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Referrals to Our Non-Affiliated Partners

 

Please check the box to indicate whether you would like us to refer your credit application to our non-affiliated partners who may able to offer you alternative products or services, in the event that we are not able to offer you financing 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 decision whether or not to offer financing to you or, if we do offer such financing, its terms and conditions.

Notifications

By signing up and checking the boxes above relating to notifications and referrals, you agree to the Terms and Policies of this site.

Terms of Use

 

General

This website is owned and operated by ApplePie Capital, Inc., a Delaware corporation (“APC,” “we” or “us”). By accessing www.applepiecapital.com and APC’s lending platform (the “Service”), including any subdomains of applepiecapital.com (together, the “Site”), you signify 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. This is a 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 (“Users”).

We reserve the right to modify these Terms of Use from time to time and your continued use of the Site following any such update signifies 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 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 18 years of age or older and a 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 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.


User Accounts

You may be required to create a user account (each a “User Account”) to use certain parts of the Site. When you create a User Account, you will be required to pick a user name and a password. You may not disclose your user name or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Subject to the terms and conditions of these Terms of User, 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 the 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 no reason.

You may control your User Account profile and how you interact with the Site by changing the settings in your profile page. By providing APC with your email address you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your profile page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.


Registrations and Applications

You may be presented with the opportunity to register, apply for a loan or register to be an investor through the Site. When you register, become an investor, or apply for a loan, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to cancel your registration, 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 registration and/or decline any application for a loan. Further, we do not provide financing to loan applicants under the age of 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 on-line web browser (except that APC grants the operators of public search engines revocable permission to use spiders to copy publically 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);
  • taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
  • using the Site for any commercial solicitation purposes;
  • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  • interfering with the proper working of the Site;
  • accessing 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 for spamming or other illegal purposes;
  • 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 account on the Site is to be used solely by the individual for whom it was created. Use of an 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 usage of your password or account, either with or without your knowledge or assent. You shall not use any other user's account at any time for any reason. You agree to provide true, accurate, current, and complete registration information, and to maintain and promptly update such information to keep it true, accurate, current, and complete. APC may disable or suspend your access to the Site at any time and for any reason.


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; 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 not share your Sensitive User Information without your consent and will never publish such Sensitive User Information.

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, 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.
  • 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, inappropriate for children, 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. 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 provide your personal information at your own risk. For more information about protecting your personal 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 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 “Content”). The APC Intellectual Property and the 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 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 Content.

You shall not create derivative works consisting of the APC Intellectual Property or any Content on the Site, nor shall you copy, distribute, display, frame, republish, or transmit the APC Intellectual Property or any 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 Content and you shall not use tools to scrape or otherwise capture the Site’s Content.

APC grants you a limited, revocable license to use and access the Site and to download the Content solely for your use in connection with lawful activities you are conducting on the Site.

The content on the Site includes personal information about other users of the Site, including credit and underwriting data posted by or about other users. You can view and use this information for purposes of assessing the creditworthiness of such other user, but you are not authorized to use or disclose this information for any other purpose.

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 web site. In most cases, links to non-APC web sites are provided solely as pointers to information on topics that may be useful to our users. Since third party web sites 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 IFAPC, 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, AND APC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

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, 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 ASSUMES NO LIABILITY OR 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, 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 at 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 regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity 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 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.


DMCA Notice

Since we respect artist and content owner rights, it is APC’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, please notify APC’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Site;
  4. Information reasonably sufficient to permit APC to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn:
DMCA Notice
ApplePie Capital, Inc.

Address:
201 California Street, Suite 1400
San Francisco, CA 94111

1-800-720-0241
[email protected]

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying APC and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with APC’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, APC has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. APC may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


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

Governing Law
You agree that: (i) the Site shall be deemed solely based in Delaware; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM APC. For any dispute with APC, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that APC has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco, California, unless you and APC agree otherwise. If you are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing APC from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND APC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.


General Provisions

Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by APC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement
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 our Users, provided that you may opt out of certain means of notification as described in this Agreement. 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 Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Site.

Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with APC in connection with the Site, shall constitute the entire agreement between you and APC concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

Waiver
Failure of APC to enforce any provision of these Terms of Use will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

The headings and captions contained in these Terms of Use are inserted for convenience only and do not constitute a part of these Terms of Use.

Contact
Please contact us at [email protected] with any questions regarding this Agreement.

This Agreement was last modified on November 10, 2014.

Privacy Notice

 

ApplePie Capital, Inc. (“ApplePie Capital,” “we,” “our,” or “us”) understands that privacy is important to our online visitors to our website. This Privacy Notice explains how we collect, use, share and protect your personal information that we collect on our website and through our service (collectively, our “Service”). By using our Service, you agree to the terms of this Privacy Notice and our Terms of Use.


WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?

The categories of information we collect can include:

  • Information you provide to us directly. We may collect personal information such as a username, first and last name, phone number, e-mail address, state of residence, and information about your business when you register for a ApplePie Capital account or if you correspond with us. We may also collect additional information you provide to us about your background, your business needs and your interest in our services, which we will consider to be personal information if it is linked to your identifying information. 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, 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, information about your business and demographic information.
  • Information we collect from social networks. We may receive information about you when you interact with our site through various social media, for example, by logging in through or liking us on Facebook or 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 Service.

We use this information to operate, maintain, and provide to you the features of the Service. We may use this information to communicate with you, such as to send you email messages, and to follow up with you to offer information about our Service and your account. We may also send you Service-related emails or messages (e.g., account verification, transactional communications, change or updates to features of the Service, 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 website or use our Service. For instance, when you visit our websites, 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 Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information about your browser or mobile device each time you access the Service. 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 Service, 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. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. 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 Service. 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 Service 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: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our service.

Third Party Tracking and Online Advertising
We may permit third party ad networks, social media companies, and other third party services to collect information about browsing behavior from visitors to our Service through cookies, social plug-ins, or other tracking technology. We may permit third party online advertising networks to collect information about your use of our websites over time so that they may play or display ads that may be relevant to your interests on our Service as well as on other websites or services. Typically, the information is collected through cookies or similar tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). Depending on your mobile device, you may not be able to control tracking technologies through settings. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at [email protected].


SHARING OF YOUR INFORMATION

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices About Your Information” section below.

We may share your personal information with:

  • Other companies owned by or under common ownership at ApplePie Capital. These companies will use your personal information in the same way as we can under this policy;
  • 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 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;
  • 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, below);
  • Other parties 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 to if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of ApplePie Capital, our Users, or others.

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

How to control your communications preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices). If you want to opt-out of having your information shared with third parties for marketing purposes, you may contact us directly at [email protected].

Modifying or deleting your information. If you have any questions about reviewing, modifying or deleting your account information, you can 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 set period of time.


HOW WE STORE AND PROTECT YOUR INFORMATION

Storage and Processing
Your information collected through the Service may be stored and processed in the United States or any other country in which ApplePie Capital or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which ApplePie Capital or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Notice.

Keeping your information safe
ApplePie Capital cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through the Service. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, ApplePie Capital will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.


CHILDREN’S PRIVACY

ApplePie Capital does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at [email protected].


LINKS TO OTHER WEB SITES AND SERVICES

Our Service may integrate with or contain links to other third party sites and services. We are not responsible for the practices employed by third party websites or services embedded in, linked to, or linked from the Service and your interactions with any third-party website or service are subject to that third party’s own rules and policies.


HOW TO CONTACT US

If you have any questions about this Privacy Notice or the Service, please contact us at [email protected].


CHANGES TO OUR PRIVACY NOTICE

ApplePie Capital may modify or update this Privacy Notice from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last modified’ date at the bottom of this page.

This privacy notice was last modified on January 19, 2015.