shutterstock_1409286710.jpg

TERMS

OF USE

Last Modified: 1 March 2021

Advantage Foundry Network, LLC

Terms of Use Agreement

Advantage Foundry Network, LLC is a California limited liability company (the “Company”, “AFN”, “us”, “we”, and “our”). This agreement supplements and incorporates our California Privacy Policy Agreement, Privacy Policy Agreement, Code of Conduct Agreement, and Terms of Use Agreement, all of which are found at found at www.afn.global and are incorporated herein by reference (collectively, the “Agreement”).

 

This Agreement governs your (“you”, “your”) access to and use of our all our websites, including all content, functionality (each, a “Website” and collectively, the “Websites”) and your access to and use of our other products and services, whether paid, unpaid, or free (the “Offerings” and collectively with the Websites, “Services”).

Read Carefully

Please read the Agreement carefully before you use the Services. By accessing or using the Services, you

accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement,

you must not access or use the Services. This Agreement may be updated from time to time for reasons

such as operational practices or regulatory changes, so we recommend that you review the Agreement

when returning to our Services.

The Services are offered and available to users who are 18 years of age or older. By using this Services,

you represent and warrant that you are of legal age to form a binding contract with AFN and meet all of

the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access

or use the Services.

Changes to the Agreement

We may revise and update these Agreement from time to time in our sole discretion. All changes are

effective immediately when we post them and apply to all access to and use of the Services thereafter.

Your continued access or use of the Services following the posting of revised Agreement means that you

accept and agree to the changes. You are expected to check this page from time to time so you are aware

of any changes, as they are binding on you.

Accessing the Services

We reserve the right to withdraw or amend the Services, and any service or material we provide on or in

connection with the Services, in our sole discretion without notice. We will not be liable if for any reason

all or any part of the Services is unavailable at any time or for any period. From time to time, we may

restrict access to some parts of the Services, or all Services, to users, including registered users. Your

sole remedy for dissatisfaction with the Services or any products, services, Content, or other information

available on or through the Services, is to discontinue using the Services.

You are responsible for both:​

  • Making all arrangements necessary for you to have access to the Services; and

  • Ensuring that all persons who access the Services through your internet connection are aware of these Agreement and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain

information. It is a condition of your use of the Services that all the information you provide on the

Services is correct, current, and complete. You agree that all information you provide, including, but not

limited to, through the use of any interactive features on the Services, is governed by our

Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy

Policy.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all

information, software, text, displays, images, video, and audio, and the design, selection, and arrangement

thereof) (the “Content”) are owned by AFN, its licensors, or other providers and are protected by United

States and international copyright, trademark, patent, trade secret, and other intellectual property or

proprietary rights laws.

These Agreement permit you to use the Services for your personal, non-commercial purposes only. You

must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform,

republish, download, store, or transmit any of the material on or accessible through the Services, except

as follows

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

 

You must not:​

  • Modify copies of any materials from the Services;

  • Use any illustrations, photographs, video or audio sequences, or any graphics;

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services;

  • Access or use for any commercial purposes any part of the Services or any services or materials available through the Services,

  • Circumvent or disable any content protection system or digital rights management technology used with any Services;

  • Decompile, reverse engineer, disassemble, or otherwise reduce any Services to a human-readable form;

  • Remove identification, copyright, or other proprietary notices in or on the Services;

  • Access or use and Services in an unlawful or unauthorized manner, or in a manner that suggests an association with our content, products, services, or brands, unless you have an executed agreement with us that allows for such activity;

  • Use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Services or any part thereof, except as expressly authorized in this Agreement or as part of the Services provided to you;

  • Introduce a virus or other harmful component, or otherwise tamper with, impair, or damage any Services or connected network, or interfere with any person or entity’s use or enjoyment of any of the Services;

  • Access, monitor, or copy any element of the Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or

  • Sell, resell, or make commercial use of the Services, unless you have an executed agreement with us that expressly allows for such activity.

 

Violation of any of the above constitutes a breach of the Agreement, your right to use the Services will

stop immediately and you must, at our option, return or destroy any copies of the materials you have

made. No right, title, or interest in or to the Services or any content on the Services is transferred to you,

and all rights not expressly granted are reserved by AFN. Any use of the Services not expressly permitted

by these Agreement is a breach of these Agreement and may violate copyright, trademark, and other laws.

Trademarks

AFN name and all related names, logos, product and service names, designs, and slogans are

trademarks of AFN or its affiliates or licensors. You must not use such marks without the prior

written permission of AFN. All other names, logos, product and service names, designs, and slogans

on this Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Agreement. You agree

not to use the Services:

  • 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);

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

  • To impersonate or attempt to impersonate AFN, a AFN employee, another user, or any other person or entity (including, without limitation, by using email 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 Services, or which, as determined by us, may harm AFN or users of the Services, or expose them to liability.

 

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;

  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;

  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Agreement, without our prior written consent;

  • Use any device, software, or routine that interferes with the proper working of the Services;

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services

  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack or

  • Otherwise attempt to interfere with the proper working of the Services.

Monitoring and Enforcement; Termination

We have the right to do any of the following:​

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; or

  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Agreement.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities

or court order requesting or directing us to disclose the identity or other information of anyone posting

any materials on or through the Services. YOU WAIVE AND AGREE TO INDEMNIFY AND HOLD

HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS

FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE

FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY

EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content

provided by any user or third party. We have no liability or responsibility to anyone for performance or

nonperformance of the activities described in this section.

Third-Party Services

Certain Services may integrate, be integrated into, or be provided in connection with third-party websites,

services, content, and/or materials (“Third-Party Services”). We do not control any Third-Party

Services. We additionally make no claim or representation regarding the Third-Party Services and accept

no responsibility for, the quality, content, nature, applicability for any particular purpose, or reliability of

Third-Party Services accessible from the Services. There is no implied affiliation, endorsement, or

adoption by AFN of these Third-Party Services and we are not be responsible for any content provided on

or through these Third-Party Services. You should read the terms of use and legal agreements that apply

to these Third-Party Services.

Reliance on Information

The information presented on or through the Services is made available solely for general information

purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance

you place on such information is strictly at your own risk. We disclaim all liability and responsibility

arising from any reliance placed on such materials by you or any other visitor to the Services, or by

anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users,

bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements

and/or opinions expressed in these materials, and all articles and responses to questions and other content,

other than the content provided by AFN, are solely the opinions and the responsibility of the person or

entity providing those materials. These materials do not necessarily reflect the opinion of AFN. We are

not responsible or liable to you or any third party for the content or accuracy of any materials provided by

any third parties.

Assumption of Risk

You agree and understand that their participation in the Services may involve risks. These risks may lead

to tangible or intangible harm, and you agrees that these risks may result not only from your own actions

but also from the actions of others. With the knowledge and understanding of these risks, you choose, of

their own will and volition, to use or participating in the Services.

Changes to the Services

We may update the content on this Services from time to time, but its content is not necessarily complete

or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under

no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on this Services is subject to our Privacy Policy. By using the Services, you

consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Services and Social Media Features

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.

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Services;

  • Send emails or other communications with certain content, or links to certain content, on this Services; or

  • Cause limited portions of content on this Services to be displayed or appear to be displayed on your own or certain third-party websites.

  • You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you;

  • Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;

  • Link to any part of the Services other than the homepage; or

  • Otherwise take any action with respect to the materials on this Services that is inconsistent with any other provision of these Agreement.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We

reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are

provided for your convenience only. This includes links contained in advertisements, including banner

advertisements and sponsored links. We have no control over the contents of those sites or resources, and

accept no responsibility for them or for any loss or damage that may arise from your use of them. If you

decide to access any of the third-party websites linked to this Services, you do so entirely at your own risk

and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

The owner of the Services is based in the State of California in the United States. We make no claims that

the Services or any of its content is accessible or appropriate outside of the United States. Access to the

Services may not be legal by certain persons or in certain countries. If you access the Services from

outside the United States, you do so on your own initiative and are responsible for compliance with local

laws.

Accurate Information

You agree and verify that all information you give us and our representatives is accurate, up to date, and

without the omission of any requested information, and that even if you have omitted any necessary

information, whether knowingly or unknowingly, you will hold AFN harmless against all responsibility

and liability for any damages that may occur to you or others because of such inaccurate or incomplete

information.

No Guarantee

Except as may be otherwise agree to in writing by both you and us, you understand and agree that we

offer the Services with no guarantee of results of any kind. You agree that any results, whether positive or

negative, or lack thereof, are not AFN’s responsibility and that AFN shall bear no liability or

responsibility of any kind for such.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from

the internet or the Services will be free of viruses or other destructive code. You are responsible for

implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus

protection and accuracy of data input and output, and for maintaining a means external to our site for any

reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY

MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE, ITS CONTENT, AND ANY CONTENT OR RESULTS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE, ITS

CONTENT, AND ANY CONTENT OR RESULTS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR

AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE, ITS CONTENT, OR ANY CONTENT OR RESULTS THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR

SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH

OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL AFN BE LIABLE FOR DAMAGES UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE MEMBERSHIP SERVICES IN EXCESS OF THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless AFN, its affiliates, licensors, and service providers,

and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers,

successors, and assigns 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 Agreement or your use of the Services, including, but not limited to, your User Contributions,

any use of the Services’ content, services, and products other than as expressly authorized in these

Agreement, or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Agreement, and any dispute or claim arising therefrom or

related thereto (in each case, including non-contractual disputes or claims), shall be governed by and

construed in accordance with the internal laws of the State of California without giving effect to any

choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Agreement or the Services shall be

instituted exclusively in the federal courts of the United States or the courts of the State of California in

each case located in San Francisco, California. You waive any and all objections to the exercise of

jurisdiction over you by such courts and to venue in such courts.

 

Waiver and Severability

No waiver by AFN of any term or condition set out in these Agreement shall be deemed a further or

continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of

AFN to assert a right or provision under these Agreement shall not constitute a waiver of such right or

provision.

If any provision of these Agreement is held by a court or other tribunal of competent jurisdiction to be

invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the

minimum extent such that the remaining provisions of the Agreement will continue in full force and

effect.

Entire Agreement

The Agreement constitutes the sole and entire agreement between you and AFN regarding the Services

and supersede all prior and contemporaneous understandings, agreements, representations, and

warranties, both written and oral, regarding the Services.

 

Severability

If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent

arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such

condition, the remainder of this Agreement shall continue in full force.

 

Your Comments and Concerns

All notices of copyright infringement claims and other feedback, comments, requests for technical

support, and other communications relating to the Services should be directed to: website@afn.global.