Terms and Conditions of Use

AptAmigo Inc.

Effective July 20, 2015
Last Revised: October 28, 2024

These Terms and Conditions of Use (the “Terms”) are entered into between you (“you,” or “User”) and AptAmigo, Inc. (the “Company,” “we,” “us,” and “our”). These Terms govern your access to and use of Company services (“Platform”) offered on the website located at https://www.aptamigo.com, https://blog.aptamigo.com, and any other website owned by the Company and where these Terms are linked (collectively, the “Website”, and together with the Platform, the “Services”), including any content or functionality offered on or through the Services. The Services are published, owned, and operated by the Company.

By accessing, browsing, submitting information to and/or using the Services, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES. THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

1. PURPOSE OF THE SERVICES

The Services are provided for informational purposes, enabling communication between you and the Company, and to provide the services that you requested. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by the Company through the Services shall be handled in accordance with the Company’s Privacy Policy, which is hereby incorporated by reference.

2. USE OF THE SERVICES

The Company grants you a non-exclusive right to access and use the Services and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. You agree to use the Services only for lawful purposes, comply with all rules governing any transactions on and through the Services, and comply with applicable laws.

You may link to our Services, provided you do so in a way that is fair, in compliance with all applicable laws, rules and regulations, and does not damage our reputation; provided that you shall not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You may use the features on the Services solely as they are provided by us, and solely with respect to the content they are displayed with.

We may disable all or any features on the Services and any links at any time without notice, in our sole discretion.

3. RESTRICTED WEBSITE AND PASSWORDS; USER ACCOUNT RESPONSIBILITY; UPDATED INFORMATION

Some portions of the Services may be restricted and require authorization for access. Unauthorized use of or access to any such areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas. It is a condition of your use of the Services that all information you provide for the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including through the use of any interactive features on the Services, is governed by the Company’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Company’s Privacy Policy.

If you are given, or if you create, an account (including any password) to access the Services (your “User Account”), you are responsible for maintaining the confidentiality and security of your account, including all of your passwords. When creating your User Account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date. You are responsible for all activities that occur under your User Account and you agree to notify the Company immediately of any unauthorized use of your User Account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your User Account or your password for your User Account.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, there has been a violation of any provision of these Terms or of the Company’s Privacy Policy.

You are responsible for informing the Company if you have changed your identity information, including your name, telephone number, mailing address, e-mail address, or other personal information. You may update your personal information through our sites or by contacting us at info@aptamigo.com.

4. PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) and these Terms.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Services
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

Additionally, you agree not to:

Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring, scraping, data-mining, extracting, or otherwise collecting or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.

5. RELIANCE ON CERTAIN INFORMATION SHOWN ON THE SERVICES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. We do not warrant the accuracy, suitability, or availability of information regarding any rental unit shown on the Services, including such information provided by third-party landlords, and property managers. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services and materials provided through the Services may refer to buildings, apartments, physical venues, geographical sites, and other similar products or services that are not under the control of or maintained by the Company (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by the Company of any such Third Party Properties. You acknowledge that the Company is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that the Company is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. The Company does not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to on the Services, you do so at your own risk.

The Services may include content provided by third parties, including materials provided by other users, landlords, property managers, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any such materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Any such materials do not necessarily reflect our opinion and may not have been verified by us. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties whether shown on or Sites or Services or otherwise.

If the Services contain links to other sites and resources provided by third parties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms of use for such websites.

6. EQUAL OPPORTUNITY IN HOUSING STATEMENT

All real estate advertised on the Services is subject to the federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination.”

We will not knowingly accept or permit any advertisement for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.

When it comes to buying, selling or leasing a home or renting an apartment, several state and federal laws were enacted to ensure the equal opportunity in housing for all people. The Civil Rights Act of 1966 prohibits all racial discrimination in the sale or rental of property. Moreover, the Fair Housing Act declares a national policy of fair housing throughout the United States, making illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.

Other laws also impact the purchase, sale or lease of a home or renting an apartment. Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities. The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant’s income derives from any public assistance program.

In addition, state and local laws often provide broader coverage and prohibit discrimination based on additional criteria not covered by federal law.

Despite our zero tolerance policy, much of the information regarding real estate and related matters on the Services is provided by third parties or via hyperlink to third party sites. As such, there may be an instance of potential discrimination by these third parties that we are not yet aware of. If you suspect discrimination by one of these sites, please contact our staff at info@aptamigo.com.

Complaints alleging discrimination in housing may be filed with the nearest office of the United States Department of Housing and Urban Development (HUD), or by calling HUD’s toll free number, 1-800-669-9777 (voice), or 1-800-543-8294 (TDD).

You can contact HUD on the internet at https://www.hud.gov

7. TEXT MESSAGING

You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from or on behalf of the Company or for the Company to use your cell phone number or mobile device number in accordance with the Company’s Privacy Policy. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions provided in our communications to you.

Not all mobile devices or handsets may be supported by this service. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company.

While we disclose personal information with our affiliates, service providers, and as otherwise provided in the Company’s Privacy Policy, we will not disclose or provide text messaging originator opt-in data and consent; this information will not be disclosed with any third parties.

8. CREDIT CARD AND OTHER FINANCIAL INFORMATION

The Company does not collect credit card or other financial information from you. If you desire to supply your credit card information, financial information, or identity information to any third party service provider or to any Linked Sites (as defined in Section 9), you do so at your own risk and discretion. The Company strongly recommends you review the terms and conditions and privacy policy of any third party before providing such information.

9. THIRD-PARTY WEBSITES

The Services may contain links to websites and platforms controlled or operated by persons and companies other than the Company (“Linked Sites”). Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified in the Services, including any delivery of and payment for goods and services.

10. THIRD-PARTY APPLICATIONS

You acknowledge that your access and use of any third-party applications or software on the Services and Content (the “Third-party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.

11. SUBMITTING COMMENTS ON THE SERVICES

If you submit comments intended for public display on the Services, you agree to abide by these Terms. You shall not submit comments on our sites that: are illegal, indecent, profane (either directly or indirectly through partially obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, counter to the Company’s Privacy Policy or otherwise injurious to the Company or any third parties; consist of or invoke malicious software code, constitute commercial solicitation (except where pre-approved by the Company), consist primarily of an unsolicited electronic mass mailing, be political in nature, or the like. Where an email address or third party account login is required to upload comments or submissions, you agree to use a valid email address or third party account, as applicable, and represent that you are the individual identified by the address or name. If you wish to submit materials to the Services, you are prohibited from impersonating any other individual or entity, or otherwise misleading the same as to the origin of the comments.

Comments and reviews will not be accepted that infringe in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contain privileged, confidential, proprietary or trade-secret information of any individual or entity, or that may violate the legal right of any person or entity in any jurisdiction or locale. You may not submit materials that are or purport to be the personally identifiable information about others, such as full name, postal address, email address, telephone number or any other personal attribute which would constitute harassment or an invasion of privacy.

Your comments and reviews become the property of the Company and you grant to the Company a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit, and reformat your comments and reviews as necessary and for any purpose, anywhere in the world, including into those forms that may constitute advertising. We are not and shall not be under any obligation to maintain any comments or reviews in confidence, to pay compensation for any comments or reviews, or to respond to any comments or reviews. If you submit comments or reviews, you are also granting to the Company the non-exclusive right to seek enjoinment and possible damages from any third party who otherwise uses your comments or reviews in an unauthorized way or through unauthorized reproduction of any such comments or reviews.

Comments and reviews used, displayed or propagated by us or others licensed by us to use your comments or reviews may be attributed to you unless you have expressly requested anonymity. We reserve the right to select among the comments for the most appropriate material to be used, subject to our sole discretion and judgment. We reserve the right to remove comments and reviews from the Services pursuant to our discretion and judgment, but we maintain no obligation to do so.

You also agree to not redistribute, or reproduce elsewhere, comments in any manner or in any media, including the re-submission or republishing of any comments on any other site not affiliated with the Company.

We take no responsibility and assume no liability for any comments posted by you or any third party.

12. INTELLECTUAL PROPERTY NOTICES

The Services and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Services or Content in any manner, except as expressly permitted by the Company in these Terms. The Services and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.

Copyright. You should assume that everything you see or read on the Services is copyrighted unless otherwise noted and may not be used without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Services will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on the Services is either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Services. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademark. Nothing contained on the Services should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Services without the written permission of the Company or such third party that may own a trademark displayed on the Services. Your misuse of the Company’s trademark(s) displayed on the Services, or any other Content on the Services, except as provided herein, is strictly prohibited.

Your Content. Any Content you create or own or to which you have a license and use on the Services is “Your Content”. In sharing Your Content on the Services, you warrant and represent you have the legal right to use Your Content and grant the Company an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Website services as described in these Terms and in any posted policies on the Services. The Services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require the Company systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Services. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Questions regarding the use of any intellectual property provided on the Services should be directed to info@aptamigo.com.

13. DIGITAL MILLENIUM COPYRIGHT ACT COMPLIANCE

Notification. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the service are covered by a single notification, a representative list of such works from the service;
identification of the material that is claimed to be infringing 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 Company to locate the material;
information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has 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;
a statement that the information in the notification is accurate; and
under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Upon removing any allegedly infringing material, the Company will notify the alleged infringer of such takedown.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter Notification. If you elect to send our copyright agent a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

a physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
adequate information by which we can contact you, including your name, address, and telephone number; and
a statement that the subscriber consents to the jurisdiction of a federal district court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the Company may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your counter notice. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

The Company’s designated copyright agent or authorized official to receive notifications and counter-notifications of claimed infringement is:

Daniel Willenborg
AptAmigo, Inc.
171 N Aberdeen St #400
Chicago, IL 60607
info@aptamigo.com
(312) 547-0010
DMCA Registration Number: DMCA-1061448
Pay.gov Tracking ID: 27IR6AAU

A summary of the DMCA can be obtained from the U.S. Copyright Office.

14. LOCATION OF OUR SERVICES

The Company is based in the state of Illinois in the United States. The Company provides the Services for use only by persons located in the United States. We make no claims that the Services or any of its contents are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries.

15. DISCLAIMER

EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS-IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE SERVICES OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SERVICES OR TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THE SERVICES ARE LINKED. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE SERVICES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SERVICES OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO CEASE YOUR USE OF THE SERVICES AND/OR THE CONTENT.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

16. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE SERVICES OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE SERVICES, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE SERVICES SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN ANY CASE, COMPANY’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

17. INDEMNITY

You agree to defend, indemnify and hold harmless the Company and its affiliates, suppliers, licensors, partners, directors, officers, employees, and/or agents (collectively, “Company Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) that may be incurred by any of the Company Indemnitees arising out of or relating to (a) your access to or use of the Services, (b) Your Content, (c) your violation of these Terms, (d) your violation of any applicable laws, rules or regulations in connection with the Services, (e) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or (f) from any other misuse of the Services. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Company Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, the Company reserves the right to assume the exclusive defense and control of any proceeding that relates to the Company, the Services, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Company in our defense thereof.

18. TERMINATION AND RESTRICTION OF ACCESS

In its sole discretion, the Company may terminate or suspend your access to the Services for breach of these Terms or for any reason whatsoever, with or without notice. The Company shall not be liable for any losses or damages arising from any such termination of service.

19. AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us via email at info@aptamigo.com. Before we file a claim against you, we agree to contact you at your email address, or if you have not provided an email address, then at your preferred communications method. If the dispute is not resolved within 60 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:

GENERAL. YOU AGREE THAT YOU AND COMPANY WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org. Unless otherwise prohibited by applicable law, and except for New Jersey residents, any claim must be filed within two (2) years from the date on which such claim arose or accrued.
LOCATION OF ARBITRATION. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Indianapolis, Indiana, or any other location you and we mutually agree to.
EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights, or in response to any allegations or charges of criminal activity, without first engaging in arbitration or the informal dispute resolution described in this Section.
CLASS ACTION WAIVER. YOU AND COMPANY 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. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
PAGA WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS. If any court or arbitrator determines that the PAGA Waiver set forth in this paragraph is void or unenforceable, then this clause shall be deemed null and void in its entirety, but the remaining clauses herein shall survive unless a court or arbitrator determines otherwise.
NO RIGHT TO JURY TRIAL. YOU AND COMPANY ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth herein by sending written notice of your decision to opt-out by email to info@aptamigo.com. For new users, the notice must be sent within 30 days of using the Services. If you do not opt-out, you shall be bound to the terms in this Section. If you choose to opt-out, we will also not be bound.

20. LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

21. GOVERNING LAW & JURISDICTION

Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by the laws of the State of Illinois, U.S.A without regard to conflict of law provisions. Except as provided above regarding arbitration, or to the extent preempted by the FAA, you hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Indianapolis, Indiana in all disputes arising out of or relating to the use of the Services. The parties have required that this agreement and all documents related to this agreement be drawn up in English. As to any ambiguities resulting from translation from English to any other language, provisions in the English language shall be controlling in all respects.

22. CHANGES TO THESE TERMS OF USE

The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Services after any such change is communicated shall constitute your consent to such change(s).

23. GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Services. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by the Company with respect to such use.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

We reserve the right at any time in our sole discretion to: (a) modify, suspend or discontinue the Services or any service, content, feature or product offered through our the Services, with or without notice; (b) charge fees in connection with the use of the Services; (c) modify or waive any fees charged in connection with the Services; and/or (d) offer opportunities to some or all users of the Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any service, content, feature, or product offered through the Services. We may terminate these Terms at any time without notice, and accordingly may deny you access to the Services, if in our sole judgment you fail to comply with any term or provision of these Terms.

These Terms, including the Company’s Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

24. COMPANY CONTACT INFORMATION

Questions can be directed to the Company at:

AptAmigo, Inc.
171 N Aberdeen St #400
Chicago, IL 60607
United States
info@aptamigo.com