TERMS OF SERVICE
Welcome, and thank you for your interest in Apt Crowd, LLC (“Apt Crowd”, “we”,
or “us”) and our website at powerindustrymarketplace.com (the “Site”),
along with our related websites, networks, applications, mobile
applications, and other services provided by us (collectively, the “Service”).
These Terms of Service are a legally binding contract between you (“you” or “User”)
and Apt Crowd regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE
SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A
CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE
FOLLOWING TERMS AND CONDITIONS, INCLUDING APT CROWD’S PRIVACY
POLICY (TOGETHER, THESE “TERMS”).
IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO
NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE,
AND APT CROWD’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN
AGREEMENT BY APT CROWD AND BY YOU TO BE BOUND BY THESE TERMS.
- Power Industry Marketplace Service Overview.
The
Site is an online platform for professionals to find power generation
equipment and related services. The Site and related Service are
provided and curated by Apt Crowd. Apt Crowd has no affiliation to
original equipment manufacturers of any products that may be
discussed or depicted on the Site.
- Eligibility.
You
must be at least 18 years old to use the Service. By agreeing to
these Terms, you represent and warrant to us that: (a) you are at
least 18 years old; (b) you have not previously been suspended or
removed from the Service; and (c) your registration and your use of
the Service is in compliance with any and all applicable laws and
regulations. If you are an entity, organization, or company, the
individual accepting these Terms on your behalf represents and
warrants that they have authority to bind you to these Terms and you
agree to be bound by these Terms.
- Accounts and Registration.
To
access most features of the Service, you must register for an
account. When you register for an account, you may be required to
provide us with some information about yourself, such as your name,
email address, phone number, or other contact information. It is a
condition of your use of the Service that all the information you
provide will be correct, current, and complete. If Apt Crowd believes
the information, you provide is not correct, current, or complete,
Apt Crowd has the right to deny access to the Service, or to any of
its resources, and to terminate or suspend your access at any time.
When
you register, you will be asked to provide a password. You are solely
responsible for maintaining the confidentiality of your account and
password, and you accept responsibility for all activities that occur
under your account. If you believe that your account is no longer
secure, then you must immediately notify us at
info@powerindustrymarketplace.com.
- General Payment Terms.
Certain
features of the Service may require you to pay fees. Before you pay
any fees, you will have an opportunity to review and accept the fees
that you will be charged. All fees are in U.S. Dollars and are
non-refundable.
- Price.
Apt Crowd reserves the right to determine pricing for the Service and optional features of the Service.
Apt Crowd will make reasonable efforts to keep pricing information
published on the website up to date. We encourage you to check our
website periodically for current pricing information. Apt Crowd may
change the fees for any feature of the Service, including
additional fees or charges, if Apt Crowd gives you advance notice
of changes before, they apply. Apt Crowd, at its sole discretion,
may make promotional offers with different features and different
pricing to any of Apt Crowd’s customers. These promotional
offers, unless made to you, will not apply to your offer or these
Terms.
- Authorization.
You authorize Apt Crowd to charge all sums for the orders that you
make and any level of Service you select as described in these
Terms or published by Apt Crowd, including all applicable taxes, to
the payment method specified in your account. If you pay any fees
with a credit card, Apt Crowd may seek pre-authorization of your
credit card account prior to your purchase to verify that the
credit card is valid and has the necessary funds or credit
available to cover your purchase.
- Subscription Service.
The Service may include automatically recurring payments for
periodic charges (“Subscription Service”).
If you activate a Subscription Service, you authorize Apt Crowd to
periodically charge, on a going-forward basis and until
cancellation of either the recurring payments or your account, all
accrued sums on or before the payment due date for the accrued
sums. The “Subscription Billing Date”
is the date when you purchase your first subscription to the
Service. For information on the “Subscription Fee”, please see our pricing page.
Your account will be charged automatically on the Subscription
Billing Date all applicable fees and taxes for the next
subscription period. The subscription will continue unless and
until you cancel your subscription, or we terminate it. You must
cancel your subscription before it renews in order to avoid billing
of the next periodic Subscription Fee to your account. Apt Crowd
will bill the periodic Subscription Fee to the payment method you
provide to us during registration (or to a different payment method
if you change your payment information). You may cancel the
Subscription Service by contacting us at:
info@powerindustrymarketplace.com.
- Syndicated Service Products. The Service may offer optional add-on service products that
integrate with third-party sites or publications ("Syndicated Service Product") for an agreed Term.
The reliability and access to these sites and publications are outside Apt Crowd's control. In the event
that access is removed or otherwise unavailable prior to completion the product's Term, Apt Crowd will
attempt to work with the third party to restore access. If access cannot be restored, Apt Crowd may, at
Apt Crowd's sole discretion, offer a reasonable replacement. REFUNDS WILL NOT BE ISSUED FOR SYNDICATED
SERVICE PRODUCTS.
- Delinquent Accounts.
Apt Crowd may suspend or terminate access to the Service, including
fee-based portions of the Service, for any account for which any
amount is due but unpaid. In addition to the amount due for the
Service, a delinquent account will be charged with fees or charges
that are incidental to any chargeback or collection of any the
unpaid amount, including collection fees.
- Licenses.
- Limited License.
Subject to your complete and ongoing compliance with these Terms,
Apt Crowd grants you, solely for your personal use, a limited,
non-exclusive, non-transferable, non-sublicensable, revocable
license to: (a) install and use one object code copy of any mobile
application associated with the Service obtained from a legitimate
marketplace (whether installed by you or pre-installed on your
mobile device by the device manufacturer) on a mobile device that
you own or control; and (b) access and use the Service.
- License Restrictions.
Except and solely to the extent such a restriction is impermissible
under applicable law, you may not: (a) reproduce, distribute,
publicly display, or publicly perform the Service; (b) make
modifications to the Service; or (c) interfere with or circumvent
any feature of the Service, including any security or access
control mechanism. If you are prohibited under applicable law from
using the Service, you may not use it.
- Feedback.
If you choose to provide input and suggestions regarding problems
with or proposed modifications or improvements to the Service
(“Feedback”), then you hereby grant Apt Crowd an unrestricted,
perpetual, irrevocable, non-exclusive, fully-paid, royalty-free
right to exploit the Feedback in any manner and for any purpose,
including to improve the Service and create other products and
services.
- Ownership; Proprietary Rights.
The Service is owned and operated by Apt Crowd. The visual interfaces,
graphics, design, compilation, information, data, computer code
(including source code or object code), products, software, services,
and all other elements of the Service (“Materials”)
provided by Apt Crowd are protected by intellectual property and
other laws. All Materials included in the Service are the property
of Apt Crowd or its third party licensors. Except as expressly
authorized by Apt Crowd, you may not make use of the Materials. Apt
Crowd reserves all rights to the Materials not granted expressly in
these Terms.
- Third Party Terms.
- Third Party Services and Linked Websites.
Apt Crowd may provide tools through the Service that enable you to
export information, including User Content, to third party
services. By using one of these tools, you agree that Apt Crowd may
transfer that information to the applicable third party service.
Third party services are not under Apt Crowd’s control, and, to
the fullest extent permitted by law, Apt Crowd is not responsible
for any third party service’s use of your exported information.
The Service may also contain links to third party websites. Linked
websites are not under Apt Crowd’s control, and Apt Crowd is not
responsible for their content.
- Third Party Software.
The Service may include or incorporate third party software
components that are generally available free of charge under
licenses granting recipients broad rights to copy, modify, and
distribute those components (“Third Party Components”).
Although the Service is provided to you subject to these Terms,
nothing in these Terms prevents, restricts, or is intended to
prevent or restrict you from obtaining Third Party Components under
the applicable third party licenses or to limit your use of Third
Party Components under those third party licenses.
- User Content and Data.
- User Content Generally.
Certain features of the Service may permit users to upload content
to the Service, including messages, reviews, photos, video, images,
and other types of works (“User Content”)
and to publish User Content on the Service. You retain any
copyright and other proprietary rights that you may hold in the
User Content that you post to the Service.
- Limited License Grant to Apt Crowd.
By providing User Content to or via the Service, you grant Apt
Crowd a worldwide, non-exclusive, royalty-free, fully paid right
and license (with the right to sublicense) to host, store,
transfer, display, perform, reproduce, modify for the purpose of
formatting for display, and distribute your User Content, in whole
or in part, in any media formats and through any media channels now
known or hereafter developed.
- Limited License Grant to Other Users.
By providing User Content to or via the Service to other users of
the Service, you grant those users a non-exclusive license to
access and use that User Content as permitted by these Terms and
the functionality of the Service.
- User Content Representations and Warranties.
Apt Crowd disclaims any and all liability in connection with User
Content. You are solely responsible for your User Content and the
consequences of providing User Content via the Service. By
providing User Content via the Service, you affirm, represent, and
warrant that:
- you are the creator and owner of the User Content, or have the
necessary licenses, rights, consents, and permissions to authorize
Apt Crowd and users of the Service to use and distribute your User
Content as necessary to exercise the licenses granted by you in
this Section, in the manner contemplated by Apt Crowd, the
Service, and these Terms;
- your User Content, and the use of your User Content as contemplated by
these Terms, does not and will not: (i) infringe, violate, or
misappropriate any third party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right
of publicity, or any other intellectual property or proprietary
right; (ii) slander, defame, libel, or invade the right of
privacy, publicity or other property rights of any other person;
or (iii) cause Apt Crowd to violate any law or regulation; and
- your User Content could not be deemed by a reasonable person to be
objectionable, profane, indecent, pornographic, harassing,
threatening, embarrassing, hateful, or otherwise inappropriate.
- User Content Disclaimer.
We are under no obligation to edit or control User Content that you
or other users post or publish and will not be in any way
responsible or liable for User Content. Apt Crowd may, however, at
any time and without prior notice, screen, remove, edit, or block
any User Content that in our sole judgment violates these Terms or
is otherwise objectionable. You understand that when using the
Service, you will be exposed to User Content from a variety of
sources and acknowledge that User Content may be inaccurate,
offensive, indecent, or objectionable. You agree to waive, and do
waive, any legal or equitable right or remedy you have or may have
against Apt Crowd with respect to User Content. If notified by a
user or content owner that User Content allegedly does not conform
to these Terms, we may investigate the allegation and determine in
our sole discretion whether to remove the User Content, which we
reserve the right to do at any time and without notice. For
clarity, Apt Crowd does not permit copyright-infringing activities
on the Service.
Ownership of User Data; License to Use User Data. You,
or your employer (as the case may be) are and will remain the sole
and exclusive owner of all right, title and interest in and to data
and other content, in any form or medium, that is (i) provided to
us by you; (ii) collected, downloaded or otherwise received,
directly or indirectly from you by or through your use of the Site;
or (iii) that incorporates or is derived from the processing of
such information, data or content by or through the Site
(collectively “User Data”),
including all intellectual property rights relating thereto,
subject to the rights and permissions granted hereunder.
You hereby unconditionally and irrevocably grant all such rights and
permissions in or relating to User Data to us and our subcontractors,
as applicable, as is necessary or useful to effectively administer
the Site, to improve the Site, to index resources and enhance user
experience, for our internal business operations, to enforce this
Agreement and to exercise our rights under these Terms of Use.
- Monitoring Content. Apt Crowd does not control and does not have any obligation to monitor:
(a) User Content; (b) any content made available by third parties;
or (c) the use of the Service by its users. You acknowledge and
agree that Apt Crowd reserves the right to, and may from time to
time, monitor any and all information transmitted or received
through the Service for operational and other purposes. If at any
time Apt Crowd chooses to monitor the content, Apt Crowd still
assumes no responsibility or liability for content, or any loss or
damage incurred as a result of the use of content. During
monitoring, information may be examined, recorded, copied, and used
in accordance with our Privacy Policy.
- Hyperlinking.
This Site may be hyperlinked to and by other websites which are not
maintained by, or related to, Company. Hyperlinks to such sites are
provided as a service to Users and are not sponsored by, endorsed,
or otherwise affiliated with this Site or Apt Crowd. Apt Crowd has
not reviewed any or all of such sites and is not responsible for the
content of any linking sites, and any links made directly from an
Apt Crowd platform to another platform or web page should be
accessed at the user's own risk. Apt Crowd makes no representations
or warranties about the content, completeness, quality, or accuracy
of any such website, and as such, shall not be liable in connection
with any loss, damage, cost, or injury associated with any access
thereto via this Site.
- Communications.
- Push Notifications.
When you install our app on your mobile device, you agree to
receive push notifications, which are messages an app sends you on
your mobile device when the app is not on. You can turn off
notifications by visiting your mobile device’s “settings”
page.
- Email.
We may send you emails concerning our products and services, as
well as those of third parties. You may opt out of promotional
emails by following the unsubscribe instructions in the promotional
email itself.
- Prohibited Conduct.
BY USING THE SERVICE, YOU AGREE NOT TO:
- use the Service for any illegal purpose or in violation of any local,
state, national, or international law;
- harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
- violate,
or encourage others to violate, any right of a third party,
including by infringing or misappropriating any third party
intellectual property right;
- interfere with security-related features of the Service, including by: (i)
disabling or circumventing features that prevent or limit use or
copying of any content; or (ii) reverse engineering or otherwise
attempting to discover the source code of any portion of the
Service except to the extent that the activity is expressly
permitted by applicable law;
- interfere
with the operation of the Service or any user’s enjoyment of the
Service, including by: (i) uploading or otherwise disseminating any
virus, adware, spyware, worm, or other malicious code; (ii) making
any unsolicited offer or advertisement to another user of the
Service; (iii) collecting personal information about another user
or third party without consent; or (iv) interfering with or
disrupting any network, equipment, or server connected to or used
to provide the Service;
- perform any fraudulent activity including impersonating any person or
entity, claiming a false affiliation, accessing any other Service
account without permission;
- sell or otherwise transfer the access granted under these Terms or any
Materials (as defined in Section 6)
or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section 11
or assist or permit any person in engaging in any of the acts
described in this Section 11
- Digital Millennium Copyright Act.
We comply with the provisions of the Digital Millennium Copyright Act
applicable to Internet service providers (17 U.S.C. §512, as
amended). If you have an intellectual property rights-related
complaint about material posted on the Service, you may contact our
Designated Agent at the following address:
If to Apt Crowd:
Stock Legal, LLC
C/O: Apt Crowd LLC, Chad Boschert
Address: 4512 W Pine Blvd, St. Louis, MO 63108
Email: dmca@aptcrowd.co
Any notice alleging that materials hosted by or distributed through the
Service infringe intellectual property rights must include the
following information:
- an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property
that you claim has been infringed;
- a description of the material that you claim is infringing and
where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use
of the materials on the Service of which you are complaining is not
authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is
accurate and that, under penalty of perjury, you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner’s behalf.
- Repeat Infringers. Apt Crowd will promptly terminate the accounts of users that are
determined by Apt Crowd to be repeat infringers.
- Modification of these Terms.
We reserve the right to change these Terms on a going-forward basis at
any time. Please check these Terms periodically for changes. If a
change to these Terms materially modifies your rights or obligations,
we may require that you accept the modified Terms in order to
continue to use the Service. Material modifications are effective
upon your acceptance of the modified Terms. Immaterial modifications
are effective upon publication. Except as expressly permitted in this
Section 13, these Terms may be amended only by a written agreement signed by
authorized representatives of the parties to these Terms. Disputes
arising under these Terms will be resolved in accordance with the
version of these Terms that was in effect at the time the dispute
arose.
- Term, Termination and Modification of the Service.
- Term. These Terms are effective beginning when you accept the Terms or
first download, install, access, or use the Service, and ending
when terminated as described in Section 14.2.
- Termination.
If you violate any provision of these Terms, your authorization to
access the Service and these Terms automatically terminate. In
addition, Apt Crowd may, at its sole discretion, terminate these
Terms or your account on the Service, or suspend or terminate your
access to the Service, at any time for any reason or no reason,
with or without notice. You may terminate your account and these
Terms at any time by contacting customer service at
info@powerindustrymarketplace.com.
- Effect of Termination.
Upon termination of these Terms: (a) your license rights will
terminate, and you must immediately cease all use of the Service;
(b) you will no longer be authorized to access your account or the
Service; (c) you must pay Apt Crowd any unpaid amount that was due
prior to termination; and (d) all payment obligations accrued prior
to termination and Sections 5.3, 6, 14.3, 15, 16, 17, 18, and
19 will survive.
- Modification of the Service.
Apt Crowd reserves the right to modify or discontinue the Service
at any time (including by limiting or discontinuing certain
features of the Service), temporarily or permanently, without
notice to you. Apt Crowd will have no liability for any change to
the Service or any suspension or termination of your access to or
use of the Service.
- Indemnity.
To the fullest extent permitted by law, you are responsible for your use
of the Service, and you will defend and indemnify Apt Crowd and its
officers, directors, employees, consultants, affiliates, subsidiaries
and agents (together, the “Apt Crowd Entities”) from and against
every claim brought by a third party, and any related liability,
damage, loss, and expense, including reasonable attorneys’ fees and
costs, arising out of or connected with: (a) your unauthorized use
of, or misuse of, the Service; (b) your violation of any portion of
these Terms, any representation, warranty, or agreement referenced in
these Terms, or any applicable law or regulation; (c) your violation
of any third party right, including any intellectual property right
or publicity, confidentiality, other property, or privacy right; or
(d) any dispute or issue between you and any third party. We reserve
the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you
(without limiting your indemnification obligations with respect to
that matter), and in that case, you agree to cooperate with our
defense of those claims.
- Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE
ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. APT
CROWD DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT
AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF
COURSE OF DEALING, USAGE, OR TRADE. APT CROWD DOES NOT WARRANT THAT
THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR
CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE,
OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND APT
CROWD DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
YOU
UNDERSTAND THAT APT CROWD CANNOT AND DOES NOT GUARANTEE OR WARRANT
THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF
VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY CAUSE DAMAGE OR
HARM TO YOUR COMPUTER(S) OR NETWORK(S). YOU ACKNOWLEDGE THAT YOU
WILL BE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND
CHECKPOINTS TO PROTECT YOUR COMPUTER(S) AND NETWORK(S), AND THAT YOU
WILL MAINTAIN ADEQUATE MEANS OF BACKUP OF YOUR PERSONAL DATA,
EXTERNAL TO THIS SITE. APT CROWD FURTHER DISCLAIMS ANY RESPONSIBILITY
TO ENSURE THAT THE CONTENT LOCATED ON ITS SITE IS NECESSARILY
COMPLETE AND UP-TO-DATE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
THE SERVICE OR APT CROWD ENTITIES OR ANY MATERIALS OR CONTENT
AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY
OF THE APT CROWD ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED
IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT
FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU
UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR
OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY
DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE
DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA,
INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
IN THIS SECTION 16 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. APT CROWD DOES NOT
DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT APT CROWD IS PROHIBITED
FROM DISCLAIMING UNDER APPLICABLE LAW.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE APT CROWD
ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF
PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR
RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR
USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY APT CROWD ENTITY HAS
BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 18.4
AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY
OF THE APT CROWD ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR
RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE
SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID
TO APT CROWD FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12)
MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR
(B) $100.00.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND
DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS
ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND
INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS
IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Dispute Resolution and Arbitration.
In the interest of resolving disputes between you and Apt Crowd in the
most expedient and cost-effective manner, and except as described in
Section 18.2, you and Apt Crowd agree that every dispute arising in
connection with these Terms will be resolved by binding arbitration.
Arbitration is less formal than a lawsuit in court. Arbitration uses
a neutral arbitrator instead of a judge or jury, may allow for more
limited discovery than in court, and can be subject to very limited
review by courts. Arbitrators can award the same damages and relief
that a court can award. This agreement to arbitrate disputes
includes all claims arising out of or relating to any aspect of
these Terms, whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and regardless of
whether a claim arises during or after the termination of these
Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND APT
CROWD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Despite the provisions of Section 18.1,
nothing in these Terms will be deemed to waive, preclude, or
otherwise limit the right of either party to: (a) bring an
individual action in small claims court; (b) pursue an enforcement
action through the applicable federal, state, or local agency if
that action is available; (c) seek injunctive relief in a court of
law in aid of arbitration; or (d) to file suit in a court of law to
address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Apt Crowd will be settled under the
Federal Arbitration Act and administered by the American
Arbitration Association (“AAA”) under its Consumer Arbitration
Rules (collectively, “AAA Rules”) as modified by these Terms.
The AAA Rules and filing forms are available online at www.adr.org,
by calling the AAA at 1-800-778-7879, or by contacting Apt Crowd.
The arbitrator has exclusive authority to resolve any dispute
relating to the interpretation, applicability, or enforceability of
this binding arbitration agreement.
- Notice of Arbitration; Process. A
party who intends to seek arbitration must first send a written
notice of the dispute to the other party by certified U.S. Mail or
by Federal Express (signature required) or, only if that other
party has not provided a current physical address, then by
electronic mail (“Notice of Arbitration”). Apt Crowd’s
address for Notice is: Apt Crowd, LLC PO Box 3853 Springfield, MO
65808. The Notice of Arbitration must: (a) describe the nature and
basis of the claim or dispute; and (b) set forth the specific
relief sought (“Demand”). The parties will make good faith
efforts to resolve the claim directly, but if the parties do not
reach an agreement to do so within 30 days after the Notice of
Arbitration is received, you or Apt Crowd may commence an
arbitration proceeding. All arbitration proceedings between the
parties will be confidential unless otherwise agreed by the parties
in writing. During the arbitration, the amount of any settlement
offer made by you, or Apt Crowd must not be disclosed to the
arbitrator until after the arbitrator makes a final decision and
award, if any. If the arbitrator awards you an amount higher than
the last written settlement amount offered by Apt Crowd in
settlement of the dispute prior to the award, Apt Crowd will pay to
you the higher of: (i) the amount awarded by the arbitrator; or
(ii) $10,000.
- Fees. If you commence arbitration in accordance with these Terms, Apt
Crowd will reimburse you for your payment of the filing fee, unless
your claim is for more than $10,000, in which case the payment of
any fees will be decided by the AAA Rules. Any arbitration hearing
will take place at a location to be agreed upon in Greene County,
Missouri, but if the claim is for $10,000 or less, you may choose
whether the arbitration will be conducted: (a) solely on the basis
of documents submitted to the arbitrator; (b) through a
non-appearance based telephone hearing; or (c) by an in-person
hearing as established by the AAA Rules in the county (or parish)
of your billing address. If the arbitrator finds that either the
substance of your claim or the relief sought in the Demand is
frivolous or brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)), then
the payment of all fees will be governed by the AAA Rules. In that
case, you agree to reimburse Apt Crowd for all monies previously
disbursed by it that are otherwise your obligation to pay under the
AAA Rules. Regardless of the manner in which the arbitration is
conducted, the arbitrator must issue a reasoned written decision
sufficient to explain the essential findings and conclusions on
which the decision and award, if any, are based. The arbitrator may
make rulings and resolve disputes as to the payment and
reimbursement of fees or expenses at any time during the proceeding
and upon request from either party made within 14 days of the
arbitrator’s ruling on the merits.
- No Class Actions.
YOU AND APT CROWD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and Apt Crowd agree otherwise,
the arbitrator may not consolidate more than one person’s claims,
and may not otherwise preside over any form of a representative or
class proceeding.
- Modifications to this Arbitration Provision.
If Apt Crowd makes any future change to this arbitration provision,
other than a change to Apt Crowd’s address for Notice of
Arbitration, you may reject the change by sending us written notice
within 30 days of the change to Apt Crowd’s address for Notice of
Arbitration, in which case your account with Apt Crowd will be
immediately terminated and this arbitration provision, as in effect
immediately prior to the changes you rejected will survive.
- Enforceability. If Section 18.7 or the entirety of this Section 18
is found to be unenforceable, or if Apt Crowd receives an Opt-Out
Notice from you, then the entirety of this Section 18
will be null and void and, in that case, exclusive jurisdiction and
venue described in Section 19.2 will govern any action arising out of or related to these Terms.
- Miscellaneous.
- General Terms. These Terms, together with the Privacy Policy and any other
agreements expressly incorporated by reference into these Terms,
are the entire and exclusive understanding and agreement between
you and Apt Crowd regarding your use of the Service. You may not
assign or transfer these Terms or your rights under these Terms, in
whole or in part, by operation of law or otherwise, without our
prior written consent. We may assign these Terms at any time
without notice or consent. The failure to require performance of
any provision will not affect our right to require performance at
any other time after that, nor will a waiver by us of any breach or
default of these Terms, or any provision of these Terms, be a
waiver of any subsequent breach or default or a waiver of the
provision itself. Use of section headers in these Terms is for
convenience only and will not have any impact on the interpretation
of any provision. Throughout these Terms the use of the word
“including” means “including but not limited to”. If any
part of these Terms is held to be invalid or unenforceable, the
unenforceable part will be given effect to the greatest extent
possible, and the remaining parts will remain in full force and
effect.
- Governing Law.
These Terms are governed by the laws of the State of Missouri
without regard to conflict of law principles. You and Apt Crowd
submit to the personal and exclusive jurisdiction of the state
courts and federal courts located within Greene County, Missouri
for resolution of any lawsuit or court proceeding permitted under
these Terms. We operate the Service from our offices in Missouri,
and we make no representation that Materials included in the
Service are appropriate or available for use in other locations.
- Privacy Policy.
Please read the Apt Crowd Privacy Policy
carefully for information relating to our collection, use, storage,
disclosure of your personal information. The Apt Crowd Privacy
Policy is incorporated by this reference into, and made a part of,
these Terms.
- Additional Terms. Your use of the Service is subject to all additional terms,
policies, rules, or guidelines applicable to the Service or certain
features of the Service that we may post on or link to from the
Service (the “Additional Terms”). All Additional Terms are
incorporated by this reference into, and made a part of, these
Terms.
- Consent to Electronic Communications.
By using the Service, you consent to receiving certain electronic
communications from us as further described in our Privacy Policy.
Please read our Privacy Policy to learn more about our electronic
communications practices. You agree that any notices, agreements,
disclosures, or other communications that we send to you
electronically will satisfy any legal communication requirements,
including that those communications be in writing.
- Contact Information. The Service is offered by Apt Crowd corporation, located in
Springfield, MO. You may contact us by sending correspondence to PO
Box 3853, Springfield, MO 65808 or by emailing us at
info@powerindustrymarketplace.com.
- Compliance with California Civil Code. If
you are a California resident, under California Civil Code Section
1789.3, you may contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202,
Sacramento, California 95834, or by telephone at (800) 952-5210 in
order to resolve a complaint regarding the Service or to receive
further information regarding use of the Service.
- No Support. We are under no obligation to provide support for the Service. In
instances where we may offer support, the support will be subject to published policies.
- International Use.
The Service is intended for visitors located within the United
States. We make no representation that the Service is appropriate
or available for use outside of the United States. Access to the
Service from countries or territories or by individuals where such
access is illegal is prohibited.