APOLLO TERMS OF USE
THESE TERMS OF USE (THESE “TERMS OF USE”) DEFINE THE RELATIONSHIP BETWEEN Five Money, Inc. (THE “COMPANY” OR “WE” OR “US” OR “APOLLO”) AND YOU, THE PERSON ACCESSING THE APOLLO WEBSITE LOCATED AT WITHAPOLLO.COM (THE “SITE”) AND/OR OUR MOBILE APPLICATION (THE “APPLICATION”) AND/OR USING OUR SERVICES (“YOU” OR “YOUR”). THE SITE, THE APPLICATION, AND THE SERVICES WE OFFER BY AND THROUGH THEM ARE COLLECTIVELY REFERRED TO HEREIN AS THE “SERVICES.” BY BROWSING, ACCESSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY“), WHICH IS HEREBY INCORPORATED INTO AND MADE A PART OF THESE TERMS OF USE BY REFERENCE. YOU MAY ACCESS AND USE THE SERVICES ONLY IF YOU CAN FORM A BINDING CONTRACT WITH US AND ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A COMPANY, ORGANIZATION, GOVERNMENT, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO DO SO. IF YOU CANNOT CONFIRM THE FOREGOING, THEN YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT USE THE SITE, THE APPLICATION OR SERVICES. YOU MAY USE THE SERVICES ONLY IN COMPLIANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS.
We may amend these Terms of Use at any time by posting the revised Terms of Use on the Site and Application. We may terminate these Terms of Use at any time by suspending or terminating access to the Site, Application and/or Services and/or notifying you. You can see when these Terms of Use were last revised by referring to the “Updated” legend above. Your continued use of the Site, Application or Services after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use. No amendment or modification of these Terms of Use will be binding unless in writing and signed by our duly authorized representative or posted to the Site and Application by our duly authorized representative.
There are additional documents linked within these terms, please be sure to thoroughly review each item prior to agreeing to our Terms of Use. Such additional terms may govern your use of certain Web pages within the Site or sections within the Application. In the event that any provision, term or guideline contained on a particular Web page in the Site or section of the Application conflicts with these Terms of Use, the terms of such Web page or section shall control over these Terms of Use.
Binding Arbitration and Class Action Waiver
ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION TITLED “BINDING ARBITRATION AND APPLICABLE LAW” BELOW. PLEASE READ THE SECTION TITLED “BINDING ARBITRATION AND APPLICABLE LAW” CAREFULLY.
FURTHER, THE SECTION BELOW TITLED “CLASS ACTION WAIVER” CONTAINS A BINDING CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Changes to Terms of Use
We reserve the right, in our sole discretion, to make modifications to these Terms of Use at any time and for any reason without notice. If we modify these Terms of Use, we will post the modification on the Site and/or Application or provide you with notice of the modification at the last email address you gave us. By continuing to access or use the Services after we have posted a modification to these Terms of Use on the Site or Application, or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services.
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.
In connection with linking your External Account to your Apollo Account, you may be required to provide us with certain personally-identifiable information, including but not limited to your name, your tax identification number, your address, and your email address (collectively, your “Client Information”). You agree that you will provide true, accurate, current and complete Client Information, and that you will maintain and update such Client Information as needed from time to time. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of the Services by you. We are committed to your privacy, and our Privacy Policy explains the policies put in place and used by us to protect your Client Information and your privacy as you visit and use the Services. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password, or account. Apollo will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless Apollo and our officers, directors, employees, partners, parents, subsidiaries, agents, and licensors, as applicable, for any uses of your Apollo Account and as otherwise set forth in these Terms of Use.
The Services are available for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understands it. We reserve the right, in our sole and absolute discretion, to deny you access to the Services or any portion thereof, without notice and without reason.
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).
You agree that you will not receive interest or other earnings on the funds in your Apollo Account. You irrevocably transfer and assign to Apollo any and all rights that you may have to any interest that may accrue on funds held in your Apollo Account. This assignment applies only to interest earned on the funds held in your Apollo Account, and nothing in these Terms of Use grants Apollo any rights to the principal of the funds held in your Apollo Account.
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
We may, at our sole discretion, make available promotions with different features to any users or prospective users of our Services. From time to time, we may offer you with incentives to refer new users to our Services. These incentives may come in the form of Stock Rewards (as defined below) or other prizes, and we may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives at our sole discretion. We reserve the right to withhold or deduct Stock Rewards or other benefits and prizes obtained through a promotion in the event that we determine or believe that the receipt of the Stock Reward, prize, or benefit was in error, fraudulent, illegal, manipulative, or in violation of these Terms of Use or an applicable referral agreement or program agreement. Users may earn no more than $1,000 in cash referral bonuses per calendar year. Apollo reserves the right to cancel or modify the terms of the referral reward offer or terminate a user’s eligibility to earn rewards or participate in promotions at any time in our sole and absolute discretion.
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.
Stock Rewards
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.
Referral Program
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.
You may review our Referral Program Rewards on the Application. If you refer a certain number of people, you will reach various levels as a referrer, and you will become eligible to earn additional Referral Program Rewards as a result of your level. Further information about referral levels and Referral Program Rewards may be found on our Application. You agree we may change the terms and conditions of the Referral Program; terminate the Referral Program; change the level structure and/or Referral Program Rewards; and/or expire, deduct, limit, or modify your Referral Program Rewards at any time for any reason, including but not limited to, the event that Apollo determines or believes that your participation in the Referral Program or use or redemption of Referral Program Codes was in error, fraudulent, illegal, or otherwise in violation of these Terms of Use.
Premium Subscriptions
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
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on or through the Services (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Services or the Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Services pursuant to these Terms of Use, we retain all right, title and interest in and to the Services, including all related intellectual property contained therein. The trademarks, service marks, and logos of Apollo (the “Apollo Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Apollo. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Apollo Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Apollo Trademarks inures to our benefit.
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.
Permitted Uses
Subject to the provisions in these Terms of Use, you may use the Services for non-commercial purposes. Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Services in accordance with these Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface and Content, including any software, on or through the Services shall belong to us, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through the Services may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of the Services and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on or through the Services. You have no right or claim of right to the Content or any unique ideas found on the Services. No ownership rights are granted to you hereunder and no title is transferred hereby.
Prohibited Uses
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.
Error Resolution
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
Your Warranties
You represent and warrant to the Company that (a) all information, including, without limitation, Client Information, that you provide to us is accurate and truthful, (b) you have the authority to share Client Information with us and to grant us the right to use Client Information as provided in these Terms of Use and Privacy Policy, (c) you have the right to grant us the licenses specified in the Section titled “Content and Materials” above, if applicable, and (d) your acceptance and use of the Services pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound.
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.
THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE DEVICES AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. WE DO NOT GUARANTEE THE SERVICES WILL BE OPERABLE AT ALL TIMES. WE RESERVE THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE SERVICES, OR ANY PORTION THEREOF; (2) TO MODIFY OR CHANGE THE SERVICES, OR ANY PORTION OF THEREOF, AND ANY APPLICABLE POLICIES OR TERMS (EXCEPT AS DESCRIBED IN THE PRIVACY POLICY); AND (3) TO INTERRUPT THE OPERATION OF THE SERVICES, OR ANY PORTION THEREOF, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.
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.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND UNINSTALL THE APPLICATION.
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.
Indemnification
You will indemnify and hold the Company and its affiliates harmless with respect to any suits or claims arising out of (i) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Services or your misuse or abuse of the Services; or (iii) your violation of applicable laws, rules or regulations in connection with your use of the Services. YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY MATERIALS SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE COMPANY AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY PROVISIONS OF THESE TERMS OF USE.
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.
Notwithstanding anything to the contrary herein, you acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by us.
These Terms of Use are governed by the laws of California without regard to conflicts of laws principles. Access or use of the Site and/or Application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or accessing or using the Site, the Application or their respective contents. The Company’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site and/or Application or information provided to or gathered by the Company with respect to such use.
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.
Interpretation
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, 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 the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: Five Money Inc, 1540 Market Street, Suite #100, San Francisco, CA 94102 or via email addressed to: support@withApollo.com and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
The term of these Terms of Use will continue for as long as we allow you access to and use of the Site, the Application and/or Services. Sections titled “Content and Materials,” “Warranties, Disclaimers and Limitations of Liability,” “Applicable Law and Jurisdiction,” “Interpretation,” and “Indemnification,” and this Section shall survive any termination or expiration of these Terms of Use.
Our hours of support are M-F 9am - 5:30 pm PT. Contact us at support@withapollo.com.
Banking Services
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
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:
These Terms of Use are between you and Apollo, and not with Apple, and Apollo (not Apple), is solely responsible for the Application.
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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