Terms of Service
Terms of Service Last Updated 3/4/2025
Thank you for using Apello.net! These Terms of Service (“Terms”) govern your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by Apello.net (“Apello.net,” “we,” or “us”). By accessing or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the “Resolving Disputes; Binding Arbitration” section.
Please review these Terms carefully. Your use of the Services constitutes acceptance of these Terms and our Rules. For information on how we collect, use, and share your information, please review our Privacy Policy.
If you have any questions about these Terms or our Services, please contact us at info@apello.net.
Your Account and Responsibilities
You are responsible for your use of the Services and any Content, including ensuring compliance with applicable laws. Content on the Services may be protected by intellectual property rights, and you must not copy, upload, download, or share content unless you have the legal right to do so.
Your use of the Services must comply with our Rules.
To access some or all of our Services, you may need to create an account. It’s important to keep your account secure. Safeguard your password, and ensure your account information is accurate and up to date. We recommend that you do not share your password with others.
If you are using the Services on behalf of another person or entity, you confirm that you are authorized to do so. In this case, the terms “you” or “your” refer to both you and the entity or individual on whose behalf you are using the Services.
To use our Services, you must be at least 13 years old.
Termination
You may stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services, with or without notice.
Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Apello.net and our officers, directors, agents, partners, and employees (collectively, the “Apello.net Parties”) from any claims, damages, losses, or expenses arising from your violation of these Terms or any rights of others (including intellectual property rights or privacy rights), or from your illegal activities. You agree to promptly notify the Apello.net Parties of any third-party claims, cooperate in defending those claims, and pay all related fees and costs, including legal fees. The Apello.net Parties have control over the defense or settlement of such claims.
Disclaimers — Service Provided “As Is”
We strive to provide great Services and content, but we cannot guarantee everything. Your use of the Services is at your own risk. The Services and any content provided are offered “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will be accurate, complete, reliable, or error-free.
We may provide access to third-party products, services, or content (“Third-Party Content”). However, we do not control or endorse Third-Party Content and make no representations or warranties regarding it. Use of Third-Party Content is at your own risk. Some jurisdictions do not allow certain disclaimers, so these may not apply to you.
Limitation of Liability
We do not exclude or limit our liability where doing so would be illegal, including for gross negligence, fraud, or intentional misconduct. In jurisdictions where such exclusions are not permitted, we are only liable for losses that are a reasonably foreseeable result of our failure to exercise reasonable care, or our breach of contract. This limitation does not affect consumer rights that cannot be waived or limited.
Resolving Disputes; Binding Arbitration
We prefer to resolve disputes informally. Before filing a claim against Apello.net, please contact us by sending a written notice to info@apello.net or by certified mail to:
Apello.net
4370 Chicago Dr. SW, Unit 118
Grandville, Michigan 49418
(888) 803 – 0833
The notice must include:
- Your name, address, email address, and phone number
- A description of the issue
- The specific relief sought
If the dispute is not resolved within 30 days, either party may initiate formal proceedings.
Please read this section carefully, as it requires arbitration for certain disputes and limits how you can seek relief. You can opt out of arbitration by following the instructions below.
(a) No Representative Actions: You and Apello.net agree that disputes are personal and must be resolved individually. Class actions, class arbitrations, or any representative proceedings are not permitted.
(b) Arbitration of Disputes: Except for small claims or disputes seeking injunctive relief for intellectual property issues, you and Apello.net agree to resolve all disputes (including privacy or data security issues) through binding arbitration instead of court. Arbitration will be held in Grand Rapids, Michigan, unless you are a consumer, in which case you may choose the county of your residence.
(c) Federal Arbitration Act: The Federal Arbitration Act governs this section, and the arbitrator has authority to make procedural and substantive decisions. The arbitrator can only conduct individual arbitrations, not class actions.
(d) Discovery and Confidentiality: The arbitration will allow for discovery of non-privileged information. All proceedings and decisions are confidential unless disclosure is required by law or court order.
(e) Jurisdiction: Any appeal or enforcement of arbitration must be filed in state or federal courts in Grand Rapids, Michigan.
(f) Time Limit for Filing: Disputes must be filed within one year of when the claim arose, or the claim is permanently barred.
(g) Opt-Out: You have 30 days from accepting these Terms to opt out of arbitration by sending an email to info@apello.net with your full name and address. Opting out means disputes will be resolved in court, not arbitration.
(h) Severability: If any part of this section is unenforceable, it will not affect the remaining provisions. If class action claims must proceed in court, they will be stayed pending the outcome of individual arbitration.
Governing Law and Venue
These Terms are governed by Michigan law, excluding its conflict of law principles. Any disputes not subject to arbitration or small claims court will be resolved in the courts of Michigan, specifically in Grand Rapids, Michigan.
Amendments
We may update these Terms occasionally. You will be notified of changes via email, in-product notifications, or by updating the “Last Revised” date at the top of these Terms. Unless stated otherwise, the updated Terms take effect immediately upon notice. If you don’t agree with the changes, you must stop using our Services.
Severability
If any part of these Terms is found to be invalid, the remaining provisions will remain in full effect.
Miscellaneous
Our failure to enforce any right or provision of these Terms will not waive that right or provision. These Terms, along with the other policies that apply to you, represent the complete agreement between us and supersede prior agreements. The section titles are for convenience and have no legal effect. “Including” means “including, without limitation.” These Terms are for the benefit of the parties and not for third parties. All communications and transactions may be conducted electronically.
Contact us:
Apello.net
4370 Chicago Dr. SW, Unit 118
Grandville, Michigan 49418
(888) 803 – 0833