Terms of Use
UPDATED: October 10, 2024
This constitutes a binding agreement (“Terms,” “Terms of Use,” or “Agreement”) between you and Appos, LLC, a Missouri Limited Liability Company, doing business as “Appos” (“Appos,” “us,” “we,” or the “Company”).
These Terms apply to all services provided by Appos (“Services”) where information is collected from or about you, or where data from or about you are used. Services include any offering from any Appos locations branded or owned by Appos (“Locations”). Services also include digital services provided through the Internet website located at https://appospartners.com/ (the “Website” or “Site”), applications or software provided online or in conjunction with the Website, and electronic communications sent to you by Appos or its partners (collectively, “Digital Services”).
By using Appos Services, you signify that you have read, understood, and agree to be bound by this Agreement, whether you are a registered user of our Services. If you do not agree, do not use Company’s Services, including its Website.
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE COMPANY’S SERVICES, INCLUDING ITS WEBSITE, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
This Agreement is published on the Company’s Website at https://appospartners.com/. To access it, visit the Website, and click on the “Terms of Use” hyperlink.
By using Company’s Services, or by accessing the Website, you acknowledge that you have read these terms of use, and Company’s Privacy Policy included here by reference, and agree to be bound by them.
Privacy Policy
The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current Privacy Policy can be found on the Website by visiting https://appospartners.com/, and then clicking on the Privacy Policy hyperlink.
By using Company’s Services, including the Website, you agree to be bound by the Company’s Privacy Policy that is expressly incorporated into this Agreement by this reference.
Changes to Terms of Use
The Company may modify these Terms of Use from time to time in its sole and absolute discretion and without the duty to notify you of such modification. If we do this, we will post the amended Terms on this Website page and indicate at the top of the page the date the Agreement was last revised. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, do not use or access (or continue to use or access) the Services.
Legal Disclaimers
By using Company’s Services, the Website, and/or any any 3rd-party tools contained therein, you agree to be bound by the Company’s Terms of Use and Privacy Policy and that of any 3rd-party used to provide your services.
By using Company’s Services, the Website, and/or any any 3rd-party tools contained therein, you agree to be bound by the Company’s Terms of Use and Privacy Policy and that of any 3rd-party used to provide your services.
By using Company’s Services, the Website, and/or any any 3rd-party tools contained therein, you agree to be bound by the Company’s Terms of Use and Privacy Policy and that of any 3rd-party used to provide your services.
By using Company’s Services, the Website, and/or any any 3rd-party tools contained therein, you agree to be bound by the Company’s Terms of Use and Privacy Policy and that of any 3rd-party used to provide your services.
By using Company’s Services, the Website, and/or any any 3rd-party tools contained therein, you agree to be bound by the Company’s Terms of Use and Privacy Policy and that of any 3rd-party used to provide your services.
Email Communications
By providing your email address to Appos via the Internet or in person, you are consenting to receive marketing communications from Appos until you opt-out. You can opt out of marketing communications at any time by sending your request to [email protected] in accordance with the rules published in Company’s Privacy Policy or using any opt-out or unsubscribe links contained within the email(s).
Note that opting out may prevent you from receiving email messages regarding updates, improvements, special offers, or directly affect our ability to communicate with you if you are deemed to be a “Client” within the confines of your signed “Client Services Agreement.”
Mobile Device Use
By providing your email address or phone number to Appos via the Internet or in person, you consent to receive marketing communications from Appos on your phone or another mobile device via email or SMS text messages until you opt out. Communications may be sent to your email address, to the mobile number associated with your mobile device, or both.
You can opt-out of marketing communications at any time by sending your request to [email protected] in accordance with the rules published in Company’s Privacy Policy, or by clicking the “Unsubscribe,” “Opt-Out,” “Cancel,” or “Stop” links in promotional communications you receive, if such links are present.
In the event you elect to opt out of communications to your mobile device, you may receive an additional message from the Service confirming your election.
The Company does not warrant that the text messaging service controlling messages to your mobile device will be uninterrupted or error-free.
You are responsible for paying mobile network carrier fees, taxes, and other charges related to the receipt of email and SMS text messages from the Company to your mobile device.
Though you may access the Service via a mobile device, Company shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of the Company such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
Product Purchases, Billing, and Payment
When ordering Products or using our Services, you must provide accurate and complete information as requested for us to process your transaction. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made by contacting your Appos Representative.
All prices or quotes specified in the descriptions of the Services are recommended firm. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.
You are responsible for paying any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the Products you purchase. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees if they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
If you send or post information (“User Content”) to Appos or its Services, including photos, messages, or commentary, you grant Appos a perpetual worldwide license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sell, transfer, or reformat your User Content without limitation, notice, or compensation to you. The Company has the right but not the obligation to monitor and edit or remove any activity or User Content in its sole and absolute discretion.
When accessing the Website or using other Appos Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of our Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against any damages resulting from, any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.
The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website and its other Services. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Website or other Services user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, knowledge, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at: Appos, LLC Attn: Website Administrator, 893 Bolger Court., Fenton, Missouri 63026, or via email at [email protected].
You agree not to use any automated systems, including, without limitation, “robots,” “spiders,” “web crawlers,” “screen scrapers,” “page scrapers,” “offline readers,” “bots” or “Denial of Service” (DoS) traffic generators, or similar tools that access the Website or other Digital Services in a manner that sends more request messages to our network than a human can reasonably produce in the same period of time by using a conventional online web browser.
You will not attempt to gain unauthorized access to any portion or feature of the Company’s Services, including its Website, or any other databases or systems or networks connected to these services, or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate means.
Accessing, collecting, and/or harvesting Members’ information stored on the Website or in other Digital Services, including, but not limited to, their personally identifiable information, is prohibited.
You agree not to frame the Appos Website or other Digital Services in browser frames, or otherwise reroute or alter content from Company’s Digital Services re-route a visitor’s browser.
You agree not to use any portion of the Services as a source or destination for unsolicited bulk messages or unsolicited commercial messages.
You agree not to impersonate Company employees in any electronic message sent to the Company or its Members.
Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
The Company reserves the right to terminate your use of the Website and/or other Services in its sole and absolute discretion and without notification or compensation to you. To ensure that the Company provides a high-quality experience for you and for other users of the Services, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Services. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with the use of the Website or other Services.
The Company hereby disclaims all services carry no guarantees or warranties. Appos’ Services, including, but not limited to, its Website, in-store services, delivery, and rewards, are provided on an “as is” and “as available” basis. The Services are provided without warranties of any kind. You assume the risk of all damage or loss from the use of, or inability to use, the Services, whether they are provided in-person or through the Internet. To the maximum extent permitted by law, the company expressly disclaims all warranties, express or implied, regarding the Services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, the Company, its Affiliate entities, subsidiaries, and licensors do not warrant that the content within the Services is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location; that the Services will be uninterrupted, secure, or error-free; that any defects in the Services will be corrected; or that the Services are free of viruses or other harmful content. Any content downloaded or otherwise obtained by the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, and the Company will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.
The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company, its Affiliate entities, officers, directors, employers, agents, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Services.
To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content provided by or in relation to the Services; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, including any purchases made therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the Services by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall the Company, its Affiliate entities, officers, directors, employers, agents 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 the Company hereunder.
This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if the Company has been advised of the possibility of such damage.
Affiliated Websites
The Company has no control over, and no liability for, any third-party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with our Digital Services, including our Website. Because neither the Company nor our Digital Services has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Digital Services including our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Prohibited Uses
The Company imposes certain restrictions on your permissible use of the Services, including the Website. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, test, or exploit vulnerabilities of the Services, including the Website, or any associated system or network, or to breach security or authentication measures without proper written authorization from the head of the Company’s Information Security department; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus or other malware to the Services, or overloading, flooding, spamming, mail bombing, crashing, or denying service to the Services; (d) using the Services to send unsolicited e-mail or text messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header, email header, mobile device identifier, or any part of the header information in any e-mail or text message or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing its Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Indemnity
You agree to indemnify and hold harmless the Company for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, including the Website, any other party’s access and use of the Services with your unique Member account credentials (username, password), your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity. The Company will notify you of any such claim, loss, liability, or demand, provided that the Company’s failure to notify you shall in no way eliminate or otherwise modify the Company’s rights to indemnification hereunder.
Copyright(s)
All contents of the Services, including the Website, are Copyright 2012-2024, Appos, LLC, 893 Bolger Court, Fenton, Missouri 63026. All rights reserved.
All trademarks, service marks, and trade names of the Company used in its Services, including on its Website, are trademarks or registered trademarks of the Company.
IF YOU ARE A NEW USER OF THE SERVICES, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO [email protected] (“OPT-OUT NOTICE”) OR VIA U.S. MAIL TO: Appos, LLC 893 Bolger Court, Fenton, Missouri 63026 THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (60) DAYS AFTER THE DATE YOU SIGNED UP FOR SERVICES FOR THE FIRST TIME, AS RECORDED BY APPOS’ SYSTEMS THAT TRACK SIGNUPS. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address associated with your Member account to which the opt-out applies to: [email protected]. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED IN THIS SECTION).
Your access and continued use of the Website signifies your explicit consent to this waiver.
If any part of this Agreement is found by a court to be invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
Nothing contained on the Appos Website, or presented by any other Services, should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.
Modifications
The Services are controlled, offered and operated from facilities in the State of Missouri, United States. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found in, on, and through the Services are solely directed to individuals located in the United States. Notwithstanding the foregoing, the Company retains all rights, including all intellectual property rights, to the Services and the content therein, throughout the world.
UNDER NO CIRCUMSTANCES SHALL APPOS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF APPOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE APPOS WEBSITES OR THE PROGRAM, FROM YOUR INABILITY TO USE THE APPOS WEBSITES, THE PROGRAM, FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE APPOS WEBSITES OR THE PROGRAM, OR FROM ANY OTHER CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS AND CONDITIONS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD-PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APPOS WEBSITES, THE PROGRAM, OR ANY LINKS ON THE APPOS WEBSITES AS WELL AS BY REASON OF ANY THIRD-PARTY INFORMATION, ADVICE, OR ADVERTISEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD APPOS, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS; ANY THIRD-PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF THE APPOS WEBSITE OR THE PROGRAM; YOUR VIOLATION OF THE TERMS AND CONDITIONS; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
All Program designs, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress, and/or intellectual property in such materials are owned by Appos.
To the fullest extent permitted by law, any claim or dispute arising out of or relating to the Program and/or these Terms and Conditions will be governed by and construed under the substantive laws of the State of Missouri, without reference to conflict-of-laws considerations. FURTHER, ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN ST. LOUIS COUNTY, MISSOURI. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, APPOS AND MEMBERS UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. APPOS AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF MISSOURI. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
For questions, please email [email protected]
