Terms and Conditions
Please note that the information about the Products provided through our Site is believed to be accurate, but neither Company nor our third party service providers (collectively “Third Party Providers”) warrant or guarantee such accuracy. THE INFORMATION PROVIDED THROUGH OUR SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE SITE, INFORMATION AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION FOR ANY ERRORS (E.G. TYPOGRAPHICAL ERRORS) OR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCTS, OR ANY INFORMATION ON OUR SITE. WE DO NOT WARRANT OR REPRESENT THAT THE SITE, THE PRODUCTS, OR ANY INFORMATION ARE ACCURATE, ERROR-FREE OR RELIABLE OR THAT YOUR USE OF THE SITE, THE PRODUCTS, OR INFORMATION WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. IF YOUR USE OF OUR SITE, THE PRODUCTS, OR THE INFORMATION RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, NEITHER WE NOR OUR THIRD PARTY PROVIDERS ARE RESPONSIBLE FOR THOSE COSTS OR ANY DAMAGES THAT RESULT FROM RELIANCE ON OR USE OF THE PRODUCTS OR INFORMATION PROVIDED THROUGH OUR SITE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Our Site, the Products and all information provided through our Site, including without limitation all derivatives, shall be and remain the property of Company or our Third Party Providers. Information includes all information such as the “look and feel” of our Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on our Site. You shall have no rights or interests in any of our or our Third Party Providers’ intellectual property rights, except as set forth in these Terms. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Products, our Site or the information provided therein.
Your Rights and Obligations
You may access our Site to acquire the Products. If you elect to pay for your purchase of Products by credit card, you are responsible for providing a valid credit card number at the time you register to pay. You represent and warrant that you are an authorized user of the credit card number provided, and you agree to pay all charges resulting from your order, including any unauthorized charges incurred prior to your notice to us of such charges. You agree that we may pass your credit card information and personally identifiable information to our designated Third Party Provider(s) (e.g., our payment processor) for its use in processing the credit card payment for the Products. We will comply and will ensure that our designated Third Party Provider(s) comply, with any credit card processing rules and privacy regulations.
Except as otherwise permitted under these Terms, you shall not (and shall not assist any third party to): (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from our Products or Site, or from any other information by any means whatsoever; (b) distribute, disclose or allow use of any of our Products or Site’s software or information in any format through any timesharing device, service bureau, network or by any other means, to or by any third party; or (c) modify or create a derivative work of our Products or Site or the information or any portion thereof. As a visitor to our Site or user of our Products, you are prohibited from posting or transmitting any threatening, obscene, libelous, unlawful or otherwise offensive material through our Site or our Products.
You further agree that you will not upload or transmit any communications or information of any type through our Products or Site that infringes or violates any rights of any third party. You may not use our Products or Site to send unsolicited commercial emails to any person. You agree not to collect or harvest any personally identifiable information from our Products or Site, nor to use the communication systems provided by our Products or Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of our Products or Site with respect to any submissions made by them.
You shall be solely responsible for providing, maintaining and ensuring compatibility with our Products’ or Site’s access requirements, all hardware, software, electrical or other physical requirements for your use of our Products or Site, including without limitation, mobile devices, telecommunications and internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the Internet or to access our Products or Site. You acknowledge and agree that from time to time our Products or Site may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes beyond our control. Additionally, because our Products and/or Site is accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. We are not responsible for any third party access requirements (e.g. your Internet provider).
Limitations On Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR THIRD PARTY PROVIDERS OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LITIGATION, OR ANY OTHER PECUNIARY LOSS, INCLUDING LOSS OF GOODWILL OR REPUTATION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR SITE, THE PRODUCTS, OR INFORMATION PROVIDED, WITH THE DELAY OR INABILITY TO USE OUR SITE OR PRODUCTS, OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY PRODUCTS OR INFORMATION PROVIDED THROUGH OUR SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR OUR THIRD PARTY PROVIDERS NOR AGENTS ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, THE PRODUCTS OR INFORMATION. If you are dissatisfied with the Site, the Products or information, your sole and exclusive remedy shall be for you to discontinue use of the Site, the Products and information.
Our Site may include hyperlinks to other websites or resources operated by third parties, including advertisers. We are not responsible for the content or accuracy of any such third party websites, nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products or services available on such external websites or resources.
You understand that you are solely responsible for (and that we have no responsibility to you or to any third party for) your breach of any obligations under these Terms and for the consequences including any loss or damage which we or our Third Party Providers may suffer due to any such breach.
You agree that you will not use our Products or Site for activities prohibited by applicable state, federal, international law or rules or regulations. We make no claims regarding our Products or Site outside of the United States. If you access our Products or Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of such jurisdiction.
Unless you have entered into a master services agreement with us under an Order Form for Products, these Terms constitute the entire agreement and understanding between you and us with respect to the purchase of Products through our Site or accessing our Site and any information provided thereon. These Terms supersede all prior and contemporaneous agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and assigns. These Terms and your user account, if any, may not be assigned without our express, prior written consent which may be withheld at our sole discretion. Notices under these Terms shall be in writing and shall be deemed given when: (i) delivered personally or by respected international carrier; or (ii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested. Notices sent by mail shall be mailed to Affnetz, Inc. 13570 Grove Drive #189, Maple Grove, MN 55311.
These Terms and the resolution of any dispute related to the terms of these Terms, including our Site, the Products or information, shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law provisions. Any dispute or claim regarding our Site, the Products, or information governed by these Terms shall be settled by arbitration in Hennepin County, Minnesota, at a time and location designated by the arbitrator. Arbitration will be conducted by the American Arbitration Association in accordance with its Rules of Commercial Arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will be selected from a panel of persons having experience with and knowledge of website sales. Nothing herein contained will bar either party from seeking equitable remedies in a state or federal court of competent jurisdiction sitting in Hennepin County, Minnesota. If we successfully enforce these Terms under arbitration or court action, you must pay reasonable costs and expenses of the arbitration or other action, including reasonable attorney’s fees and costs.
Our failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right. Should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.
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