Binding Arbitration and Class Action Waiver
FURTHER, THE SECTION BELOW TITLED “CLASS ACTION WAIVER” CONTAINS A BINDING CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Services; Registration; Eligibility
By using the Site and/or Application, you can use our interactive platform to make debit card purchases and earn stock rewards. We are always working on new ways to improve our Services. We reserve the right to modify or change our Site, the Application or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site, the Application or any Services. You acknowledge and agree that we shall not be liable to you or any third party if we exercise our right to modify, change or discontinue the Site, the Application or any Services.
To set up an account on the Services (an “Apollo Account”), you will be required to link at least one external financial account (“External Account”) to your profile in order to utilize the savings-related features provided via the Services. You represent and warrant that you have the right to control any External Account you sign into via the Services. The integration service enabling you to sign into an External Account via the Services is provided by Plaid Technologies, Inc.
Using Your Apollo Account
Deposits into your Apollo Account may take 7 business days to settle and withdrawals out of your Apollo Account may take up to 2 business days to settle. During that time the funds will be unavailable for withdrawal or other use. You will be able to make six (6) free withdrawals from your Apollo Account to your External Account monthly. You authorize us to electronically debit and credit your designated External Account at your designated depository financial institution via ACH and, if ever applicable, to correct erroneous debits and credits via ACH as follows: i) range of acceptable debit amounts: up to $10,000 per business day; and ii) frequency of debits: multiple times per business day (provided, however, that debits and credits may not necessarily occur every business day).
Apollo reserves the right to cancel or suspend transactions due to fraud or compliance related concerns at any time in our sole and absolute discretion.
By using our Services, you authorize us to hold your deposits for your benefit at Piermont Bank, Member FDIC, in an account (“FBO Account”). Your deposits in an FBO Account are eligible for pass-through FDIC insurance. For purposes of applicable pass-through FDIC deposit insurance limitations, please note that deposits in Piermont Bank FBO Account may not be separately insured from any other deposit accounts you may have with Piermont Bank.
Transferring money out of your Apollo Account
Money in your Apollo Account may be transferred out of your Apollo Account by:
As a fraud mitigation tool intended to protect our valued users, for 60 days from the date a deposit is made to an Apollo Account via ACH debit from an externally linked account, a user may not withdraw those funds to an externally linked account different from the account used to fund that deposit. A user may withdraw funds at any time back to the account used to fund that deposit.
Promotions and Referrals
Certain qualifying purchases may entitle you to automatic entry into a sweepstakes run by Apollo from time to time. Your participation in any such sweepstakes shall be governed by the sweepstakes official rules which will be posted on our Site and/or Application.
As an ongoing promotion, for qualifying purchases made using your Apollo Debit Mastercard, you will be eligible to receive rewards in the form of fractional shares of stock of a publicly traded company (“Stock Rewards”). You may choose the publicly traded company/ies to which you may earn Stock Rewards from the list provided by Apollo, or you may choose for such company/ies to be chosen at random by an algorithm employed by Apollo. After the transaction has settled, you will receive 0.25% back in the form of Stock Rewards. These Stock Rewards are redeemable through the Application every day that the markets are open and you have settled transactions that are not yet rewarded.
The Stock Rewards will be transferred to your brokerage account offered by Alpaca and made available through the Services.
Apollo reserves the right to modify the nature, structure, cadence and value of the Stock Rewards at any time.
Apollo, in its sole discretion, may offer a referral program (“Referral Program”), allowing consumers to earn Stock Rewards and other prizes and benefits (“Referral Program Rewards”) by inviting their eligible friends to register as new Apollo users using a unique referral code (“Referral Program Codes”). Referral Program Codes must be used for the intended audience and purposes, and may not be sold or transferred in any manner or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Apollo. Referral Program Rewards can only be redeemed on the Application with the latest version. Referral Program Rewards are non-transferrable, may not be resold, and are not redeemable for cash, cash equivalent or other consideration. Referred consumers will be disqualified and will not receive Referral Program Rewards if Apollo has a record of their name, email, phone number, or device being linked to an existing active or inactive Apollo Account.
If you would like to sign up for a premium subscription to our Application (a “Premium Subscription”), you may earn additional loyalty rewards. Loyalty rewards for a Premium Subscription may include Stock Rewards on certain purchases made using your Apollo credit card. Purchases at restaurants and with certain merchants may offer extra Stock Rewards. For up to date information about our Premium Subscription loyalty rewards, please check the Application. We may modify such rewards at any time, in our sole discretion, without notice.
Our Premium Subscription fees, which are set forth on the Application and may be modified by Apollo from time to time without notice (the “Subscription Fees”) shall be deducted automatically on a monthly or annual basis (depending upon whether you sign up for an annual or monthly Premium Subscription) using the payment method we have on file.
Premium Subscriptions are automatically renewed on a monthly or annual basis, as applicable. By purchasing a Premium Subscription, you agree and acknowledge that your Premium Subscription has an initial and recurring payment charge at the then-current fee rate, you agree that Apollo may submit periodic charges (e.g., monthly or annual) to your chosen payment method without further authorization from you, until you provide notice to Apollo that you wish to cancel your Premium Subscription or to change your payment method. You agree that such notice will not affect charges submitted before Apollo reasonably could act.
You may cancel a Premium Subscription at any time by logging into your account on the Application and following the cancellation procedures.
Content and User Materials
Links to Other Sites
The Services contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based upon your Client Information or the Content you elect to view. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third-party web sites, including, without limitation, Linked Sites and websites linking to the Services. You should review applicable terms and policies, including privacy and data gathering practices, of third-party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
If we notice a pattern of deposits and withdrawals that we determine to be suspect, or not in the nature of normal spending and banking, we reserve the right to suspend access to the Services and to your funds in the Apollo Account until an investigation into account activity can be completed and to terminate your use of the Services.
You may not use the Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism, the commission of fraud or market manipulation, the harassing or making disparaging comments to any user of the Services. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; (f) “frame” or “mirror” any portion of the Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Services; (h) harvest or collect information about or from other users of the Services; (i) use the Services for any illegal activity; (j) probe, scan or test the vulnerability of the Site or Application, nor breach the security or authentication measures on the Services or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (n) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (o) facilitate or encourage any violations of this Section.
In case of errors or questions about your electronic transfers, message us in-App or email us at support@withApollo.com as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we make take up to 45 days to investigate your complaint or question. A provisional credit will be given to the consumer when the 45 day review period is utilized.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
We will extend, by a reasonable time, the period in which notice of an error must be received, if a delay resulted from an initial attempt by you to notify the account-holding institution.
Electronic Fund Transfer Disclosure Statement
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.
Warranties, Disclaimers and Limitations of Liability
Disclaimer of Warranties
ALTHOUGH THE COMPANY MAKES EFFORTS TO PROVIDE AN ACCURATE SITE AND APPLICATION, THE SERVICES AND ALL RESPECTIVE PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES AND THEIR RESPECTIVE CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE SERVICES AND THEIR RESPECTIVE CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY AND (5) THAT ACCESS TO OR USE OF THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SERVICES AND THEIR RESPECTIVE CONTENT IS AT YOUR OWN RISK AND THE COMPANY MAKES NO WARRANTIES. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO SERVICES AND THEIR RESPECTIVE CONTENT OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD THE APPLICATION OR ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
THE SERVICES AND THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH ERRORS LISTED THEREIN. WE HAVE NO OBLIGATION TO REVIEW OR VET ANY CONTENT OR MATERIALS, OR TO UPDATE ANY CONTENT OR MATERIALS. WE DO NOT ADVISE ON THE TAX CONSEQUENCES OF ANY INVESTMENT. YOU ACKNOWLEDGE THAT ALTHOUGH THE SERVICES AND THE CONTENT CAN BE USED AS AIDS TO ASSIST YOU IN MAKING INFORMED BUSINESS DECISIONS, THE SERVICES AND CONTENT ARE NOT MEANT TO BE SUBSTITUTES FOR LEGAL, BUSINESS, OR INVESTMENT ADVICE OR YOUR EXERCISE OF YOUR OWN INDEPENDENT BUSINESS JUDGMENT. ANY SUCH DECISIONS OR JUDGMENTS ARE MADE AT YOUR SOLE DISCRETION AND ELECTION. APOLLO DOES NOT ACT, AND SHALL BE DEEMED NOT TO BE ACTING, AS A FIDUCIARY OR INVESTMENT ADVISOR IN PROVIDING THE SERVICES OR CONTENT. TO THE EXTENT THAT PAST PERFORMANCE IS AVAILABLE THROUGH THE SERVICES, PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, AND NO REPRESENTATION IS BEING MADE THAT ANY INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE ACHIEVED IN THE PAST, OR THAT SIGNIFICANT LOSSES WILL BE AVOIDED.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT APOLLO DOES NOT ENGAGE IN, AND IS NOT PREPARING TO ENGAGE IN, OR PROVIDE, ASSET MANAGEMENT, INVESTMENT ADVISORY OR SIMILAR SERVICES; AND YOU ACKNOWLEDGE AND AGREE THAT OUR PROVISION OF THE SERVICES TO YOU SHALL NOT INCLUDE THE ENGAGING IN, OR PROVIDING OF, ANY ASSET MANAGEMENT, INVESTMENT ADVISORY OR SIMILAR SERVICES BY US OR OUR AFFILIATES.
PLEASE REMEMBER THAT DIFFERENT TYPES OF INVESTMENTS INVOLVE VARYING DEGREES OF RISK, AND THERE CAN BE NO ASSURANCE THAT THE FUTURE PERFORMANCE OF ANY SPECIFIC INVESTMENT OR INVESTMENT STRATEGY (INCLUDING THOSE UNDERTAKEN OR RECOMMENDED BY US), WILL BE PROFITABLE OR EQUAL ANY HISTORICAL PERFORMANCE LEVEL(S). IN MAKING AN INVESTMENT DECISION, YOU MUST RELY ON YOUR OWN EXAMINATION OF THE INVESTMENT AND THE TERMS OF THE OFFERING. YOUR USE OF THE SERVICES IS AT YOUR OWN DIRECTION AND YOUR OWN RISK.
THE SERVICES MAY CONTAIN CERTAIN “FORWARD-LOOKING STATEMENTS,” WHICH MAY BE IDENTIFIED BY THE USE OF SUCH WORDS AS “BELIEVE,” “EXPECT,” “ANTICIPATE,” “SHOULD,” “PLANNED,” “ESTIMATED,” “POTENTIAL,” AND OTHER SIMILAR TERMS. ALL ARE SUBJECT TO VARIOUS FACTORS, INCLUDING, BUT NOT LIMITED TO GENERAL AND LOCAL ECONOMIC CONDITIONS, CHANGING LEVELS OF COMPETITION WITHIN CERTAIN INDUSTRIES AND MARKETS, CHANGES IN INTEREST RATES, CHANGES IN LEGISLATION OR REGULATION, AND OTHER ECONOMIC, COMPETITIVE, GOVERNMENTAL, REGULATORY AND TECHNOLOGICAL FACTORS AFFECTING OUR OPERATIONS THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM PROJECTED RESULTS.
YOUR RELIANCE UPON THE INFORMATION AVAILABLE ON THE SERVICES OR LOCATED THROUGH UTILIZATION OF THE SERVICES AND YOUR INTERACTIONS WITH THIRD USERS IDENTIFIED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. YOUR INTERACTIONS WITH OTHER USERS OR ADVERTISERS, INCLUDING PAYMENT AND DELIVERY OF GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE OTHER PERSON OR ENTITY, AND YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR WITH RESPECT TO ANY OTHER PERSON’S OR ENTITY’S USE OR DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU AGREE THAT YOU WILL MANAGE ANY SUCH DISPUTE OR DISAGREEMENT DIRECTLY, AND THAT YOU WILL NOT MAKE ANY CLAIMS AGAINST US WITH RESPECT TO PRODUCTS OR SERVICES PURCHASED THROUGH YOUR USE OF THE SERVICES.
Limitation of Remedies
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES OR CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE OR THE APPLICATION, AND ALL OTHER USE OF THE SITE OR APPLICATION, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THIS AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
Binding Arbitration and Applicable Law (Continued from Section titled “Binding Arbitration” above)
Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the San Francisco, CA office of JAMS (“JAMS”), in accordance with its then-existing Comprehensive Arbitration Rules & Procedures. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Our hours of support are M-F 9am - 5:30 pm PT. Contact us at firstname.lastname@example.org.
Banking Services. Banking services associated with our services are provided by Piermont Bank, Member FDIC. Your transactions will be processed through an FBO account we hold at Piermont Bank for the benefit of our customers or users. We will provide you with a monthly summary statement that describes your transactions. Your deposit balances held at Piermont Bank are insured by the Federal Deposit Insurance Corporation (FDIC) for up to the legal limit (currently $250,000 for each category of legal ownership). The Apollo Mastercard® Debit Card is provided by Piermont Bank, Member FDIC, pursuant to license by Mastercard International Incorporated. Mastercard is a registered trademark, and the circle design is a trademark of Mastercard International Incorporated. Spend anywhere Mastercard is accepted.
Brokerage services are provided by Alpaca Securities LLC (“Alpaca”), member FINRA, a wholly-owned subsidiary of AlpacaDB, Inc. Clearing services are provided by Velox Clearing LLC (Velox) and Vision Financial Markets LLC (Vision). All three are members of the Securities Investor Protection Corporation (SIPC), which protects securities customers of its members up to $500,000 (including $250,000 for claims for cash) per customer. Explanatory brochure available upon request or at www.sipc.org.
Downloading the Application From the Apple App Store
The following terms apply to the Application when accessed through or downloaded from the Apple App Store where the Application may now or in the future be made available. You acknowledge and agree that:
Apple has no obligation to furnish any maintenance and support services with respect to the Application.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Apollo.
Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, Apollo will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
Apple and its affiliates are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Application against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
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