APBOE, LLC
Website Terms of Use

Last Revised: December 28, 2023

The website located at https://www.apboe.com/, (the “Website”) is published, owned, and operated by APBOE, LLC its affiliates and related entities (the “Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern your access to and use of the Website.

These Terms include an arbitration clause. Please read these Terms of Use carefully before you start to use the Website.

By accessing, browsing, submitting information to and/or using the Website, as a buyer, seller, or general user, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you” or “your”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to these Terms, please do not use the Website.

1. Purpose of the Website.

   The Website is provided for the purpose of connecting sellers, looking for potential purchasers of their business, with potential buyers (the “Service”). In providing the Service, the Company may consider the buyers’ creditworthiness, as represented by the buyers’ PurchasingPower™ score (as defined below). In providing the Service, the Company does not make any final determinations about buyers’ eligibility for any purchase, and disclaims all liability, warranties or representation to the same.

   We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by the Company through the Website shall be handled in accordance with the Website’s Privacy Policy, which is hereby incorporated by reference.

2. Use of the Website.

   The Company grants you a non-exclusive right to access and use the Website and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise authorized by the Company to use the Website for commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.

3. The Service.

   You may create an account on the Website to use the Service. With an account created, sellers can post details about their business to the Website. The Company will then verify the seller information to ensure compliance with our policies. After this review is complete, buyers, at their sole discretion, will be able to review seller businesses. Additionally, buyers will provide their information in order to get a verified PurchasingPower™ score. The PurchasingPower™ score is determined on many factors. For more information on PurchasingPower™ scores, please review https://www.apboe.com/purchasing-power.html.

4. Relationship of Parties and Roles.

   In creating a user account, you acknowledge, accept and agree to the following:

   • Company uses its proprietary technology and capabilities to provide the Service to buyers and sellers.
   • Company is not a “consumer reporting agency” as that term is defined under the Fair Credit Reporting Act. No part of the Service involves the use of consumer reports or background checks.
   • Company makes no final eligibility determinations about any buyer.
   • Company makes no warranties or representations that any buyer will be selected by a seller to proceed with any transaction or contract.
   • Each seller is solely responsible for making all eligibility determinations regarding a particular buyer.
   • Each buyer is solely responsible for its choices of sellers and executing any further transactions or contracts.
   • Although we facilitate the matching of buyers with sellers, we are not a financial institution and therefore not subject to the requirements of the Gramm Leach Bliley Act (the “GLBA”) in the operation of this Website. Any financial institutions that use the Website and the Service will comply with all applicable laws, statutes, and regulations, including the GLBA.
5. User Account Responsibility.

   If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

6. Prohibited Uses. You agree that you will not:
   • Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;
   • Commit any crime or transact any illegal activities, including but not limited to theft or fraud.
   • Attempt to gain unauthorized access to any Website account, computer systems or networks associated with the Company or the Website;
   • Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by the Company;
   • Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
   • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
   • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
   • Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
7. Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls.

   You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number in accordance with the Company’s Privacy Policy. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions from the Company and as described in the Privacy Policy.

   Not all mobile devices or handsets may be supported by this service. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company.

8. Third-party Websites.

   The Website may contain links to websites controlled or operated by persons and companies other than the Company (“Linked Sites”). Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified in the Website, including any delivery of and payment for goods and services.

9. Linking to the Website.

   You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

   You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. We may also disable all or any social media features and any link at any time without notice in our sole discretion.

10. Third-party Applications.

    You acknowledge that your access and use of any third-party applications or software on our Website and Content (the “Third-party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.

11. Intellectual Property Notices.

    The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by the Company in these Terms. The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.

    Copyright. You should assume that everything you see or read on the Company’s Website is copyrighted unless otherwise noted and may not be used without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Company’s Website will not infringe the rights of third parties. Content, images, photographs, or illustrations displayed on the Company’s Website is either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Company’s Website. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

    Trademark. APBOE INDEX, Reg. No. 6015341, and APBOE ADVISORY PRACTICE BOARD OF EXCHANGE, Reg. No. 6198033, are registered trademarks owned by the Company, with other applications pending. Nothing contained on the Company’s Website should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Company’s Website without the written permission of the Company or such third party that may own a trademark displayed on the Company’s Website. Your misuse of the Company’s trademark(s) displayed on the Company’s Website, or any other Content on the Company’s Website, except as provided herein, is strictly prohibited.

    Your Content. Any Content you create or own or to which you have a license and use on the Website is Your Content. In sharing Your Content on the Website, you warrant and represent you have the legal right to use Your Content and grant the Company an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Website services as described in these Terms and in any posted policies on the Website. The Website services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Company systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.

    You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

    Questions regarding the use of any intellectual property provided on the Website should be directed to info@APBOE.com.

12. Website Subscriptions.

    You may have the option to purchase a subscription service through the Website. If you choose to purchase a subscription, the following terms shall apply:

    Registration & Authorized Users. In order to establish an active subscription, you must have a Website account (“APBOE Account”). Your subscription will be automatically validated each time you sign in to the Website. It is a condition of use of the Website and subscription that all information provided by you will be correct, current, and complete and will not violate any law. If the Company believes the details that you provided are not correct, current, or complete, or that you have otherwise violated these Terms, or any law, the Company has the right at its sole discretion to suspend, terminate, or refuse your access to the Website, APBOE Account, and/or our services.

    You are responsible for all activity occurring under your APBOE Account, including the devices that are used to access the Website. You are solely responsible for maintaining the confidentiality of the username and password to your APBOE Account. In addition, to prevent unauthorized access to your APBOE Account of the Website, you must maintain control over the devices used to access the Website or services and not reveal associated usernames and passwords or Payment Methods (as defined below) to anyone. The Company shall not be liable for any loss or damage arising from the use or misuse of your APBOE Account. You will be responsible for all activity on the Website resulting from use of your usernames and passwords. You acknowledge and agree that you are: (a) responsible for any breach of these Terms by you or any other individual using your APBOE Account; and (b) jointly and severally liable with each such user for any breach of these Terms.

    Fees and Payments. By using the Website and services, and selecting any services that we offer for a fee on a subscription basis, you accept the cost of the services that you have elected to pay, and you authorize the Company and/or its trusted third-party partners to process your payment from the credit or debit card or other payment source that you have identified through your APBOE Account (“Payment Method”). If you purchase any services that we offer for a fee, you agree to pay the Company, directly or via its designated third-party payment processor, all applicable fees as they become due plus all applicable related taxes. You may cancel your subscription from time to time as provided on the Website and in these Terms. We may refuse to renew any subscription.

    Unless otherwise agreed to in writing, if you select a service subject to a recurring monthly subscription fee for use of the Website and services (the “Subscription Fee”), notwithstanding any then-applicable payment arrangement, you agree to pay the Subscription Fee and any volume-based or consumption-based charges applicable to the services that you selected. Such Subscription Fees may vary depending upon the subscription plan selected by you. Your billing will be provided by the Company or its trusted third-party partners. The Subscription Fee may be billed immediately upon subscribing to our services and on an ongoing regular monthly basis unless you cancel the subscription. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e., in the event of a problem with your Payment Method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing your subscription. Current Subscription Fees associated with the Website and services can be found on the Website. The Company may change the Subscription Fee and adjust pricing for the services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We will notify you thirty days in advance of any change in Subscription Fees by posting such changes to the Subscription Fee on the Website. You accept the new fees by continuing to use the Website and services after the fee change takes effect. If you do not agree with the applicable price change, you have the right to reject the change by terminating its APBOE Account through the Website in accordance with these Terms.

    You may update your Payment Method with the Company at any time by accessing your APBOE Account. If at any time the Company is unable to charge your Payment Method for the Subscription Fee due to insufficient funds, expired or invalid APBOE Account details, or otherwise, you remain responsible for the cost of such Subscription Fee. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, the Company reserves the right to suspend your access to the Website and services until such time as the payment method has been updated and the Subscription Fee is duly paid.

    We reserve the right to retry or permit its third-party partners to retry billing your Payment Method after failed attempts (e.g., if Payment Method is rejected). We also reserve the right to pursue or permit our trusted third-party partners to pursue any amounts you fail to pay in connection with your subscription. If the Company is unable to collect your payment using one of the foregoing methods, the Company reserves the right to freeze or cancel your APBOE Account in its sole discretion. You will remain liable for all such amounts and all costs incurred in connection with the collection of any unpaid amount, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and litigation and/or arbitration costs.

    All information that you provide to register with the Company, including, without limitation, your Payment Method, is subject to the Company’s Privacy Policy. We may use a third-party payment service to charge your Payment Method. By submitting your information relating to your Payment Method, you grant the Company the right to store and process your information with the third-party payment service, which may change from to time. You agree that the Company will not be responsible for any failures of the third party to adequately protect such information. You acknowledge that we may charge (or use a third-party payment service to charge) your Payment Method for any applicable fees associated with your APBOE Account or other amounts owing to the Company in connection with your use or misuse of the services or Website. Without limiting the foregoing, if any payment or transfer you make from your APBOE Account is returned unpaid, you authorize the Company (or a third-party payment service) to make a one-time electronic fund transfer from your Payment Method to collect an amount equal to the fee charged for such return.

    YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ANY FEES AND FOR PROVIDING THE COMPANY WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR WEBSITE FROM TIME TO TIME.

    Cancellation. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME. If you cancel your subscription, the cancellation will become effective immediately.

13. United States Only.

    The Company is based in the state of Minnesota in the United States. The Company provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its contents are accessible or appropriate in any other jurisdictions. Access to the Website may not be legal by certain persons or in certain countries.

14. Disclaimer.

    ALL INFORMATION OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

15. Limitation of Liability.

    UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

16. Indemnity.

    You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

17. Termination and Restriction of Access.

    In its sole discretion, the Company may terminate or suspend your access to the Website for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.

18. Arbitration.

    At its sole discretion, the Company may require you to submit any disputes arising from use of the Website, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. By using the Website, you hereby consent to submission of any dispute to be final and binding arbitration.

19. Limitation on Time to File Claims.

    Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

20. Governing Law & Jurisdiction.

    These Terms are governed by the laws of the State of Minnesota. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Hennepin County, Minnesota, in all disputes arising out of or relating to the use of the Website.

21. Changes to these Terms of Use.

    The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).

22. General.

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.

    If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

    These Terms, including the Privacy Policy, Cookie Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

23. Company Contact Information.

    Questions can be directed to the Company at:

    APBOE, LLC
    294 Grove Lane East
    Suite 120
    Wayzata, MN 55391
    Email: info@APBOE.com