APRL LLC Terms + Conditions
Please read these Terms & Conditions as they pertain to important information regarding your legal rights and obligations. By accessing or using the APRL platform, you agree to comply with and be bound by these Terms & Conditions.
Thanks for join the APRL movement and using our services!
These Terms & Conditions ("Terms") constitute a legally binding agreement ("Agreement") between you and APRL (as defined below) governing your access to and use of the APRL Platforms including website ("Site"), subdomains, mobile, tablet and other smart device applications ("App") (collectively referred to as "APRL Platform")
When these Terms mention "APRL," "we," "us," or "our," it refers to the APRL company you are contracting with.
Table of Contents
1. General APRL Platform and Services
- General APRL Platform & Services
- Modification of these Terms
- Eligibility & Member Verification
- Use of the APRL Platform
- Termination and APRL Account Cancellation
- Borrowing and Purchasing
- Borrow Fee or APRL Fee
- Receipt of Listings
- Return of Listings & Extensions
- Late Fees & Collections
- Listing & Lending
- Proprietary Rights Notice
- Controlling Law, Jurisdiction & Dispute Resolution
- Indemnification For Breach
- Limitation of Liability
- General Provisions
The APRL Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Lenders” and the services they offer are “Lender Services”) to publish such Lender Services on the APRL Platform (“Listings”) and to communicate and transact directly with Members that are seeking to use such Lender Services (Members using Lender Services are “Borrowers” and the use of a Listing are “Bookings” or “Borrows”).
2. Modification of these Terms
APRL may modify these Terms or modify, suspend, or discontinue the APRL Platform at any time for any reason. However, APRL will use reasonable efforts to notify you of material changes of these Terms by posting a notice on the Site and or sending an email to the email address provided by you to APRL during signing up.
3. Eligibility & Member Verification
3.1 18 Years or Older
By agreeing to these terms you represent that you are 18 years or older and that you are authorized to use the chosen payment method for the purpose of borrowing or buying the Listings described in these Terms. You may not have more than one active account are prohibited from transferring your APRL account to another party.
3.2 No Endorsement
While we may help facilitate the resolution of disputes, APRL has no control over and does not guarantee (Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by APRL about any Member, including of the Member’s Identity or background or weather the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether or not to engage in the APRL Platform whether in online or in person. Verified Images (images approved by APRL & in accordance to Content guidelines listed below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by APRL of any Lender or Listing.
4. Use of the APRL Platform
4.1 Your APRL Account
Access to parts of the APRL Platform requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the APRL Platform with your account. You agree to notify APRL promptly of any unauthorized use of your account or password.
You may not use the APRL Platform, including and not limited to, for the following:
Transmit any content, information or other materials that are, or which APRL considers in its sole discretion to be, fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity
Sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages Introduce viruses, worms, Trojan horses and/or harmful code Display material that exploits children under the age of 18 years old Post content, information or there materials that infringe, misappropriate or violate any intellectual property or other right of any third party Promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes Impersonate any other person, including but not limited to, an APRL representative Post, collect or disclose any personally identifying information (including account names) or private information of Members or any third parties without there formal written consent Post or transmit any unsolicited advertising, promotion materials, or any other forms of solicitation, including without limitation solicitations of credit cards numbers, solicitations for sponsors, or promotion of raffles or contents Violate any applicable local, state, national or international laws or regulations. For yourself or permit any third party to reverse engineer, decompile, disassemble, translate, derive source code for interfere with, rent, sell or lease the APRL Platform or any part thereof or access thereto.
5. Termination and APRL Account Cancellation
APRL is a platform based on user trust and respect and you promise not to violate these community ideals or an APRL user. In addition you promise not to use the APRL Platform for any other purposes that are unlawful or prohibited by these Terms, or any other purpose not reasonably intended by APRL. APRL retains the right to limit, suspend or terminate your account at any time and without liability to you, with or without cause, with or without prior notice at any time. Upon termination we will promptly pay you an amounts we reasonably determine we owe you, which we are legally obligated to pay you. In the event APRL terminates these Terms, or your access or account to the APRL Platform you will remain liable for all amounts due hereunder. You may cancel your APRL account at any time by sending an email to email@example.com. Please not that if your APRL account is terminated by APRL or canceled by you, we do not have an obligation to delete or return to you any Content you have posted to the APRL Platform, including but not limited to, any reviews or Feedback.
You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone or text messages to the telephone numbers you provided. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by emailing firstname.lastname@example.org. You acknowledge that opting out of receiving communications may impact your use of the APRL Platform.
7. Borrowing and Purchasing
7.1 Use of Listings
You agree to treat the Listings with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Listings due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid with your borrow. If you return a Listing that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Listing, as determined in our discretion, up to the Retail Value for the Listing. In addition, repeated lost Listings, and or any returns damaged beyond normal wear and tear is grounds for account suspension or termination.
You acknowledge and agree that we place limits on your account, including but not limited to restricting orders placed under a single member account, payment card, or billing or shipping address. We reserve the right to limit, cancel or prohibit any borrows or sales of Listings for any reason in our sole discretion, including but not limited to availability and geographic concerns.
8. Borrow Fee or APRL Fee
The Borrow Fee or APRL Fee (“Fees”) for a listing will be the total of the borrow or purchase, insurance charges and delivery charges listed on the APRL Platform for you borrow or purchase. When you place your order for a Listing, you hereby authorize APRL to charge your payment card for the APRL Fee. APRL Fees exclude all federal, state and local taxes and any other governmental assessments, all of which shall be paid by you.
At this moment APRL is only delivering within the Los Angeles area. Deliveries outside of the Los Angeles area will be through APRL shipping partners, which may change from time to time at APRL’s discretion. The shipping method used will also be at APRL’s discretion.
10. Receipt of Listings
Upon delivery, you bear responsibility for the Listing(s). You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where an individual can physically receive Listings(s). In the event that an un-secure shipping address is provided, APRL does not bear liability for Listings left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which APRL will not be liable. You will be liable for all such delays and additional delivery fees.
11. Return Listings and Extensions
You agree to return the Listing(s) on or before your return date of the Listings. If you are utilizing one of APRL’s Shipping partners you must return the Listing(s) via shipping partner by 12p.m. on or before the date the Listing is due. APRL is not responsible for any personal or tother items left in the Listings. If you believe you have accidentally sent us anything, please contact our customer service as soon as possible at email@example.com We will do our best to help you locate the item(s), but are not obligated to and assume no liability for doing so. At this time APRL does not offer Listing extensions through the APRL Platform, but if interested seeing extension availability you may contact us during your borrow period no later than 48hrs before your return date to see if an extension is possible at firstname.lastname@example.org.
12. Late Fees and Collections
12.1 Late Fees
If you return the Listing(s) late or not at all, a late fee of $25 will be charged to the payment method you used to pay for the Listing or to any other payment method included in your provided account information to APRL for every day you are late returning the Listing(s). You agree to pay such late fees, up to the amount not to exceed 150% of the total Retail Value of the entire order (as stated in Listing) plus applicable sales tax and Borrow Fee. The late fee is payable for each order not for each items within the order. If we do not receive the Listing(s) within 21 days after the return date of the Listing(s) it will be considered a non-return and APRL will charge your payment method the maximum late fee set for above, less any late fees the you have already paid, plus applicable sales tax. In addition, repeated late returns or failure to return items is grounds for account suspension and or termination.
If you do not pay the amounts you owe too APRL when due, APRL will institute collection procedures. You agree to pay APRL costs of collection, including without limitation reasonable attorneys’ fees.
13. Listing & Lending
13.1 Submitting Listing(s)
Members may submit Listings for items for rent. APRL will approve items that we believe will have the best chance of being borrowed. We will help determine a convenient time to pick up & delivery or arrange to have them shipped. All listings will be posted via the APRL Platform. Other members will be able to borrow (or bid to buy if item is opted-in to be sold) the listing via the APRL Platform based on the information you have provided in your listing. You understand and agree that after a Member requests to borrow an item, the price for such item may not be altered during that transaction.
13.2 Wear to Listings
Lender of Listing understands that they will be normal wear and tear on a listing and that after certain borrows of a Listing will not be in the same exact condition that it was when give to APRL.
APRL will insure items for borrow while under APRL’s possession.
The $5 Insurance during a borrowing of the listing covers minor damages or repairs due to normal wear and tear such as minor stains, rips, missing beads, stuck zippers. It does not cover any loss, destruction or irreparable damage due to theft, mysterious disappearance, fire, major stains or rips or any other cause, other than normal wear and tear (as defined in section 7.1).
In the occurrence of minor damage APRL will repair the Listing. If the Listing is deemed irreparable by APRL or by the Lender (with evidence of damage, including but not limited to, photographs) the Borrower agrees to pay the owner the market price which is determined by the Listing’s age, resale value on online channels available for sale and depreciation. APRL is not responsible covering any value due to sentimental or rarity and recommends not listing items that cannot be adequately compensated by replacement or the above stated financial repayment factors. APRL also recommends that Members obtain appropriate insurance for their Listings and review any insurance policy or consult with an insurance professional regarding the terms of potential coverage.
15.1 Your Content
If you post, upload or make available to APRL as part of your use of the APRL Platform any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the APRL Platform (“Your Content”), you hereby grant to APRL a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferrable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise use Your Content and your name, image, voice, likeness, and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, App, in email and other promotional campaigns and on third party sites promoting the APRL Platform) in connection with the APRL Platform including but not limited to advertising, promoting, and marketing the APRL Platform, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to your or any other person or entity. You waive the any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize APRL to use, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any exploit or disclosure of any Your Content.
15.2 Content Review
You acknowledge that, in order to ensure compliance with legal obligations, APRL may be required to review certain content submitted to the APRL Platform to determine whether it is illegal or whether it violates these Terms. We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these terms. However, APRL otherwise has no obligation to monitor or review any content submitted to the APRL Platform.
15.3 Copyright Complaints
APRL respects the intellectual property rights of others. We will respond promptly to any claim that Content posted on the APRL Platform infringes the copyright or other intellectual property infringement of any person. APRL will make reasonable efforts to investigate where it believes an infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Platform.
To notify APRL of possible infringement you must submit your notice in writing to the attention of “Copyright Infringement” to email@example.com and include a detailed description of the alleged infringement and any other materials (photos and or documentation) to allow APRL to make a reasonable determination. Please not that you may be held accountable for damages (including costs and attorney fees) for misrepresenting that any content is infringing your copyright.
16. Proprietary Rights Notice
You agree that the APRL Platform including trademarks, logos, service marks, user interface, graphics, photos, videos, language, software and other APRL Platform content, contains proprietary information and material owned by APRL and/ or its licensors, and is protected by applicable intellectual property and other laws. You agree not to use such proprietary information or materials, including but not limited to reproducing or transmitting in any form, by any means, electronic or mechanical, including photocopying and recording, or in any way whatsoever except for the use of the APRL Platform in compliance with these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvement to the APRL Platform. Please submit feedback by emailing firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of APRL and you herby irrevocably assign to APRL and agree to irrevocably assign to APRL all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At APRL’s request and expense, you will execute documents and take such further acts as APRL may reasonably request to assist APRL to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.
18. Controlling Law, Jurisdiction & Dispute Resolution
18.1 Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Los Angeles County, Los Angeles, California or a United States District Court, Southern District of California located in Los Angeles, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
18.2 Good Faith
Members agreed to cooperate with with APRL in good faith, and to provide APRL information and take actions as may be reasonably requested by APRL, in connection with any complaints or claims made by Members relating to Listings for borrow (including, without limitation, payment requests made under these Terms) or with respect to any investigation undertaken by APRL or a representative of APRL regarding use or abuse of the APRL Platform.
18.3 Dispute Resolution
You and APRL agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the APRL Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and APRL are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and APRL otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Changes. Notwithstanding the provisions of the “Modification” section above, if APRL changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of APRL’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and APRL in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
19. Indemnification For Breach
By using the APRL Platform, you agree to indemnify, hold harmless and defend APRL and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the APRL Platform in violation of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT APRL DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR CREDIT CHECKS ON ANY MEMBER INCLUDING, BUT NOT LIMITED TO, MEMBERS, BUT MAY CONDUCT SUCH BACKGROUND OR CREDIT CHECKS IN ITS SOLE DISCRETION. THE APRL PLATFORM IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, APRL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AN ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. APRL MAKES NO WARRANTY THAT THE APRL PLATFORM, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ITEM FOR BORROW, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. APRL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICES OR ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE APRL PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM APRL OR THE APRL PLATFORM, WILL CREATE ANY WARRANTY NO EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APRL PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APRL PLATFORM, INCLUDING BUT NOT LIMITED TO APRL MEMBERS. YOU UNDERSTAND THAT APRL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APRL PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE APLR PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APRL PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APRL PLATFORM, INCLUDING BUT NOT LIMITED TO MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY APRL. NOTWITHSTANDING APRL’S ACCEPTANCE OF PAYMENTS FROM MEMBERS ON BEHALF OF THE LENDERS, APRL EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER OR THIRD PARTY.
21. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APRL PLATFORM, YOUR LISTING OR BOOKING OF ANY ITEM FOR BORROW VIA THE APRL PLATFORM AND ANY CONTACT YOU HAVE WITH OTHER APRL MEMBERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER APRL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APRL PLATFORM OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APRL PLATFORM, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ITEM FOR BORROW VIA THE APRL PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APRL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS OR, APRL’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE APRL PLATFORM INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ITEM FOR BORROW VIA THE APRL PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE APRL PLATFORM OR IN CONNECTION WITH ANY ITEM FOR BORROW OR INTERACTIONS WITH ANY OTHER MEMBERS, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU, AS A BORROWER, HAVE PAID OR OWE FOR BOOKINGS VIA THE APRL PLATFORM AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, (B) OR IF YOU ARE A LENDER, THE AMOUNTS PAID BY APRL TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (C) ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APRL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
22. General Provisions
The APRL Platform or third parties may provide links to other websites or resources. Because APRL has no control over such sites and resources, you acknowledge and agree that APRL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that APRL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
22.2 Force Majeure
APRL shall be excused from performance under these Terms, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of APRLl. In the event that APRL is temporarily unable to perform its normal duties, APRL will give you the option of deferring your borrow or receiving a refund of your charges.
The failure of APRL to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of APRL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. This Agreement constitutes the complete and exclusive agreement between the parties regarding the subject matter hereof and supersede all prior written or oral proposals and understandings related hereto. The parties acknowledge having read the terms and conditions set forth in this Agreement, understand all terms and conditions, and agree to be bound by them.
HOW TO CONTACT US
If you have any questions or comments about these Terms or the APRL Platform, please contact us by email at firstname.lastname@example.org.