discretion, in any general or specific case, and that APC will have no liability to you based on its exercise of such right. All data on APC's servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON APC'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN APC'S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. APC DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON APC'S SERVERS.
Links
We are not responsible for the information practices employed by sites linked to or from our Site. In most cases, links to non-APC websites are provided solely as pointers to information on topics that may be useful to our Users. Since third-party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.
Important Warranty Disclaimers
THE SITE AND ANY OUTPUT GENERATED BY THE SITE ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS.
IN NO EVENT SHALL APC, ITS AFFILIATES AND/OR OTHER USERS BE LIABLE TO YOU FOR ANY CLAIM(S) RELATING IN ANY WAY TO (I) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS UNDER THESE TERMS OF USE OR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF APC, ITS AFFILIATES AND/OR OTHER USERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING OF DATA BY THE SITE OR OUTPUT GENERATED BY THE SITE.
APC MAKES NO WARRANTY THAT ACCESS TO THE SITE OR ANY OUTPUT GENERATED BY THE SITE WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE. NOR DOES APC MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL OR THIRD PARTY WEB SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APC OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, APC, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE. YOU ACKNOWLEDGE THAT THE USE OF THE SITE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA OR YOUR HARDWARE, AND APC SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES RELATED TO SUCH OCCURRENCES.
APC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APC SITE OR ANY HYPERLINKED WEBSITE OR SITE.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APC, ITS AFFILIATES, AGENTS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, PARTNERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE. UNDER NO CIRCUMSTANCES WILL APC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APC DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL APC, ITS AFFILIATES, AGENTS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, PARTNERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO APC HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF APC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Site is controlled and operated from facilities in the United States. APC makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so of their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import laws and regulations. In addition to the criteria in the “Eligibility” section above, you may not use the Site if you are an entity or foreign person embargoed, blocked, or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in and resident of the United States.
Indemnification
You agree to indemnify, protect, and defend, APC, its affiliates, agents, employees, and representatives from any and all losses, claims, damages, demands, costs, liabilities, fees (including reasonable attorneys' fees) of any kind caused by your actions or inactions, including any acts related to the following: your use or misuse of the Site, disputes between persons or entities as to the ownership, use, or dissemination of data available on the Site, your input or use of data or information available on the Site, your use of output generated by or through the Site, your violation of any third-party right, including without limitation any right of privacy or the APC Intellectual Property, any other party's access and use of the Site with your unique username, password or other appropriate security code, or your failure to comply with these Terms of Use.
Discontinuation of the Site
In the event that APC is required or chooses to discontinue offering the Site, you acknowledge and agree that APC has no obligation to you under any circumstances, including but not limited to, migration or assistance to you in migration of files or data from the Site.
Community Behavior Guidelines
You agree to abide by any community behavior guidelines or notices issued by APC for the purpose of preserving a respectful online environment within the Site.
Assignment of Ideas and Concepts
Any and all title, ownership rights, and Intellectual Property Rights concerning any ideas, concepts, suggestions, materials and the like that you provide to APC regarding the Site or its contents shall become the exclusive property of APC and APC may use such information for its business purposes in its sole discretion without any payment, accounting, remuneration or attribution to you.
Force Majeure
APC's performance under these Terms of Use is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies, and the like.
Remedies
If you violate these Terms of Use, APC may terminate your access to the Site with or without notice. The remedies stated in these Terms of Use are cumulative and are in addition to any other remedies available to APC.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
General Provisions
Privacy Notice
ApplePie Capital, Inc. and ApplePie Capital Funding Solutions, LLC (collectively "ApplePie Capital," "APC," "we," "our," or "us") understand that privacy is important to our borrowers, potential borrowers, and other visitors to our website (the “Site”). This Privacy Notice explains how we collect, use, share and protect the information, including personally identifiable information, that we obtain on the Site and through the provision of our services (collectively, our "Services"). By using our Services, you and any entity you represent (collectively, “you” or “your”) agree to the terms of this Privacy Notice and to our Terms of Use.
WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?
The categories of information we collect include:
- Information you provide to us directly. We may collect personally identifiable information such as a username, first and last name, phone number, e-mail address, and state of residence, as well as information about your business when you register for an ApplePie Capital account (“User Account”) or if you correspond or otherwise interact with us. We may also collect additional information you provide to us about your background, your business needs, and your interest in our Services. We may combine this information with data we collect from you through other methods, such as telephone interviews or secure electronic document exchange services, including your social security number, physical address, telephone number, bank account number, and other financial information.
- Information we collect from third parties. We may obtain information about you from third parties, including credit reports, background reports, information about your business, demographic information, and the status of any loan request you make with one of our financing partners.
- Information we collect from social networks. We may receive information about you when you interact with our site through various social media, for example (but not limited to) by logging in through or liking us on Facebook or by following us on Twitter. The data we receive is dependent upon your privacy settings with the social network. You should always review and, if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the ApplePie Capital Services.
We use the information we collect to evaluate potential borrowers and otherwise provide our Services. We may also use the information we collect to communicate with you through phone calls, text messages, or email messages, to follow up with you by offering information about our Services or your account, and to send you Service-related messages (for example, account verification, transactional communications, change or updates to features of the Services, and technical and security notices).
For more information about your communication preferences, see "Your Choices Regarding Your Information" below.
HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION
We and our third-party partners may automatically collect certain types of usage information when you visit our Site or use our Services. For example, when you visit our Site, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Services (e.g., the pages you view, the links you click, how frequently you access the Services, and other actions you take in connection with the Services), and allow us to track your usage of the Services over time. We may collect log file information about your browser or mobile device each time you access the Services. Log file information may include anonymous information such as your web request, Internet Protocol ("IP") address, browser type, information about your mobile device, referring/exit pages and URLs, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Services. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Services. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third-party applications, and other information that assists us in analyzing and improving the Services. Although we do our best to honor the privacy preferences of our users, we are not able to respond to "Do Not Track" signals from your browser at this time, as we believe that there is no consistent industry standard for how to respond to "Do Not Track" browser settings.
When you access our Services by or through a mobile device, we may receive or collect and store a unique identification number associated with your device ("Device ID"), mobile carrier, device type and manufacturer, and phone number.
We may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (i) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (ii) provide custom, personalized content and information, including advertising; (iii) provide and monitor the effectiveness of our Services; (iv) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Site and our Services; (v) diagnose or fix technology problems; and (vi) otherwise to plan for and enhance our Services.
SHARING OF YOUR INFORMATION
We may share the information we collect in certain instances, including those described below. For further information on your choices regarding your information, see the "Your Choices About Your Information" section below.
We may share the information we collect with:
- Other companies owned by or under common ownership with ApplePie Capital. These companies will use the information we collect from you in accordance with this Privacy Notice;
- Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, billing, payments, loan origination and payment processing, accreditation verification, background check services, service fulfillment, web hosting or providing analytic services;
- Our business partners who offer a service to you jointly with us, or who partner with us to provide our Services to you, including, for example, franchise brand owners and other lending partners such as debt investors, loan buyers, and other financing partners;
- Other companies whose products or services may be of interest to you (to see how you may opt-out of this sharing, see "Your Choices About Your Information," below);
- Other parties, including shareholders and potential equity investors, in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings; and
- Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) to enforce our Terms of Use or to protect the security or integrity of our Services; or (iii) to exercise or protect the rights, property, or personal safety of ApplePie Capital, our users, or others.
On a regular basis, we may also share information about loan inquiries to which you are associated with owners or representatives of the franchise brand identified in your loan inquiry ("Franchisor Pipeline Reports"). Such information may include, but is not limited to, (i) the information you provide us about your inquiry (excluding personal and business financial information) such as the name of the person making the inquiry, the content and timing of requests you make to us, your business plans and expected use of funds, reasons for any delay in pursuit of the financing, and reasons for ceasing pursuit of the financing; (ii) the stage of your potential financing with us and reasons it is at such stage; and (iii) the status of your potential financing after it has been applied for, as communicated to us by lenders in our network.
We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.
YOUR CHOICES ABOUT YOUR INFORMATION
If you wish to stop receiving promotional email communications from us, please click on the "unsubscribe link" provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of Services-related email communications (e.g. account verification, transactional communications, changes/updates to features of the Services, and technical and security notices).
If you wish to stop receiving text messages, you can respond “STOP” to cancel enrollment in text message communications.
If you wish to opt-out of having your information shared with third parties for marketing purposes, you may contact us directly at [email protected].
If you wish to opt-out of having information about the status of any inquiry with which you or any entity you represent are associated included in our Franchisor Pipeline Reports, please send this request to us directly at [email protected]. Please note that you cannot, however, opt out of our sharing information with franchise brands as necessary to provide our Services to you, including but not limited to information necessary to verify any application information you provide or information shared in discussions as permitted by your loan agreement (if you enter into one).
If you have any questions about reviewing, modifying or deleting your account information, please contact us directly at [email protected]. We may not be able to modify or delete your information in all circumstances, as federal and state law may require that we maintain certain types of information for a certain period of time.
LOCATION OF YOUR DATA
The Site is intended to provide the Services inside the United States and is governed by the laws of the United States. We will treat your information as subject to United States Law and this Privacy Notice. If you visit this Site or otherwise communicate with us electronically from outside the United States, your data will be transferred to and stored within the United States, and you consent to the transfer of your data outside the country from which you are visiting the Site or communicating with us. Information about you may be stored and processed in any country in which the third parties with which we share your information process the information, and, by using the Site and Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.
NOTIFICATION PROCEDURE AND CHANGES TO THIS PRIVACY NOTICE
APC may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by APC in our sole discretion. APC reserves the right to determine the form and means of providing notifications to you. APC is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. APC may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the 'last modified' date at the bottom of this page. Your continued use of the Site after any such change constitutes your acceptance of the new Privacy Notice. If you do not agree to any of these terms or any future Privacy Notice, do not use or access (or continue to access) the Site.
This Agreement was last modified on February 27, 2024.
Acknowledgements
Borrower Communications. If you are working with us in your individual capacity, we refer to you herein as the "Applicant," and if you are working with us on behalf of any entity, we refer to you herein as the "Entity.” We refer to our communications with you, which may be through oral, written and electronic means, about your proposed financing as the "Broker Process."
As part of the Broker Process, we may use shorthand expressions about the status of your proposed financing that are designed to communicate complex concepts in a simplified and efficient manner. These are not intended to be complete or definitive statements, and are not intended to be legally binding. Any opinions expressed by us related to the Applicant and the Entities (if applicable), their business or their prospects for obtaining financing are not intended to guarantee specific results.
Neither the Applicant nor any Entity (if applicable) should make any financial commitments in reliance on our communications prior to receiving a signed commitment letter from a lender. Even after receiving a signed commitment letter, it is the responsibility of the Applicant and the Entities (if applicable) to determine whether such proposal suits their needs and to carefully review the associated terms and conditions prior to executing. Commitment letters and other lender proposals are usually contingent upon the satisfaction of certain conditions and may be rescindable prior to the closing of the loan. It is the responsibility of the Applicant and the Entity (if applicable) to evaluate the risks of entering into any financial commitments based on such letters or proposals.
Notification of Changes. Each of Applicant and the Entity (if applicable) agrees to immediately notify us of any changes to the information provided during the Broker Process, including but not limited to the creation of new entities, changes to existing entities, new or increased indebtedness, purchases or sales of assets, changes in personal income, or the placing of liens on any of the Applicant's or the Entity’s (if applicable) property.
Acknowledgements and Authorizations of the Applicant (in Your Personal Capacity). The Applicant authorizes ApplePie Capital Funding Solutions, LLC and any affiliates to take all actions necessary to evaluate the information and materials we receive in connection with the loan evaluation process, including without limitation (i) obtaining reports from consumer credit agencies or bureaus from time to time, (ii) making all inquiries we deem necessary to verify the accuracy of any information and documents that we receive, (iii) sharing all information and materials that we obtain with lenders, potential guarantors, investors or financing sources (of us or of our affiliates or any other parties involved in financing the loan), and (iv) discussing the status of the loan application with the applicable franchisor as set forth in our Privacy Notice.
Acknowledgments and Authorizations of the Entity (in Your Capacity on Behalf of an Entity). Each Entity (if applicable) agrees to provide all materials necessary for us to process this application, including information and documentation relating to the Entity, its ownership structure, owners, guarantors and potential guarantors, contractual counterparties (including franchisors and landlords), operating history, projections and business activities. Such Entity authorizes ApplePie Capital Funding Solutions, LLC and its affiliates to take all actions necessary to process this application, including without limitation (i) obtaining reports from both consumer and commercial credit agencies or bureaus from time to time, (ii) making all inquiries we deem necessary to verify the accuracy of any information and documents that you provide, (iii) sharing all information and materials that we obtain in connection with this document with lenders, potential guarantors, investors or financing sources of us or of our affiliates or any other parties involved in financing the loan, and (iv) discussing the status of the loan application with the applicable franchisor as set forth in our Privacy Notice.
Optional Opt-Out of Information Sharing Among Affiliates (in Your Personal Capacity). We may share certain information relating to the Applicant's personal creditworthiness with our affiliates, including ApplePie Capital, Inc. This information may include, among other things, the information the Applicant provides on our forms concerning the Applicant's personal financial history and accounts that the Applicant holds, as well as information obtained by us from consumer reporting agencies, such as the Applicant's credit score. You, as the Applicant, have the right to opt-out of this personal information sharing. If you would like to do so, please send an email to [email protected] notifying us of your decision to opt-out.
No Assurances. ONCE WE DETERMINE, AT OUR SOLE DISCRETION, THAT THE APPLICANT OR AN ENTITY (IF APPLICABLE) IS PREPARED TO SEEK FINANCING, WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO (I) IDENTIFY POTENTIAL FINANCING OPTIONS FROM LENDERS IN OUR NETWORK THAT MEET THE STATED CRITERIA AND OBJECTIVES OF THE APPLICANT AND THE ENTITY (IF APPLICABLE) AND (II) ASSIST THE APPLICANT AND THE ENTITY (IF APPLICABLE) IN COMPARING AND COMPLETING ANY FINANCING PROPOSALS PROVIDED BY SUCH LENDERS. HOWEVER, IT IS SOLELY THE RESPONSIBILITY OF THE APPLICANT AND THE ENTITY (IF APPLICABLE) TO EVALUATE AND DETERMINE WHICH FINANCING PROPOSAL (IF ANY) IS SUITABLE FOR THEIR NEEDS. NEITHER THE APPLICANT NOR THE ENTITY (IF APPLICABLE) IS REQUIRED TO ACCEPT ANY OF THE FINANCING PROPOSALS THAT WE PRESENT. Additionally, no assurance can be made that any lender will accept an application for financing or the terms on which a lender will extend credit. Such decisions are within each lender's sole discretion.
ApplePie Capital Funding Solutions, LLC is responsible for collecting and processing the information included in this process.
Referrals to Our Non-Affiliated Partners
Please check the box to indicate whether you would like us to refer your inquiry and the information you provide us to our non-affiliated partners who may able to offer you alternative products or services, in the event that we are not able to locate financing solutions from our network at this time. The purpose of these referrals is to introduce you to companies outside of the ApplePie group that may be more suited to help you obtain financing. If you accept this referral service, we will share the information that you have provided to us with our selected non-affiliated partners.
A referral fee may be paid to us by our non-affiliated partners if an arrangement is entered into between you and any of our non-affiliated partners. The amount of any referral fee paid or received for referral services will not affect the fees paid or payable by you.
We do not make any endorsement, recommendation or representation about any of our non-affiliated partners or the services they provide. We will not be a party to, or liable for, any agreements that you may decide to enter into with our non-affiliated partners.
Your decision to accept or decline our referral service will not affect in any way our acceptance of your inquiry.
Consent to receive SMS texts
By selecting “Check to consent to receive SMS texts from us to your mobile device” you consent to receive various communications via text message from ApplePie Capital, Inc. and/or ApplePie Capital Financial Solutions, LLC ("ApplePie"), which may be generated by an automated dialer to your mobile device. Consent is not required to work with or receive services from ApplePie. Such communications shall include, but may not be limited to, confirmation of appointments, requests for missing documents/info and the status of your loan application. Messages and data rates may apply. You agree to ApplePie Capital, Inc.’s Privacy Policy. You can text STOP to cancel at any time.