The following terms and conditions govern the American Association of Private Lenders (AAPL)® Membership and the benefits available thereunder (the "AAPL Membership"). ALL PERSONS SUBSCRIBING TO THE AAPL MEMBERSHIP ARE URGED TO READ THE MEMBERSHIP TERMS & CONDITIONS CAREFULLY AND IF YOU HAVE ANY QUESTIONS TO CONTACT AN AAPL REPRESENTATIVE AT ATTN: MEMBERSHIP, AAPL, 7509 NW TIFFANY SPRINGS PKWY, SUITE 200, KANSAS CITY, MO 64153. This membership terms & conditions (the "Membership Terms & Conditions," or "Agreement") is made between American Association of Private Lenders, Inc. ("AAPL"), An Affinity Enterprise Group company with executive offices at 7509 NW Tiffany Springs Pkwy, Suite 200, Kansas City, MO., 64153 and the person registering for membership. ("you" or the "Member").
- Description of AAPL Services. Each Member is entitled to receive discounts and other benefits on specified private lending services and other products offered by participating vendors or partners. (“Member Benefits”)
- All Benefits, including, without limitation, a then current listing of participating vendors, are accessible online at http://www.aaplonline.com. To access Benefits or information related to Benefits or the AAPL from the Members Website, a Member will be required to be a member in good standing and enter his or her AAPL registered email address and password.
- Discounts and other Benefits available to Members are based upon negotiated group discounts from participating vendor's usual and customary fees, or on national or regional fees for such Product. Members actual savings and benefits may vary depending upon Member's physical location in the United States or Canada and the specific Benefit. Discounts and other Benefits available to Members may not be combined with discounts from any other discount program.
- All Benefits are subject to discontinuation, change, modification, improvement or substitution without notice and AAPL makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or erroneous information related thereto.
- AAPL has negotiated with the providers of Benefits in an attempt to acquire the best possible products, services and discounts for its members.
- The membership fee are non-refundable and payable for the Member's annual subscription to the AAPL Membership.
- Membership Term; Renewals. A Member shall be entitled to all of the Benefits available to Members of the AAPL Membership for the ensuing twelve-month period under the annual plan, commencing on the date of acceptance of the Member's application for enrollment for each twelve-month period thereafter (the "Membership Term"). AAPL reserves the right, at its sole discretion, to change the terms and conditions of this Agreement at any time, with or without notice to any Member, or to cancel this Agreement or the AAPL Service.
- Members must adhere with AAPL’s Code of Ethics, which is accessible at http://aaplonline.com/CodeofEthics, to ensure long-term viability and success of the industry. AAPL has the responsibility of reviewing and resolving complaints of alleged violations of the AAPL Code of Ethics.
- Members found to be in violation of AAPL’s Code of Ethics are subject to revocation of membership. The member will not receive a refund of membership fees nor any portion thereof.
- Members whose AAPL membership have been revoked may petition for reinstatement at the completion of the revocation period. Membership reinstatement must be in the best interest of the AAPL and those persons who will be served professionally.
- Electronic Disclosure and Consent. Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. AAPL will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided.
At your request, AAPL agrees to provide you with a paper copy of any amendments to this Agreement but AAPL will charge you a processing fee and a shipping fee for such service. You may request paper copies of required notices by sending such request to Attn: Membership, AAPL, 7509 NW Tiffany Springs Pkwy, Suite 200, Kansas City, MO. 64153.
- You have the right to withdraw this consent, but if you do AAPL will immediately terminate this Agreement and/or the AAPL Membership. To withdraw your consent, please contact AAPL by sending such request to Attn: Membership, AAPL, 7509 NW Tiffany Springs Pkwy, Suite 200, Kansas City, MO., 64153 or e-mailing AAPL at email@example.com.
- In order for you to access and retain this information, your system must meet the following requirements: (1) A PC or Macintosh compatible computer or other Internet-ready device, (2) Internet Access, (3) An Internet browser such as Chrome, Internet Explorer 4.0 or above, or another such equivalent Internet browser. In order for you to print or download disclosures you must have a printer connection from your PC or sufficient hard-drive space available to save the disclosures. Your submission of an online application shall constitute your acknowledgement that you have access to the software and hardware necessary to receive via electronic means these disclosures and notice of any changes to the software and hardware requirements.
- It is your responsibility to maintain accurate contact information in your member profile and contact AAPL immediately if your electronic or US postal mail address changes and you are unwilling or unable to update the information online. You can contact AAPL to inform AAPL of such changes through the website.
- AAPL Service Fee; Renewal Fees. AAPL will not be responsible for any fees or penalties associated with insufficient funds, bounced checks or any other form of fee due to a charge of the Membership Fee to a debit card provided by the Member.
- Right to Cancel; Refund of AAPL Service Fee. Members have the right to terminate this Agreement and membership in the AAPL at any time. A Member may cancel this Agreement and membership in the AAPL Service via e-mail to firstname.lastname@example.org; or by sending such request to Attn: Membership, AAPL, 7509 NW Tiffany Springs Pkwy, Suite 200, Kansas City, MO., 64153 or e-mailing AAPL at email@example.com. If Member cancels their membership before the end of a Membership Term for which Member has paid the Membership Fee, the Member will not receive a refund of such Membership Fee nor any portion thereof. Due to the nature of the services provided by AAPL (many of which are accessible immediately upon acceptance) it is understood that refunds will not be issued. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement or the AAPL Membership. If Member feels that they have been billed multiple times for the Member Service for one Membership Term, Member should promptly send notice of such, including all membership contact details, billing dates, transaction details and the credit card and/or debit card number that it was billed to Attn: Accounting, AAPL, 7509 NW Tiffany Springs Pkwy, Suite 200, Kansas City, MO., 64153 or to firstname.lastname@example.org.
- Disclaimer of Liability. Vendors. AAPL shall have no liability in regard to any services provided, or to be provided, by any non-affiliated third-party sponsor, affiliate or vendor ("Vendor"). All Vendors are independent contractors and not employees, partners or joint venture partners with AAPL. AAPL shall have no liability in regard to any Benefits provided, or to be provided, by any Vendor. You agree that claims with regard to services shall be made against the Vendor providing or performing such services and not AAPL. Although AAPL upon request by the member, will endeavor to intervene in conjunction with a member experiencing a problem or discrepancy with a Vendor, in the event any product or service purchased by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim. Member understands and acknowledges that AAPL cannot force vendors to provide any product, service or promotion and that Vendors are free to run their businesses as they see fit and begin/halt such efforts at their own discretion.
- AAPL Member Representation and Obligations. In return for the discounts and benefits available under the AAPL Membership, each Member acknowledges such Member's obligations to AAPL as follows: (a) you have read the "Membership Terms & Conditions" carefully, and understand the provisions of the AAPL Service and the billing method for the payment of the annual Membership Fee; (b) You may cancel your membership in the AAPL Service at any time prior to the conclusion of the then current Membership Term and will not be entitled to a refund of the pro rata unused portion of the Membership Fee, (c) the benefits of membership in the AAPL are not assignable without the express written consent of AAPL and you will use your membership only for professional use or for the benefit of your organization (registered through the AAPL Membership.) You agree not to share any proprietary information supplied you by the AAPL including but not limited to coupon codes, discounts, incentives, and the like to any third-party, individual, entity or institution. A violation of this provision will result in your forfeiture of membership in the AAPL Membership, potential legal action from AAPL and its Members and/or potential legal action from the Vendor; and (d) AAPL assumes no responsibility for the payment of or contribution to any use or sales tax on Benefits or Services that may be imposed by any state or federal taxing authority and such taxes, to the extent imposed, shall remain the sole responsibility of the Member or the direct provider of the Benefits, as the case may be.
- Governing Law; Arbitration. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Missouri. Any dispute arising between you and AAPL will be submitted to arbitration in the State of Missouri in accordance with the rules of the American Arbitration Association then in effect. Nothing herein stated shall deprive you of the benefits of your state's consumer protection laws.
- Disclaimer of Warranties. AAPL is not a merchant, manufacturer, or direct provider for many of the Benefits made available to Members. ACCORDINGLY AND UNLESS A VENDOR HAS AGREED OTHERWISE, ALL PRODUCTS, SERVICES, ADVICE, MERCHANDISE AND INFORMATION AVAILABLE TO MEMBERS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE ABOVE, NO WARRANTY OR GUARANTY IS GIVEN REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, CONTENT, DATA, SERVICE, ADVICE, SERVICE, PRODUCT OR MERCHANDISE PROVIDED OR AVAILABLE TO, OR PURCHASED BY MEMBERS THROUGH THE BENEFITS WEBSITE OR OTHERWISE THROUGH HIS OR HER MEMBERSHIP IN THE AAPL SERVICE.
- General Release. Each Member, for himself/herself, and on behalf of any person who uses the Benefits available through the AAPL Membership ("Membership Beneficiary"), hereby forever releases, acquits and discharges AAPL from any and all liabilities, claims, demands, actions and causes of action that such Member or such Member's legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all Benefits available through the AAPL Service. The sole recourse available to a Member, Membership Beneficiary or their legal representatives shall be the cancellation of the Membership.
- Receipt of Mail. AAPL cannot guarantee that it receives any mail that Member claims to have sent. Member should, at Member’s own expense, send any notices to AAPL in a form to ensure to Member that their communication arrived at AAPL, which form may include but not be limited to FedEx, UPS, USPS Return Receipt Requested and USPS Certified Mail.
- Entire Agreement. The foregoing Membership Terms & Conditions contain the entire terms and agreements in connection with Member's participation in the AAPL and no representations, inducements, promises or agreement, or otherwise, between AAPL and the Member not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby.
- Binding Effect. The foregoing Membership Terms & Conditions shall be binding upon and inure to the benefit of AAPL and the Member as well as their respective successors and permitted assigns.