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.
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.
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.
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
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.
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.
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.
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.
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.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver