THE APPLE TRUCK, LLC TERMS AND CONDITIONS
OVERVIEW OF TERMS
You are required to read the provisions in this User Terms and Conditions (these “Conditions”) and agree to it as it relates to your use of The Apple Truck LLC & “theapple-truck.com” or “theapple-truck.store” services and platforms, including your purchase of items through our website and your use of all our social media channels (collectively, our “Services”). Please, read all the terms and conditions.
In these Conditions, “The Apple Truck” or “we” or “us” or “our” refers to The Apple Truck and subsidiaries while “you” or “user” or “your” refers to anyone accessing our website and/or purchasing items through it.
Your use of our Services constitutes your acceptance of these Conditions. If, otherwise, you do not agree to be bound by provisions in these Conditions; you do not have our permission to use our Services, including accessing our website and purchasing from us.
2.1 Modifications to these Conditions: The Apple Truck reserves the right, at our discretion or due to developments, to amend, change, review, or modify a portion or whole of these Conditions from time-to-time (with or without notice to you). If you will be notified of any modification, it will be communicated to you via your email address as submitted when you purchase from us or contact us. Also, any modification to these Conditions will take effect by posting the modified portion to this page and updating the Last Updated date above. You are obligated to frequently review these Conditions to watch out for modifications to it.
2.2 Modification to our Services: In like manner, we reserve the right to modify or change a portion of any of our Services, including without limitation, changing the prices of the items and modifying or introducing a feature on the website. If we change the price of any item, such a price will not affect you if you have already placed an order for such an item prior to the changes.
ORDERS AND PAYMENTS
3.1 Placing orders on the website: To purchase an item on the website, you must provide certain personal information, including your shipping and billing information. Once you have provided all the necessary information, the order details, including the order number, will be made available to you. When you are issued with the order details, it does not mean we have accepted and processed your order. A notice of order approval will be forwarded to your email address if we approve the order. We reserve the right to cancel your order at any time if your payment obligation has not been met or you violate any provision under these Conditions.
3.2 Pricing: The items on the website are available in the US Dollars (USD) and are exclusive of shipping duties, and shipping fees. If you are to pay for shipping, it will be added to the price of the item upon checkout. The total fees for your order shall be listed in your order details, which shipping fees (if applicable), and shipping duties. However, this does not include the relevant payment method charges.
RESTRICTIONS ON USE OF SITE CONTENT
All content and materials contained in this Site or made available through the Service (“Content”), are protected by United States and international trademark and copyright laws, are owned or controlled by The Apple Truck, and must only be used for certain approved purposes as established by The Apple Truck. You may only view or download Content from this Site for your own use or as otherwise expressly authorized by The Apple Truck.
No Reproduction / Distribution
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Site or the Services is STRICTLY
PROHIBITED without the prior written consent of The Apple Truck or unless expressly permitted by this Site or the Services. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by The Apple Truck. The copying posting, linking, or other use of Content from this Site or the Services on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site or the Service can be made by contacting The Apple Truck in writing at the address listed below.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") of The Apple Truck or any third party displayed on the Site or on content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site's services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
Third Party Rights Trademarks, service marks, logos and icons owned by third parties are the property of those respective third parties. The Apple Truck and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.
You may be able to link from the Site to third party web sites and third-party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
PROHIBITED USER CONDUCT
We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or services; or (c) gain or attempt to gain unauthorized access to other computer systems through the Site. You agree to not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Site's services in violation of any applicable law or the legal rights of any third party. You further agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof.
You shall not (nor cause any third party to) use the Site or the Services to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation: (a) disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; (b) transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; (c) conducting any activity that would constitute fraud; (d) transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) use the Site or the Services to gain competitive intelligence about The Apple Truck, the Site, or any product or service offered via the Site or to otherwise compete with The Apple Truck.
You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Site, or your breach or violation of the law or of these Terms and Conditions. Company reserves the right, at its 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 Company's defense of such claim.
CONTESTS, SWEEPSTAKES, AND OTHER PROMOTIONS
Any contests, sweepstakes, raffles, surveys, games, or similar promotions (the “Contests”) made available through the Services are governed by specific rules that are separate from and in addition to these Terms. By participating in any such Contests, you will become subject to those rules, which may vary from these Terms set forth herein, and which are incorporated into these Terms.
The content available on the website (“Website Content”), including the logos and trademarks (“Marks”), are licensed to The Apple Truck and are subject copyright, trademark, and other intellectual property rights under the United State of America (“USA”), foreign laws, and international conventions. The Website Content include, but are not limited to, the source codes, database, website design, functionalities, videos, audios, texts, images, graphics, and items available on the website. The logos, designs, page headers, names, script, graphic, button icons and footers are registered trademarks or common law trade dress of The Apple Truck in USA and other parts of the world. The Apple Truck trademarks and trade dress may not be used in combination with any other products, services, or goods in a manner that is likely to cause confusion. You do not also have our permission to copy, imitate, or use it without getting written approval from us.
The Apple Truck provides the Website Content to users on “AS IS” basis for information and personal use purposes. Users may not copy, reproduce, distribute, advertise, transmit, license, sell, or exploit it for any other purposes without seeking written consent from us.
We permit users to send us reviews regarding the purchases they made from us. Reviews are done via our social media pages and our email address. By sending us reviews, you agree that the moral rights you have over the review has been waived by you and that we may request for reviews from you via the email address you submitted on the order form regarding your review.
Also, by sending us reviews, you agree that the reviews you have sent will not be:
Inaccurate, false, or misleading;
Reflective of a paid-for review;
Copied from another website or infringe on any third party’s copyright, trademark, privacy or other intellectual property rights;
Offensive, threatening, racial, or libelous; or
Contain any computer worms, virus, or other computer programs that are able to damage the website, or any network connected to it.
TERMINATION OF THESE CONDITIONS
The Apple Truck reserves the right to terminate these Conditions at any time for any reason, including for breach of the provisions in these Conditions or failure of the user to carry out their obligations.
Once these Conditions is terminated by us, any orders outstanding will be terminated/cancelled and the price paid to us refunded (if paid) – provided the item has not been delivered to the user.
ALTHOUGH WE ENSURE THAT THE WEBSITE AND OUR SERVICES ARE PROVIDED TO YOU WITH ACCURACY AND WITHOUT ERRORS; HOWEVER, WE CANNOT, AT ALL TIMES, GUARANTEE THESE. THEREFORE, THE WEBSITE, WEBSITE CONTENT, PRODUCTS, AND THE REST OF OUR SERVICES ARE PROVIDED ON “AS-IS” AND “AS AVAILABLE” BASIS. The Apple Truck DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE ITEMS, AND WEBSITE CONTENT IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, AND INTENDED PURPOSE. WE FURTHER DO NOT REPRESENT OR WARRANT THAT THE WEBSITE AND OUR SERVICES WILL ALWAYS BE WITHOUT ERRORS, BE UNINTERRUPTED OR THAT IT WILL MEET YOUR EXPECTATIONS. THE TOTAL RISK AS TO THE QUALITY AND FUNCTIONALITIES OF THE WEBSITE IS WITH YOU. FOR THE AVOIDANCE OF DOUBT, The Apple Truck, AT THIS MOMENT, DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
ON NO CIRCUMSTANCES SHALL The Apple Truck BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY LOSS OR DAMAGES YOU MAY SUFFER DUE TO BREACHES THAT WERE NOT CAUSED BY US, (II) ANY LOSS OF PROFIT, REVENUE, DATA, GOODWILL OR OTHER BUSINESS LOSSES, (III) INDIRECT OR CONSEQUENTIAL LOSSES THAT WE OR YOU WAS NOT ABLE TO FORESEE WHEN YOU STARTED USING OUR SERVICES. FURTHERMORE, The Apple Truck SHALL NOT BE LIABLE FOR ANY FAILURE OF DELAY TO PERFORM OUR OBLIGATIONS AS DESCRIBED UNDER THESE CONDITIONS IF SUCH FAILURE OR DELAY IS AS A RESULT OF CIRCUMSTANCES WHICH ARE BEYOND OUR REASONABLE CONTROL SUCH AS SEVERE WEATHER CONDITIONS, INTERNET BREAKDOWNS, WAR, ACTS OF GOD, GOVERNMENT EMBARGO, AND WEBSITE MAINTENANCE. HOWEVER, THIS DOES NOT AFFECT YOUR LEGAL RIGHTS REGARDING THE RIGHT TO RECEIVE YOUR ORDERED ITEMS OR GET A REFUND WHERE APPLICABLE.
CERTAIN STATE/COUNTRY LAWS DO NOT PERMIT SOME OR ALL OF THE LIMITATIONS STATED ABOVE. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.
The laws of the state of Michigan shall govern this Agreement without giving effect to conflict of laws principles. We agree that any dispute, claim, or disagreement between us shall be resolved exclusively by arbitration. Arbitration is a process in which persons with a dispute(s): (i) agree to submit their dispute(s) to a neutral third person (an “arbitrator”) for a decision; and (ii) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator. pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision.
THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
For purposes of this Arbitration Provision the words “dispute” and “disputes” are given the broadest possible meaning and include, without limitation (i) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (ii) all federal or State law claims, disputes or controversies, arising from or relating directly or indirectly to this Agreement (including the Arbitration Provision), the information you gave us before entering into this Agreement, and/or any past agreement or agreements between you and us; (iii) all counterclaims, cross-claims and third-party claims; (iv) all common law claims, based upon contract, tort, fraud, or other intentional torts; (v) all claims based upon a violation of any state or federal statute or regulation; (vi) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (vii) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, managers, or affiliated entities (hereinafter collectively referred to as “related third parties”), including claims for money damages and/or equitable or injunctive relief; (viii) all claims asserted on your behalf by another person; and/or (ix) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties.
All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association in effect at the time of the dispute. The cost of the arbitration will be born equally by the parties. The arbitration award will be final and binding and may be enforced by any court in Michigan jurisdiction.
Only disputes involving you and The Apple Truck may be addressed in the arbitration. This means that the arbitration may not address disputes involving other persons with disputes similar to the disputes between you and The Apple Truck.
The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under this agreement. All statutes of limitations that apply to any dispute shall apply to any arbitration between us. The Arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.
Binding Effect. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors, and assigns. The Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. The Arbitration Provision continues in full force and effect, even if your obligations have been prepaid, paid, or discharged through bankruptcy. The Arbitration Provision survives any termination, amendment, expiration, or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing.
Severability. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Provision, unless the provision precluding the arbitrator from conducting a class arbitration as set forth above is deemed invalid or unenforceable, in which case this entire Arbitration Provision shall be deemed void.
These Conditions represent the entire agreement and understanding between you and us, and it supersedes all previous communications and agreements between us both (whether oral or written) in relation to your use of our Services.
If any provision under these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions.
A failure to exercise or enforce our right at a point upon your breach of these Conditions does not subsequently waive our right to exercise or enforce such right on similar or other breaches.
Your use of our Services and the transfer of messages via email constitute electronic communications between us both. For contractual purposes, you hereby agree that all notices, agreements, policies and communications provided to you electronically satisfy any legal requirement that such communications be in writing unless the law specifically requires other forms of communication.