This Apace Refunds LLC Website Privacy Policy (the “Privacy Policy”) describes our privacy practices with respect to your use of this website (the “Website”).
As used in this Privacy Policy the terms “us,” “our,” and “we,” shall mean Apace Refunds LLC, also known as Fastback, and any of our owners, officers, employees, agents, service providers, or affiliates. The terms “you,” and “your,” shall refer to each natural person about whom we receive any information in connection with this Website. The Website means the information and functionality that we provide at www.apacerefunds.com or www.fastbackrefunds.com, and any subdomains thereof, and through any software applications that we may make available to you. Capitalized terms that are not defined in this Privacy Policy are defined in the Terms and Conditions.
THIS PRIVACY POLICY CONTAINS AN ARBITRATION PROVISION WHICH MAY LIMIT CERTAIN OF
YOUR LEGAL RIGHTS IF YOU HAVE A DISPUTE WITH US, INCLUDING LIMITATIONS RELATING TO
YOUR RIGHT TO FILE A LAWSUIT AGAINST US, TO HAVE YOUR DISPUTE HEARD BY A JURY, AND A LIMITATION ON YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AGAINST US. YOU MAY OPT-OUT OF THIS ARBITRATION PROVISION AS DESCRIBED BELOW.
The Website is intended for use only by residents of the United States who are at least of the age of majority in their state of residence. Children under the age of 13 may not access or use the Website.
In addition to this Privacy Policy, you’re use of the Website is subject to each of the following: the Online Account Terms and Conditions (the “Online Terms”), our Electronic Communications Policy, and any applicable agreements or terms that may apply to any of the services that we may provide to you (together, the “Additional Agreements”). If there is any conflict between this Privacy Policy and any of the Additional Agreements, the terms of such Additional Agreement shall control.
You acknowledge and agree that you have read, understood, and agree to be bound by this Privacy Policy and each of the Additional Agreements. You hereby expressly agree to the terms and conditions of this Privacy Policy and of each of the Additional Agreements. You acknowledge and agree that this Refund Advance Agreement will govern all matters relating to or arising out of any of the Privacy Policy and the Website.
1. What Information Do We Collect About You?
- When you use our site, we will collect the following information about you and your use of the Website:
- If you maintain an Online Account or receive any of our Services via the Website, we will also collect additional information about you, such as:
We may also infer certain information about you based on the information we collect from you, including by combining information we receive from or about you with other information that we may obtain from third-parties, to the extent permitted by applicable law. For example, your purchase or return of certain merchandise may allow us to infer certain information about your physical appearance financial account transaction history may allow us to infer information about your age, employment, or home ownership, while your merchant interactions may allow us to infer information about you, for example, if you qualify for promotional offers that are available only to members of certain groups while your purchase of certain items may allow us to infer information about your clothing size or gender.
Our emails to you may include certain technologies such as “pixels” or web beacons that allows us to determine if you received or opened our email or clicked on a link contained in such emails.
In certain instances, we may obtain information from or about you while acting on your behalf or as your agent. In such cases, we shall be acting only on your instructions in order to facilitate the Service(s) requested by you, and you will be responsible for the accuracy and completeness of any information that we obtain or provide. If you submit any information relating to other people to us or to our service providers in connection with your use of the Website or our Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this policy.
2. Third Party Service Providers
You may be required to provide information to various third-parties in order to obtain certain of our Services. To the extent that you choose to use any services provided by third-party in connection with any of our Services, your use of such third-party services will be subject to the terms of use, privacy policy, and any other applicable legal agreements between you and such third-party. We make no representations or warranties as to any of the third-party service providers, the terms of their relationship with you, or their use of any information that they may come to have about you or our Services.
3. How We Use Information About You
We will use information that we collect about you only for the following purposes, and for no other purposes:
4. Disclosure of Information About You to Third Parties
We may disclose information about you to third-parties as follows:
We may also disclose or publish aggregate information that doesn’t specifically identify you, such as general statistical information about our customers’ demographics and finances, and their online purchase and return behaviors. We will take commercially reasonable precautions and comply with all applicable laws to ensure that any such aggregated information cannot be attributed to you or to another person, either by itself or in combination with other generally available information.
5. Information Security
We take commercially reasonable precautions to ensure that we maintain the security of all information that we may have about you, including by storing and transmitting your data using industry-standard encryption protocols; maintaining physical and administrative safeguards to ensure that your information is accessible only to authorized personnel; and requiring any third-parties who may have access to your information to agree to abide by their legal obligations, this Privacy Policy, and to contractual obligations to maintain the privacy and security of any of your information that we may share with them.
We cannot guarantee that any information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from unauthorized access or use (e.g., by hackers). You use the Website and our Services, and send us information, at your own risk.
If you create an Online Account, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any activity in connection with the Website, your Online Account, or any of our Services, and for any disclosure of your information, that occurs using your account credentials, whether or not you authorized such activity. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
6. Cookies, Tracking Technologies, and Browser Do Not Track Settings
We, and/or our service providers or partners on our behalf, may use tracking technologies which may run on your device when you use the Website or any of our Services. The circumstances in which we may deploy tracking technologies include:
Some web browsers may transmit “do-not-track” (“DNT”) signals when transmitting or receiving information from to or from our website. Our privacy and tracking practices as described in this Privacy Policy will not change even if your browser transmits a DNT signal to us.
7. No Obligation To Provide Personal Information
You have no obligation at any time to provide your information to us or to authorize us to obtain any information about you from any third party. However, we may be unable to provide our Services to you if you choose not to provide us with any information that we request or if your authorization is required to obtain such information from a third-party and you do not provide us with such authorization.
8. Changes to this Privacy Policy
We may change this Privacy Policy from time to time by posting an updated version of this Privacy Policy on the Website. If we do so, we will update the effective date listed at the top of the Privacy Policy to reflect the most recent date that the Privacy Policy was updated, and such change will become effective as of that date. If any changes to the Privacy Policy require that you provide with notice or that we obtain your consent, we will provide you with such notice or obtain such consent prior to applying the relevant change to your information. We encourage you to periodically check the Privacy Policy to see if any changes were made.
9. Data Retention
We will retain your information for as long as we reasonably believe it is necessary or appropriate for us to do so, subject to the requirements of any applicable law.
10. Contact Us
If you have any questions or comments regarding our privacy practices, you may contact us at:
11. Disputes And Complaints; Notice and Cure
All disputes or complaints relating to this Privacy Policy must be submitted to us by [INSERT DISPUTE SUBMISSION PROCEDURE]. Such disputes, include, but shall not be limited to, disputes relating to how we obtain, use, retain, or share your personal information.
Prior to initiating any lawsuit or arbitration against us or against any other person that relates to or arises from this Refund Advance Agreement, you must first provide to us written notice of your claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve your claim. Prior to initiating any lawsuit or arbitration against you, we will provide you with a Claim Notice and a reasonable opportunity, not less than 30 days, to resolve our claim. If we are sending you a Claim Notice, we will send it to you at the most recent email and/or physical mail address appearing in our records or, if you are known to be represented by an attorney, to your attorney's office address. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You and we agree to reasonably cooperate in providing to each other any information or documentation relevant to the allegations described in the Claim Notice and to act in good faith to resolve the allegations before filing any lawsuit or arbitration.
12. Arbitration Agreement
a. Except as expressly provided in this Privacy Policy, you and we agree that any past, present, or future claim, dispute, or controversy, regardless of the legal theory on which it is based, arising out of, relating to, or in connection with this Privacy Policy, or that arises from or is related to any relationship resulting from this Advance Refund Agreement (a “Claim”), may be submitted to and resolved on an individual basis by binding arbitration under the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the “FAA”), before the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), in effect at the time the arbitration is brought, unless we and you agree in writing to arbitrate before a different party. If the AAA is unable to serve as administrator—and we and you cannot agree on a replacement—a court with jurisdiction will select the administrator or arbitrator. The AAA Rules are available online at http://www.adr.org or you can contact the AAA at 800-778-7879. If a Claim is arbitrated, it will be resolved by a neutral third-party arbitrator, and not by a judge or a jury, and you and we knowingly and voluntarily waive the right to a jury trial on such Claim.
b. The party bringing the Claim may elect arbitration of the Claim by initiating an arbitration in accordance with the AAA Rules. The other party may elect arbitration by giving written notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If such a notice is given, the Claim shall be resolved by arbitration under this Arbitration Agreement and the AAA Rules then in effect. It will be up to the party bringing the Claim to commence the arbitration proceeding. Even if all parties have opted to litigate a Claim in court, we or you may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative, or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement. The arbitrator will be selected under the AAA Rules.
c. “Claim” has the broadest possible meaning and includes initial claims, counterclaims, cross-claims, and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud, and other intentional torts, constitution, statute, regulation, ordinance, common law, and equity (including any claim for injunctive or declaratory relief). For purposes of this Arbitration Agreement the term “we” or “us” includes (a) Apace Refunds LLC; (b) any successor, successor-in-interest, transferee, assignee, affiliated fund, agent, designee, service provider, or any person or entity acting at our request or on our behalf in connection with this Privacy Policy; (c) any affiliates, subsidiaries, and/or parent of the persons and entities referenced in (a) or (b); (d) the officers, directors, employees, stockholders, members, affiliates, subsidiaries, and parents of all of the foregoing in (a) through (c); and (e) any party named as a co-defendant with us in a Claim asserted by you.
d. Notwithstanding the above, if a Claim that you or we wish to assert against the other is cognizable in a small claims court (or your state’s equivalent court) having jurisdiction over the Claim and the parties, you or we may pursue such Claim in that small claims court; however, if the Claim is transferred, removed, or appealed to a different court, it may be resolved by arbitration as described herein. Nothing in that small claims court lawsuit shall constitute a waiver of any party’s rights under this Arbitration Agreement with respect to Claims asserted in any related or unrelated lawsuits.
e. Any dispute concerning the validity or enforceability of this Arbitration Agreement or any part thereof (including, without limitation, the class action waiver below) must be decided by a court; any dispute concerning the validity or enforceability of this Privacy Policy as a whole is for the arbitrator. Any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. If you cannot obtain a waiver of the AAA’s or arbitrator’s filing, administrative, hearing, and/or other fees, we will consider in good faith any request by you for us to bear such fees. Each party will bear the expense of its own attorneys, experts, and witnesses, regardless of which party prevails, unless applicable law or this Privacy Policy gives a right to recover any of those fees from the other party. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation, and privilege rules that would apply in a court proceeding, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory, and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive, and other equitable relief, and attorneys’ fees and costs. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Agreement.
f. This Arbitration Agreement shall survive the termination of this Privacy Policy, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). In the event of any conflict or inconsistency between this Arbitration Agreement, the AAA Rules, or any other provisions of any of the Additional Agreements, this Arbitration Agreement will govern.
g. Nothing in this Privacy Policy precludes You from filing a complaint, or a charge with any governmental agency, or from participating in an administrative investigation of a charge before any appropriate government agency.
h. CLASS ACTION WAIVER: NEITHER YOU NOR WE WILL HAVE THE RIGHT TO
PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER.
i. Further, unless both you and we agree otherwise in writing, the arbitrator may not join or consolidate Claims with claims of any other persons. The arbitrator shall have no authority to conduct any class, private attorney general, or other representative proceeding, and shall award declaratory or injunctive relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall have no authority to issue any relief that applies to any person or entity except you or us individually. If any portion of this Arbitration Agreement cannot be enforced, the rest of the Arbitration Agreement will continue to apply, except that (a) if a determination is made in a proceeding involving us and you that the class action waiver is invalid or unenforceable with respect to a claim that does not seek public injunctive relief, only this sentence of this Arbitration Agreement will remain in force and the remainder of this Arbitration Agreement shall be null and void, provided that the determination concerning the class action waiver shall be subject to appeal, and (b) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the class action waiver prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case, the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.
j. Right To Opt-Out of Arbitration: You may opt-out of this Arbitration Agreement by emailing to agreements@apacerefunds.com within 30 calendar days after the date of this Privacy Policy. Any rejection notice must include your name, address, email address, telephone number, and account or contract number. If you reject this Arbitration Agreement, no other provision of this Refund Advance Agreement will be affected.
k. Waiver of Jury Trial. YOU ACKNOWLEDGE AND AGREE THAT, INASMUCH AS THE
PURPOSE OF THIS ARBITRATION AGREEMENT IS TO REQUIRE THAT ALL CLAIMS
MAY BE RESOLVED BY BINDING ARBITRATION, EXCEPT TO THE EXTENT THAT THIS
WAIVER IS PROHIBITED BY ANY APPLICABLE LAW, NO PARTY TO THIS RETAIL
INSTALLMENT CONTRACT SHALL BE ENTITLED TO A TRIAL BY JURY IF SUCH ARBITRATION AGREEMENT IS IN EFFECT. MOREOVER, TO THE EXTENT YOU
TIMELY AND ADEQUATELY REJECT THIS ARBITRATION AGREEMENT, OR IF FOR
ANY OTHER REASON A CLAIM IS NOT ARBITRATED, WE AND YOU KNOWINGLY
AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, EXCEPT TO THE EXTENT THAT THIS WAIVER IS PROHIBITED BY APPLICABLE LAW.
13. Miscellaneous
a. Disclaimer of Representations, Warranties, and Limitations of Liability.
i. The Website and our Services are provided as-is. To the fullest extent permitted by any applicable law, we do not make any express or implied guarantees, representations, or warranties to you or to any third parties in connection with any of the Services. To the fullest extent permitted by any applicable law, we hereby expressly disclaim all representations or warranties of any kind, express or implied, as to the Website and our Services. We expressly disclaim all guarantees, warranties, conditions, and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and title or non-infringement. In no event shall we or any of our owners, officers, employees, agents, service providers, or affiliates (the “Parties”) be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on, our Services, this website (including information and other content) or any third party websites or the information, resources or material accessed through any such websites.
To the fullest extent permitted by applicable law, you hereby knowingly and voluntarily waive any and all rights, claims, damages, or actions, including for any attorneys’ fees, against each of the Parties that may arise from the Website and any of our Services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
In such states liability is limited to the extent permitted by law. Accordingly, some of the above limitations of this sections and the previous section may not apply to you.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless each of the Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without our prior written consent if such settlement does not release us from all present or future, and known or unknown, liabilities that each of the parties thereto has or could come to have in the future with respect to any of the Services.
b. Telephone and Screen Recording. You understand and agree that we may monitor and/or record any of your phone conversations with us. You understand and agree that we may monitor and/or record your interactions with the Website.
c. Governing Law. The validity, interpretation, construction, and performance of this Refund Advance Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto and thereto shall be governed, construed, and interpreted in accordance with the laws of the State of Delaware, without giving effect to principles of conflicts of law. Notwithstanding the foregoing, federal law shall govern the Arbitration Agreement portions of this Refund Advance Agreement.
d. Entire Agreement. This Privacy Policy, together with the Additional Agreements, sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings, and agreements, whether oral or written, between you and us relating to the subject matter hereof.
e. Successors And Assigns. Except as otherwise provided in this Privacy Policy or any of the Additional Agreements, the rights and obligations of the parties hereunder, will be binding upon and inure to the benefit of their respective permitted successors, assigns, heirs, executors, administrators, and legal representatives. We may sell, assign, or otherwise transfer any of our rights, economic benefits, or obligations under this Privacy Policy. You may not assign, whether voluntarily or by operation of law, any of your rights, economic benefits, or obligations under this Privacy Policy, except with our prior written consent.
f. Severability. Except as set forth in the Arbitration Agreement, if one or more provisions of this Privacy Policy are held to be unenforceable under applicable law, then (i) such provision(s) shall be excluded from this Refund Advance Agreement, (ii) the remaining portions of the Refund Advance Agreement shall be interpreted as if such provision(s) were so excluded, and (iii) the remaining portions of this Privacy Policy shall be enforceable in accordance with their terms.
