2. Use of Software: Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or are included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).
3. Use of Materials: You may download, store, display on Your computer, view, listen to, play and print Materials that Affidio publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for Your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
5. Security, Passwords and Means of Accessing the Site and Content: You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Affidio accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Affidio accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Affidio accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Affidio accounts, computer systems or networks without Affidio’s express written permission.
8. Monitoring: Affidio has no obligation to monitor the Site or screen Content that might be shared on or through the Site. However, Affidio reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion. Affidio may remove Content that is confidential or proprietary to a third party without that third party’s permission.
10. Third Party Web Sites, Content, Products and Services: The Site provides links to web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Affidio is not responsible for third party Content provided on or through the Site or for any changes or updates to such third party sites, and You bear all risks associated with the access to, and use of, such Web sites and third party Content and/or the Software.
11. Disclaimer: EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFFIDIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. AFFIDIO MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. AFFIDIO SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT. AFFIDIO RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
12. Limitation of Liability:
(a) IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, THIRD-PARTY CONTRACTORS, THIRD-PARTY LICENSORS, OR SUCCESSORS, BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, NOR FROM ANY DAMAGES ARISING FROM DELAY; LOSS OF GOODWILL; LOSS OF OR DAMAGE TO DATA; INTERRUPTION IN USE OR AVAILABILITY OF DATA; LOSS OF USE OF MONEY OR USE OF PRODUCTS; LOST PROFITS, REVENUE, OR SAVINGS (ACTUAL OR ANTICIPATED); OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH OUR PLATFORM, OUR TECHNOLOGY, OR THIS AGREEMENT.
(b) EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH ANY BREACH BY US OF THE AGREEMENT IS TO DISCONTINUE USING THE PLATFORM. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OR AS OTHERWISE ALLOWED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT WILL NOT EXCEED THE SUM OF ALL AMOUNTS PAID OR PAYABLE BY YOU TO AFFIDIO IN THE TWELVE (12) MONTHS PRIOR TO THE TIME A CLAIM IS BROUGHT.
(c) UNLESS OTHERWISE ALLOWED BY LAW, YOU AND AFFIDIO AGREE THAT ANY CAUSE OF ACTION ARISE OUT OF OR RELATED TO OUR PLATFORM, TECHNOLOGY, OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(d) THE LIMITATIONS OF LIABILITY UNDER THIS SECTION SHALL APPLY REGARDLESS OF WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT); REGARDLESS OF WHETHER AFFIDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY; AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. TO THE EXTENT THAT THE DISCLAIMERS AND/OR LIMITATIONS SET FORTH HEREIN ARE NOT PERMITTED UNDER APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH AND THE EXTENT OF AFFIDIO LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
14. Persons Not of Age of Majority: Persons who are not of the age of majority are not eligible to use the Site, and Affidio ask that no information in relation to such persons be submitted to us.
15. ACKNOWLEDGMENTS OF RESPONSIBILITIES: You represent and warrant that You will comply with all applicable local, state, national, and foreign laws, treaties, and regulations in connection with their use and access of the Platform, including, without limitation, Federal Trade Commission implementing regulations, the Gramm-Leach Bliley Act, the Fair Credit Reporting Act, the Federal Trade Commission Act, the CAN-SPAM Act of 2003, as amended, the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Federal Communications Act, the Amended Telemarketing Sale Rule (“ATSR”), 16 CFR 310 et seq., and those governing the National Do Not Call Registry, and all rules and regulations promulgated under any of the foregoing.
You represent and warrant that You will not use the Software to violate any laws or regulations or infringe the intellectual property or other rights of third parties; (v) You will not transmit material that contains viruses or other harmful computer code or files in connection with Your use of the Software nor will you use the Software in connection with any defamation, libel, slander, obscenity or violation of the rights of privacy or publicity, promotion of violence, hatred, or racial or religious intolerance, or any other offensive, harassing or illegal conduct.
16. Availability of Products: Information on the Site may reference or cross-reference Affidio products, programs, or Software that might not be available in Your location. Such references do not imply that Affidio plans to make such products, programs, or Software available in Your location. Please contact Your Affidio for more information.
956 3 Mile Road NW
Grand Rapids, MI 49544
Phone Number: (PLACE PHONE NUMBER HERE)
Email: (PLACE EMAIL ADDRESS HERE)