AFS Technologies Website Terms of Use

AFS Technologies Website Terms of Use

Last Modified:  March 5, 2015

AFS Technologies, Inc. (“AFS”, or “we”, “us”, or “our”, as applicable) provides www.afsi.com (the “Website” or “Site”) for your information.  In this document, “use of the Website” or similar language means your accessing the Website, sending or receiving email or other electronic communications to or from us, conducting transactions, accessing software-as-a-service, and other similar events or services offered in connection with the www.afsi.com domain.

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF USE SET FORTH BELOW.  PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.  YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PROMPTLY EXIT THIS SITE.  Your use of the Website may also be governed by one or more license agreements between you and AFS; to the extent there is a conflict between these Terms of Use and a license agreement between you and AFS, the terms of such license agreement shall control. 

  1. Amendment to Terms of Use.   We reserve the right to amend these Terms of Use from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Use on the Website. We may not notify Website visitors of any such amendments by e-mail or other personal contact.  You are responsible for reviewing these Terms of Use upon each visit to the Website. You can determine if the Terms of Use have been revised since your last visit by referring to the “Last Modified” date at the top of this document.
  1. Restrictions on Use. All pages within this Website and any material made available for download or access are the property of AFS Technologies, Inc. (“AFS”) and/or its affiliates or licensors.  The Site is protected by federal and international copyright and trademark laws.  No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of AFS.  The Site is intended for your own personal use or the internal use of your business.  You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. 

Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by AFS.

  1. Trademark Notice. AFS TECHNOLOGIES®, AFS™, the AFS logos, designs, and other marks used on the Site are logos, trademarks, and service marks of AFS.  Other trademarks, service marks and logos used in this Site, including the marks and logos on the “Client Solutions” page of the Website, are the trademarks, service marks or logos of their respective owners.
  1. User Representations; Prohibited Uses. You represent and warrant that (a) your use of the Website is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) the information you provide to us is correct; (c) you have the legal right and ability to enter into these Terms of Use and to use the Website in accordance with these Terms of Use; and (d) your use of the Website shall be in accordance with these Terms of Use and all applicable laws, rules or regulations.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • To send, knowingly receive, upload, download, use or re-use any material which violates these Terms of Use;
  • To impersonate or attempt to impersonate AFS, an AFS employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Trusted Luxury or users of the Website or expose them to liability.

Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

  1. Warranty; Limitation of Liability. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

AFS, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “AFS PARTIES”) FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO AND/OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, OR (II) THE USE OF ANY INFORMATION OR MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ALL SERVICES OF AFS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED DOLLARS).

Although AFS attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site.  It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.  In the event that an inaccuracy arises, please inform AFS so that it can be corrected.  Information contained on the Site may be changed or updated without notice.

  1. Proprietary Information. By sending AFS any information or material, you grant AFS an unrestricted, irrevocable, world-wide, royalty free license to any copyrights, trademarks, trade secrets, and patented or patentable information contained in such information or material, and you also agree that AFS is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.  By sending AFS any information or material, you warrant that such information and material is free from viruses, worms, trojan horses, and other items of a destructive nature, and you assume liability for all direct or indirect damage caused by such information and material.
  1. Links to Other Sites. AFS makes no representations whatsoever about any other website that you may access though this Site.  When you access a non-AFS website, please understand that it is independent from AFS, and that AFS has no control over the content on that website.  In addition, a hyperlink to a non-AFS website does not mean that AFS endorses or accepts any responsibility for the content, or the use, of the linked website.  .
  1. Site Access.          AFS reserves the right to limit full or partial access to the Site to any user at the sole discretion of AFS.
  1. Personal Information.    AFS may use personal information subject to the terms of the AFS Website Privacy Policy http://www.afsi.com/privacy-policy/.  AFS may monitor and track use of the Site and information entered thereon subject to the Website Privacy Policy.  By entering or using the Site, you agree that you have read and are subject to the terms of the Website Privacy Policy.
  1. Indemnification. You will indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, representatives, successors, and assigns harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with your (a) failure to comply with any of these Terms of Use or (b) use of the Website. These defense and indemnification obligations will survive these Terms of Use and your use of the Website. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms of Use or the Website.
  1. Choice of Law and Venue; Severability. These Terms of Use are entered into in the State of Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona, exclusive of its choice of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Maricopa in the State of Arizona, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.  In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.