A.P.E.S. Marketing Services, LLC TERMS AND CONDITIONS OF USE & PURCHASE
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, SUBSCRIBING OR PLACING AN ORDER OVER WWW.APESRT.COM. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS ABOUT FINANCIAL RISK, DISCLAIMERS OF WARRANTIES, AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 2, 10 AND 11 BELOW). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
UNLESS YOU, THE USER, HAVE ANOTHER VALID WRITTEN AGREEMENT WITH A.P.E.S. MARKETING SERVICES, LLC (“APESRT”) OR ITS SUPPLIERS, WHICH TERMS APPLY TO THE SPECIFIC PRODUCT OR PRODUCTS PURCHASED FROM APESRT, OR UNLESS OTHER, OR ADDITIONAL, APESRT TERMS ARE SPECIFIED IN WRITING FOR A SPECIFIC PRODUCT OR SUPPORT, THE FOLLOWING APESRT TERMS (“TERMS”) (TOGETHER WITH ANY ADDITIONAL APESRT TERMS IF SO SPECIFIED) WILL APPLY AND GOVERN YOUR USE OF APESRT’S WEBSITE AND ALL PURCHASES, SUBSCRIPTIONS, LICENSES AND SUPPORT.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 13.
ApesRT reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://www.apesrt.com/terms-of-use/. Use of the Website after such changes constitutes acceptance of such changes. Any new features or services which are added to the current Website shall also be subject to the Terms.
1. GENERAL SERVICES
By accessing the Website or using any of ApesRT’s services, both free and paid (the “Premium Services”), you agree to comply with these Terms. If you do not agree to the Terms contained herein, you are not permitted to use the Website or the services, and we do not consent to provide you with access to the Website or the services. Subject to your full compliance with these Terms, ApesRT may provide its users with access to:
Free content including, but not limited to, blogs and content written by ApesRT commentators, videos, emails, podcasts, webinars, conference calls, user-generated content, free trials, and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs.
The Premium Services and the free services are collectively referred to in these Terms as the “Services”. You also understand and agree that the Services may include certain communications from ApesRT and others with whom we work, such as service announcements, promotional marketing, contests, giveaways and administrative messages. In the event you would like to opt-out of these communications you may do so at any time but understand that by doing so ApesRT will not continue to provide any of the aforementioned free services.
2. IMPORTANT DISCLAIMER ABOUT ApesRT AND ITS SERVICES – YOUR RESULTS WILL VARY AND THERE ARE SIGNIFICANT FINANCIAL RISKS
ApesRT is a entertainment-focused financial publisher that disseminates information about economic, business, and capital markets issues through various media. ApesRT is not an investment advisory service, a registered investment advisor, broker-dealer, or any other type of business subject to regulation by the Securities and Exchange Commission, the Commodities Futures Trading Commission, or state securities regulators, or any “self-regulatory organization” (such as FINRA). WE DO NOT PURPORT TO TELL OR SUGGEST WHICH SECURITIES OR CURRENCIES CUSTOMERS SHOULD BUY OR SELL THEMSELVES, WE DO NOT MAKE TRADES FOR YOU AND ARE NOT A TRADING PLATFORM. Please do not sign up for or purchase our Services if this is what you are seeking.
Although ApesRT strives to provide accurate and reliable information from sources that it believes to be reliable, ApesRT makes no guarantees as to the accuracy, completeness, timeliness, or correctness of any such information. ApesRT makes no guarantee or promise of any kind, express or implied, that anyone will profit from or avoid losses from using information disseminated through ApesRT. Nor is there any guarantee that you will earn back all, or even a portion, of what you pay to purchase any of our Premium Services.
All investments are subject to risk of loss, which you should consider in making any investment decisions. By agreeing to these Terms, you are agreeing to the risks involved in trading stock, options, and future markets and are also acknowledging that you, and not ApesRT, are solely responsible for any losses, financial or otherwise, as a result of using the Services. ApesRT shall, under no circumstances, be liable for any lost investment of money, lost profits, or lost opportunities. You should consult with a financial advisor, attorney, accountant or other qualified professional prior to making any investment decision. Before placing any trade, you should consult with a licensed broker or registered investment advisor as well as read The Characteristics and Risks of Standardized Options, which is available here: https://www.theocc.com/Company-Information/Documents-and-Archives/Options-Disclosure-Document
The risk of loss in trading options, crypto currencies, futures, and all financial and non-financial assets can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. The high degree of leverage that is often obtainable in options trading may benefit you as well as conversely lead to large losses beyond your initial investment. Past results are not indicative of future results. Specifically, past results of any individual trader or trading system published by ApesRT are not indicative of future returns by that trader or system and are not indicative of future returns which may be realized by you. No representation is being made that you will or likely are to achieve profits similar to those shown.
The content and programs that ApesRT distributes and provides, both free and paid, are for informational and educational purposes. No one should consider the information disseminated by ApesRT to be personalized investment advice, a recommendation to buy, sell or hold any investment, an offer (or a solicitation of an offer) to buy or sell any investment, or the provision of any other kind of advice that would require ApesRT to register as a broker-dealer, investment adviser or similar entity. No one associated with ApesRT is authorized to make any representation to the contrary.
It should not be assumed that the methods, techniques, or indicators presented in the Services or the Website will be profitable or that they will not result in losses. In addition, the indicators, strategies, columns, articles and all other features of ApesRT are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on ApesRT’s Website are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the information provided through the Services in making any investment. Rather, you should use such information only as a starting point for doing additional independent research to allow you to form your own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
ApesRT provides information that viewers of its programs may consider in making their own investment decisions. However, you will be responsible for considering such information carefully and evaluating how it might relate to your own decision to buy, sell or hold any investment. Such decisions must be based on your individual and independent evaluation of your financial circumstances, investment objectives, risk tolerance, liquidity needs, family commitments and other factors, not in reliance on any information obtained from ApesRT.
Statements by any person (whether identified as associated with ApesRT or any other entity) represent the opinions of that person only and do not necessarily reflect the opinions of ApesRT or any other person associated with ApesRT.
It is possible that any individual providing information or expressing an opinion on any ApesRT program may hold an investment position (or may be contemplating holding an investment position) that is inconsistent with the information provided or the opinion being expressed. This may reflect the financial or other circumstances of the individual or it may reflect some other consideration. Additionally, the independent contractors and employees or affiliates of ApesRT may hold positions in the stocks, currencies or industries discussed on the Website or in the Services. You should take this into account when evaluating the information provided or the opinion being expressed.
In addition, hypothetical performance results have many inherent limitations, some of which are described here. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading, including the ability to withstand losses. Finally, past performance is in no way indicative of future results.
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS (ALSO KNOWN AS “PAPER OR VIRTUAL TRADING”) IN THE MODEL PORTFOLIOS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING AND MAY NOT BE IMPACTED BY BROKERAGE AND OTHER SLIPPAGE FEES. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED WITH CAPITAL, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
3. WEBSITE USE
The Website is intended for use by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
4. WEBSITE USER CONDUCT AND RESTRICTIONS
All aspects of our Website and Services are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The ApesRT trademark and logo are proprietary marks of ApesRT, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, copyrighted material, trademark, trade name, patent, trade dress, trade secret, or confidential information owned by ApesRT.
Subject to your continued strict compliance with all Terms, ApesRT provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Website or Services in any unlawful manner or a manner harmful to ApesRT. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or the Services.
6. INFORMATION YOU PROVIDE, REGISTRATION AND PASSWORDS
In order to gain access to portions of the Services, you must become a member by choosing a unique user name and supplying us with true, accurate, current and complete information about yourself, as required on the registration page. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of any password you may use to access your ApesRT user account, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to your user account, to any third party.
We may refuse to grant you a username and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by ApesRT in its sole discretion.
You are fully responsible for all transactions with, and information conveyed to, ApesRT under your user account. You agree to immediately notify ApesRT of any unauthorized use of your password or username or any other breach of security related to your user account by e-mailing us at firstname.lastname@example.org. You agree that ApesRT is not liable, and you will hold ApesRT harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 14 below for additional information.
7. Interactive Communities RULES AND DISCLAIMERS
In order to participate in any of the Interactive Communities, you agree to: (1) create only one (1) account, which you may not share with anyone else; (2) provide accurate, truthful, current and complete information when creating your account; (3) maintain and promptly update your account information; (4) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (5) promptly notify ApesRT if you discover or otherwise suspect any security breaches relating to the Interactive Communities or ApesRT Website; and (6) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. The Interactive Communities is an English language online chat forum and multi-media service. The Interactive Communities is governed by United States law. The topics and discussion are intended for use by persons in the United States.
If ApesRT suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms, your account may be subject to suspension or termination, and you may be barred from using the ApesRT Website or participating in the Interactive Communities.
Your invitation to participate in the Interactive Communities is personal and non-transferable. If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights, and you hereby release ApesRT from any and all liability that may arise in connection with your participation in the Interactive Communities. You may have only one screen name, which is subject to ApesRT’s approval in ApesRT’s sole and exclusive discretion. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your screen name. You will notify ApesRT if your member name or password has been lost, stolen, or used by another person. If you become aware of any unauthorized use of your password or of your account, you agree to notify ApesRT immediately at email@example.com. Even though the Interactive Communities is only open to authorized members, it should not be deemed a confidential Interactive Communities. Therefore, do not post or otherwise make available anything you would not want others to see in public. Also note that other members of the Interactive Communities can follow, communicate or connect with you once you start participating in the Interactive Communities, so your profile and what you say and what you post will be disclosed to others and we have no control over how other participants in the Interactive Communities will use the information you post or otherwise make available to the Interactive Communities.
POSTINGS ON THE Interactive Communities
Due to the interactive nature of postings on the Interactive Communities portion of the ApesRT Website, we are unable to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by users, and any text, data, files, avatars, designs, contest submissions, photographs, images, likenesses, video, music, sound, voice recordings, chat, messages, files, biographical information or other material posted (all of which are referred to as “Postings”) are not endorsed by ApesRT, and we make no guarantee regarding the reliability, accuracy, or quality of any Posting. Your Posting may be available for all other users to view and download. ApesRT prohibits any postings that are hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole and exclusive discretion.
All positions that are displayed in the “trader display cards” on the Interactive Communities are updated in real-time and shown as “Long”, “Short” or “Flat”.
You acknowledge that you will evaluate and bear any risks related to your use of any Posting, including any reliance on the accuracy, completeness, or usefulness of such Posting. All Postings to the Interactive Communities are the sole responsibility of the person who originally posted the Posting, and your sole recourse for any damage you may suffer as a result of Postings shall be from and against such individual. ApesRT expressly disclaims any and all liability in connection with Postings.
You shall be solely responsible for your own Postings and the consequences of posting or publishing them. You acknowledge that the Internet may be subject to breaches of security and you are aware that submissions of Postings or other information may not be secure, and you should consider this before submitting any information to ApesRT or the Interactive Communities and/or the ApesRT Website. You also understand and agree that you: (1) own the rights to the Postings you submit and grant all rights and licenses to the Postings on the terms provided herein; or (2) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant ApesRT all rights and licenses to the Postings on the terms provided herein. Upon ApesRT’s request, you will furnish ApesRT any documentation, substantiation or releases necessary to verify your compliance with these Terms.
By submitting the Postings to the Interactive Communities, you hereby grant ApesRT a worldwide, irrevocable, non-exclusive, perpetual, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the Postings in connection with the Interactive Communities and/or ApesRT Website and ApesRT’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Interactive Communities and/or ApesRT Website (and derivative works thereof) in any media now known or hereafter developed, and may grant additional ownership or other rights as set forth in additional rules or other documents that govern certain aspects of your use of the Interactive Communities and/or ApesRT Website. You authorize ApesRT to publish your Postings in a searchable format that may be accessed by users of the Interactive Communities and/or ApesRT Website. Except as prohibited by law, you waive any moral rights you may have in any Posting you submit, even if such Posting is altered or changed in a manner not agreeable to you.
You further perpetually and irrevocably grant ApesRT the unconditional right to use, disseminate and display your name, persona and likeness included in any Posting and in connection with any Posting without any obligation or payment to you.
You agree that ApesRT has no obligation to monitor or enforce your intellectual property rights to your Postings but has the right to protect and enforce its rights to use your Postings. You further acknowledge and agree that ApesRT will not have any obligation to you with regard to Postings and that ApesRT may or may not monitor, display or accept your Postings and may delete them at any time, and you may have no right to access or control any Postings that you provide once you provide it.
MONITORING AND ENFORCEMENT
You are solely responsible for your interaction with other users of the ApesRT Website, whether online or offline. We are not responsible or liable for the conduct of any user. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities. You further acknowledge that abiding by the Terms means that you must interact civilly, without provocation, profanity, insult, etc. toward all fellow users and ApesRT contributors, staff, and other affiliates. You are expressly prohibited from advertising or marketing any product or service over or through the Interactive Communities.
ApesRT reserves the right, but has no obligation, to monitor any and all use of, and information transmitted or received through, the ApesRT Website. ApesRT, in its sole discretion and without further notice to you, may review, censor or prohibit any activities that ApesRT determines violates any term or condition of these Terms, including by revoking user ability to post comments in the chat or fully revoking access without refund.
All of ApesRT’s Interactive Communities are monitored and recorded, including audio, video and chat transcripts. ApesRT may record and monitor any telephone or electronic communication for quality assurance purposes.
ApesRT does not pre-screen, verify or edit Postings in the Interactive Communities. However, ApesRT and its agents reserve the right to investigate any violation of these Terms and to take such remedial action as it deems appropriate. ApesRT has the sole discretion to enforce these Terms, including, but not limited to warning users of violations, disabling or suspending privileges and access, deleting, screening or editing any content or prohibiting any behavior that does not comply with these Terms. If ApesRT decides it is necessary to remove any content, ApesRT may remove the entire thread and any accompanying material.
7. CONTENT IS FOR INFORMATIONAL PURPOSES; NOT INVESTMENT ADVICE
The information shared by Interactive Communities members is for informational purposes ONLY. Such information is not meant to be financial or investment advice of any kind. The results described in Interactive Communities member testimonials are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results. Please review Section 2 above again for more information about the significant financial risks involved in investing.
8. INTERACTIVE FEATURES AND RULES
This Website may include a variety of features, such as bulletin boards, web logs, chat rooms, email services, and the Interactive Communities (“Interactive Communities”), which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Website, or sent via any email services on the Website, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Website. It is a condition of your use of the Website that you do not:
- (i) Restrict or inhibit any other user from using and enjoying the Website, including but not limited to bullying or hate speech;
- (ii) Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (iii) Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;
- (iv) Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
- (v) Gain unauthorized access to the Website, or any account, computer system, or network connected to this Website, by means such as hacking, password mining or other illicit means;
- (vi) Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website;
- (vii) Use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- (viii) Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
- (ix) Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component;
- (x) Use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
- (xi) Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval; and/or
- (xii) GATHER FOR MARKETING PURPOSES ANY EMAIL ADDRESSES OR OTHER PERSONAL INFORMATION THAT HAS BEEN POSTED BY OTHER USERS OF THE WEBSITE.
Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums. ApesRT or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by ApesRT’s staff, ApesRT’s outside contributors, or by users not connected with ApesRT, some of whom may employ anonymous usernames. ApesRT expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of ApesRT or any of its subsidiaries or affiliates.
ApesRT has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Websites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole and exclusive discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
9. TESTIMONIALS AND REVIEWS
ApesRT is pleased to hear from users and customers and welcomes your comments regarding our Services and products. ApesRT may use testimonials and/or product reviews in whole or in part together with the name, city, and state and, as may be applicable, country, of the person submitting it. Testimonials may be used for any form of activity relating to ApesRT’s services or products, in printed and online media, as ApesRT determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 2, your results will vary depending upon a variety of factors unique to you and market forces beyond ApesRT’s control.
NEITHER APESRT NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN TESTIMONIALS ON THE WEBSITE.
Anything that you submit or post to the Website, provide us, and/or post in any social media, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions.
Additionally, ApesRT reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. ApesRT shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
10. DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE , SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. LIMITATIONS OF LIABILITIES
IN NO EVENT SHALL APESRT’S LIABILITY TO YOU EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO APESRT FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST APESRT OCCURRED OR ONE-THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.
12. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of New York without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and ApesRT agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and ApesRT expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with ApesRT, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
Notwithstanding anything to the contrary in the foregoing Section 13, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in New York, New York on a class basis, and (c) any claims other than for public injunctive relief under the aforementioned California statutes must be arbitrated on an individual, non-class basis as otherwise set forth in this Section 13.
13. ApesRT’S ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to ApesRT, in the event of any breach or threatened breach by you of the provisions of this Agreement, or any infringement or threatened infringement by you of the intellectual property of ApesRT or a third-party, ApesRT shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in New York, New York restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting ApesRT from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of New York, New York for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
15. NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send ApesRT a notice requesting that ApesRT remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send ApesRT a counter-notice. Notices and counter-notices should be sent by e-mail to ApesRT’s Copyright Agent at firstname.lastname@example.org with the subject line “DMCA Notice” or “DMCA Counter-Notice”, and the e-mail must include all information and affirmations required by the Digital Millennium Copyright Act.
16. THIRD-PARTY LINKS
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that ApesRT shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so.
This Agreement will take effect (or shall re-take effect) at the time you click “COMPLETE PURCHASE”, “BUY NOW!,” “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 2, 7, 9, 10 through 14, and 18 through 26 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with ApesRT.
Upon termination, you remain responsible for any outstanding payments to ApesRT.
18. NO WAIVER
No failure or delay on the part of ApesRT in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by ApesRT.
19. GOVERNING LAW AND VENUE
20. FORCE MAJEURE
ApesRT will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
ApesRT may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without ApesRT’s (or its assigns’) express written consent.
22. ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with ApesRT through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
23. CHANGES TO THE AGREEMENT
24. YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not re-sell, re-distribute, or export any Service or product that you order from the Website. You further represent that ApesRT has the right to rely upon all information provided to ApesRT by you, and ApesRT may contact you by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
Except as provided in Section 13 above with respect to the class action waiver, if any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
26. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and ApesRT and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any Service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and ApesRT. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
27. CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to email@example.com.
If you have any questions or inquiries concerning any of the Terms, you may contact ApesRT by e-mail at firstname.lastname@example.org.
Notices to you may be made by posting a notice (or a link to a notice) on https://www.apesrt.com/terms-of-use/ or by e-mail.
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