Your use of this website is subject to these terms of use (the “Terms”). As used in these Terms, the term “Website” shall mean all digital materials and services that we make available to you on our website (apacerefunds.com or fastbackrefunds.com), including, but not limited to any sub-sites, and any mobile or browser-based applications. Any services that we make available via the Website (the “Services”) may be subject to additional service-specific legal terms, which we will make available to you before you agree to receive such services. If there is any conflict between these Terms and any legal terms or requirements relating to any of our Services, the legal terms of the Services shall control.
By using this website, you expressly acknowledge that you have had the opportunity to read and understand these Terms, and that you agree to these Terms. Your use of this website shall constitute your legally enforceable acceptance of these Terms, which is an agreement between you and Apace Refunds LLC, also known as Fastback, and its subsidiaries, affiliates, agents, representatives, officers, and directors (collectively, “Apace,” “us,” or “we”). If you do not agree to these Terms, do not access our website, or accept or use any of our Services. In addition to these Terms, your use of the Website and any of our Services is also subject to our Privacy Policy.
IMPORTANT: THESE TERMS CONTAIN 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.
We may update or amend these Terms at any time and for any reason by posting an updated version of these Terms on our Website. Such update will become effective immediately unless we expressly describe a later effective date in such updated Terms. If we make material changes to the Terms, we will provide you notice of such changes before they become effective. By using the Website after the effective date of any such update, you expressly agree to be bound by the updated Terms. You should regularly review these Terms, as your continued use of the Website and any of our Services after any such updates constitutes your agreement to the updated Terms.
These Terms shall continue to remain in-effect until revoked or terminated by us. We may, at our sole discretion, at any time and for any reason, modify or terminate the website and any of our Services, without prior notice to you.
The Website
The website is intended to enable you to request and obtain our Services. To do so, you must first create an Online Account with us by filling out and submitting the required information in the Online Account registration form that we maintain on our Website for this purpose. You may only request an Online Account from us once. As such, you may not request an Online Account if you have ever previously requested or obtained an Online Account. If we agree to open an Online Account for you,
You agree to maintain accurate, complete, and up-to-date information in your Online Account, including a valid phone number, address and payment method. You must be at least of the age of legal majority in your state of residence to obtain an Online Account. You may not assign or otherwise transfer your Online Account to any other person or entity. You are responsible for all activity that occurs in connection with your Online Account, and you agree to maintain the security and secrecy of your Online Account credentials at all times.
We do not guarantee that the Website, any of our Services, or any portions thereof, will be available or function properly on any particular hardware or devices. In addition, the Website and our Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. You agree that we shall not be responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems, whether to you or to any third-party.
Permitted Use of the Website; Your Feedback and Suggestions
In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Website and our Services, and you may only access or use the Website for lawful purposes. You may not access or use the Website to cause nuisance, annoyance, inconvenience, damage, or loss to us or to any other party.
You may, from time to time, choose to submit to us ideas, information, and/or suggestions relating to the Website or our Services. If you do so, and regardless of what your communication regarding your submission says, you understand that such submission will automatically become our property, without any compensation to you, that we may use your submission for any and all purposes, and we shall not be obligated to maintain the confidentiality of your submission. You may not submit to us any ideas, information, or suggestions that you are not permitted to submit to us, whether because of any applicable law, contract, or professional or ethical obligation to which you are or may be subject.
Communications
By creating an Online Account, you electronically agree to accept and receive electronic communications (the “Electronic Communications”) from us and from any applicable Third Party Service Provider, and from our respective service providers. Electronic Commutations, may include, but shall not be limited to, communications sent to you via email, text message, telephonic calls, chat functionality that may be available via the Website, in-app communications, and push notifications. Electronic Communications may be directed to the telephone number(s) or email addresses that you provided to us. You expressly authorize us to send Electronic Communications to you that are generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by us or on our behalf, including but not limited to Electronic Communications concerning your Online Account or any Services. Message and data rates may apply.
If you do not wish to receive promotional emails, text messages, or other communications from us, you may change your notification preferences by accessing Settings in your Online Account. To opt out of receiving promotional text messages from us, you must reply “STOP” from the mobile device receiving the messages. You acknowledge that opting out of receiving all communications may impact your use of the Website and of our Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your Online Account or any Services, we may contact you using any of the contact information you provided in connection with your Online Account (including via text or voice-recorded message).
Payments and Payment Transactions
Certain of the Services that we may provide to you may require that you pay us a fee for such Service. If payment of any required fee is required, your purchase of such service from us shall also constitute your authorization to us to debit your primary Authorized Bank Account (as defined below) in the amount of the fee that we disclosed to you for such Service.
Prices displayed to you in connection with any of our Services may be inclusive of any potentially applicable taxes. If we are unable to reasonably determine the exact amount of applicable taxes, we will make commercially reasonable efforts to estimate such taxes, but we may require you to pay more than the price that we stated to you if, for any reason, the actual amount of the required taxes exceeded our estimate. We may change our prices for any of our Services at any time and for any reason.
Charges paid by you are final and non-refundable, unless otherwise determined by Uber and the Third-Party Provider assessing the Charge. If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Charge you incurred, please visit the “Help” tab in your Account to initiate such requests within 30 days after the Charge took place or Uber will have no further responsibility and you waive your right to later dispute the amounts charged.
Authorization to Access Information About You and Your Financial Accounts;
We may use, or we may require you to use or authorize us to use on your behalf in connection with providing our Services to you, services provided by various third parties (the “Third Party Service Providers”) in order to provide the Website and/or our Services to you (the “Third Party Services”). Third Party Services may include, but shall not be limited to, various online “app stores” from which computer and mobile software can be downloaded or installed, financial and other account information aggregation services, and retailer websites or software applications.
Some of the Services that may be made available to you via the Website or your Online Account may allow or require you to make payments to us or to accept funds transfers from us (each, a “Funds Transfer”). In order to maintain an Online Account, you must authorize us, via our designated Third Party Service Provider, to obtain ongoing authorization to access information for certain of your payment or other finance accounts that you maintain at your financial institutions (each, an Authorized Bank Account”). You must be the primary owner of each Authorized Bank Account, or, if you are not the primary owner of such Authorized Bank Account, you must have the express authority of the owner of the Authorized Bank Account to use such account as described herein. You must update your Online Account with any new or updated information relating to or necessary to access an Authorized Bank Account within a reasonable period of time, not to exceed thirty-days after such information changes. You must designate a primary Authorized Bank Account for Funds Transfers. If you do not designate a primary Authorized Bank Account for Funds Transfers, or if any Funds Transfer cannot be completed for any reason, we may, at our sole discretion, designate any other Authorized Bank Account as your primary Authorized Bank Account and/or conduct the Funds Transfer using one or more of your other Authorized Bank Accounts.
In addition, some of the Services that may be made available to you via the Website or your Online Account may allow or require you to provide us with authorization to access certain other information relating to you, or to provide us with login or other credential so that we may access such information. If we notify you of any such requirement, you agree to promptly provide us with the requested information or authorizations.
By maintaining an Online Account, you expressly and knowingly appoint us to be your agent to obtain the information described in this Section, and you authorize us to take such steps are we believe are reasonably necessary in order to access such information, from each entity or third-party that has possession or control of such information, and that we may do so ourselves or through a third-party service provider. We shall not be obligated to review any information that we receive about you or from you for any purpose, including, but not limited to, its accuracy, legality, or non-infringement. You agree that we, our Third Party Service Providers, and each other entity or third party from which we obtain information will be entitled to rely on the foregoing appointment as your agent and/or the authorization granted by you, and on the information obtained hereunder.
Taxes
Certain of the Services that we provide may have constitute a taxable event or taxable income to you, in which case you may incur additional tax liabilities, lose access to certain means-tested public benefits, be subject to higher periodic payments in connection with income-based student loans, or otherwise be subject to unexpected or unwelcome costs, fees, payments, or other effects as a result of receiving our Services. If we reasonably believe that we are required to do so under any applicable law, we may (1) require you to provide us with any additional information that we believe is necessary or appropriate to enable us to comply our legal obligations; and (2) submit information returns or forms, or otherwise provide to various tax authorities information about you and about any Services that we may have provided to you. You acknowledge and agree that we are not responsible for, and you will hold us harmless from, any tax or other liabilities that you may incur because of your receipt of our Services. You agree that we have not provided you with any legal or tax advice and that you have had the opportunity to consult with a legal or tax advisor regarding the tax treatment of your receipt of any Services from us.
Ownership of Website; License; and Restrictions; Notices of Infringement
As between you and us, the Website, the Services, and all rights, title, and interest to each of them, including all related intellectual property rights therein, are and shall remain our property. These Terms are not a sale and do not convey or grant to you any rights in or related to the Website or the Services, or any intellectual property rights owned by us, except for the limited license granted herein.
Subject to your compliance with these Terms, in connection with your permitted uses of the Website, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Website solely in connection with your applying for and maintaining an Online Account and to request and obtain our Services; and (ii) access and use any content, information and related materials that may be made available through the Website, in each case solely for your personal, noncommercial use using only electronic devices that you are authorized to use. Any rights not expressly granted herein are reserved by us. You agree that you will not use our copyrights, trademarks, service marks, or trade dress, aside from use incidental to your use of the Website, without prior express, written permission from us. This prohibition includes use in domain names, websites, and social media accounts. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Website except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website; (v) cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Website; or (vi) attempt to gain unauthorized access to or impair any aspect of the Website or its related systems or networks.
Electronic Communications
We may use automated telephone dialing, text messaging systems, and electronic mail to provide messages to you about the Website or about any Services we provide to you. The telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else. These messages may also be transmitted directly to your voicemail without causing your telephone to ring or otherwise notifying or alerting you of an incoming telephone call. You give us your permission to call or send text messages to any telephone number you provide us now or in the future and to play pre-recorded messages or send text messages over the phone. You also give us permission to communicate such information to you via electronic mail. You agree that we will not be liable to you for any such calls or electronic communications, even if information is communicated to an unintended recipient. You understand that, when you receive such calls or electronic communications, you may incur a charge from the company that provides you with telecommunications, wireless, and/or internet services. You agree that we have no liability for such charges. You agree that this authorization constitutes a bargained-for exchange. To the extent you have the right under applicable law to revoke this authorization or to otherwise limit or restrict the time, manner, or frequency with which we communicate with you, you may do so by updating your preferences through your Online Account or by contacting us at agreements@apacerefunds.com.
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 our website. You understand and agree that, with your prior consent, we may monitor and/or record your interactions with the websites of certain Authorized Online Retailers as described herein.
Any notice, demand, or request required or permitted to be given under these Terms shall be in writing and, except as otherwise provided, shall be deemed sufficient when sent by email or 2 Business Days after being deposited in the U.S. mail as certified or registered mail with postage prepaid. Notices to us shall be sent to us at agreements@apacerefunds.com, or in accordance with such other notification requirements that we may provide to you in writing. Notices to you will be sent to the most recent email and/or physical mail addresses you provided to us in connection with your Online Account, or to any other email and/or physical address that you provide to us, unless you have subsequently informed us that such email or physical address is invalid and have provided us with an updated email and/or physical address.
Disclaimers; Limitation of Liability; and Indemnity.
The Website is provided to you 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 the Website. 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. 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, the 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 or from 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 (a) your access to, use of, or alleged use of the Website; (b) your violation of these Terms, or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any disputes or issues between you and any third party.
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.
Governing Law
The validity, interpretation, construction, and performance of these Terms, 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 these Terms.
Successors And Assigns
Except as otherwise provided in these Terms, the rights and obligations of the parties hereunder will be binding upon and inure to the benefit of each of our 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 these Terms. You may not assign, whether voluntarily or by operation of law, any of your rights, economic benefits, or obligations under these Terms, except with our prior written consent.
Severability. Except as set forth in the Arbitration Agreement, if one or more provisions of these Terms are held to be unenforceable under applicable law, the parties agree to renegotiate such provision(s) in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision(s), then (i) such provision(s) shall be excluded from these Terms, (ii) the remaining portions of these Terms shall be interpreted as if such provision(s) were so excluded, and (iii) the remaining portions of these Terms shall be enforceable in accordance with their terms.
Disputes and Complaints
All disputes or complaints relating to these Terms or to the Website or mobile app must be submitted to us by email to agreements@apacerefunds.com. Prior to initiating any lawsuit or arbitration against us or against any other person that relates to or arises from these Terms, 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.
Arbitration Agreement
