ATHLETES FOR FREEDOM FOUNDATION
TERMS OF SERVICE
Last Updated November 24, 2020
IMPORTANT NOTICE: THIS IS A LEGALLY-BINDING CONTRACT. THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS AND WILL BE WHOLLY AGREED TO BY YOU THROUGH USE OF THE AFF WEBSITE OR SERVICES. ADDITIONALLY, THESE TERMS OF SERVICE WILL WHOLLY GOVERN YOUR RELATIONSHIP WITH AFF AND YOUR USE OF ITS WEBSITE AND/OR SERVICES.
IF YOU DO NOT WHOLLY AGREE TO THE TERMS OF SERVICE HEREIN, DO NOT USE ANY AFF SERVICES!
PLEASE READ CAREFULLY.
These Athletes for Freedom Foundation, a Virginia nonstock corporation with IRS Code 501(c)(3) tax exempt status currently pending (“AFF”) Terms of Service (“Terms of Service”) govern Access and/or Use of AFF Services and Website by You and all other Authorized Users. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles.
Key Term Definitions
Access and/or Use: The act of electronically visiting the Website and/or taking advantage of Services or any information provided by AFF.
Authorized Users: Your employees, Your affiliates and their employees, and contractors providing professional services to You.
Service(s): All AFF services, including, but not limited to, all applications (apps), content, documents, graphics, information, products, text, and all other elements or features offered through the Website or any device.
Users: All individuals, partners, or groups, including all business, commercial, non-profit, organizations or entities in whatever form, whether legally recognized or not, who Access, Use, or take advantage of AFF Services. For the avoidance of doubt, this definition also includes You where applicable.
Website: Any website(s) owned or operated by AFF, including, but not limited to, the AFF website located at https://www.athletesforfreedom.org/.
Note that any Key Terms may be used cumulatively and together to affect the required meaning. For example, “Website Services” includes both Key Terms “Services” and “Website” and should be read together to mean: AFF Website Services and Services in general.
OVERVIEW OF AFF SERVICES
The AFF Services consist of facilitating donations to support athletes that have been persecuted and oppressed because of their active social stance, through a variety of channels, including at https://www.athletesforfreedom.org/ and with other non-profit and social institutions with similar missions. Should You have any questions concerning the AFF Services or the capabilities thereof, be in need of technical support services, or wish to contact AFF for any other reason, please send an email to email@example.com.
2. ACCEPTANCE OF TERMS OF SERVICE
Once accepted, these Terms of Service are a legally-binding agreement between You and AFF regarding Use of the Website as made available by AFF and/or its authorized licensor(s) (“Licensor(s)”) and Services. AFF makes available its Website and Services for Your Use subject to the terms and conditions set forth in these Terms of Service.
By Accessing and Using the AFF Website and Services, You AGREE to be bound by and to ACCEPT the Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website. If You do NOT AGREE to ALL the terms and conditions contained in the Terms of Service, You should NOT Use or take advantage of any AFF Services.
If You do NOT AGREE to any additional specific terms which apply to particular Content (as defined in Section 2.2 hereof) or to particular transactions concluded through AFF Website or Services, then You should NOT Use the part(s) of the Website or Services which contain such Content or through which such transactions are concluded. Additionally, when Using or Accessing any AFF Services, should You visit another website or obtain any products, applications or services from another entity or provider, whether free of charge or for payment, You will be subject to the third-party guidelines and conditions applicable to such products, applications or services, and NOT these AFF Terms of Service.
2.1.Type of License. You are granted a revocable, non-exclusive, limited license to Use the AFF Website and Services as outlined and detailed in Section 4, below.
2.2.Updates to Terms of Service. The Terms of Service may be amended by AFF at any time upon notice provided by any of the following means: (i) through a posting on the main page of the Website; (ii) during the purchase process for a AFF product or Service; or (iii) through a click-through window displayed when You Use the Services. Specific terms and conditions may apply to specific content, services, products, materials, or information contained on or available through the Website and Services (the “Content”), or to transactions concluded via the Website. Such specific terms may be in addition to these Terms of Service, or, where inconsistent, only to the extent that the Content or intent of such specific terms is consistent with the Terms of Service, and then such specific terms will prevail. Please check the Terms of Service regularly to ensure that You are aware of all terms governing Your Use of the AFF Website and Services.
AFF reserves the right to make changes or updates with respect to the Website, or to the Content or the format thereof at any time without notice. AFF also reserves the right to terminate or restrict access to the Website and its Services or any portion thereof for any reason whatsoever in its sole discretion.
3. USER WARRANTIES AND OBLIGATIONS
3.1. Agreement of Use. You AGREE to Use the AFF Website and Services only for purposes permitted by the Terms of Service and subject to any applicable law, regulation or generally accepted practices or guidelines in all relevant jurisdiction(s). Specifically, You AGREE and warrant that in Using AFF Website and Services, Your actions do not contravene the laws, rules, or regulations of (i) the country, state, or locality where You reside, or (ii) the country, state, or locality where AFF is located or operates. This warranty includes complying with applicable export and import restrictions as well as any other restrictions.
3.2.Prohibited Conduct. You AGREE not to Use or permit Use of AFF Services, via email, posting, publishing, uploading, or otherwise transmitting any data or material, for any purpose that may (i) menace or harass any person or cause damage or injury to any person or property; (ii) involve the publication of any material that is false, defamatory, harassing or obscene; (iii) violate privacy rights or promote bigotry, racism, hatred or harm; (iv) constitute unsolicited bulk email, “junk mail”, “spam” or chain letters; (v) constitute an infringement of intellectual property or other proprietary rights; or (vi) otherwise violate applicable laws, ordinances or regulations. AFF reserves the right to disable, remove, or revoke access to You for posting, sharing, or promoting any material that violates the foregoing restrictions or the Terms of Service. AFF shall have no liability to You in the event that AFF takes such action. You AGREE to defend and indemnify AFF against any claim arising out of a violation of Your obligations under Section 3, hereof.
VIOLATION OF THE FOLLOWING TERMS WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO THE WEBSITE AND SERVICES. WHILE AFF PROHIBITS CERTAIN CONDUCT AND CONTENT ON THE AFF WEBSITE, YOU UNDERSTAND AND AGREE THAT AFF CANNOT BE RESPONSIBLE FOR CONTENT POSTED, SHARED, OR TRANSMITTED ON THE SERVICES THAT VIOLATES THESE PROHIBITIONS AND YOU NONETHELESS MAY BE EXPOSED TO SUCH CONTENT. YOU AGREE TO USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. BY USING THE AFF WEBSITE AND SERVICES, YOU AGREE NOT TO:
Share Your Login ID or password, except with Authorized Users;
Remove or modify any Website markings or any notice of AFF’s (or a Licensors’) proprietary rights;
Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services, or Access or Use the Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to AFF;
Use the Website or Services in any manner that in AFF’s sole discretion could damage, disable, overburden, or impair it or interfere with any other User’s Use and enjoyment of the AFF Website or Services;
Misrepresent the source, identity, or content of information transmitted via the AFF Website or Services, for example, claiming to be someone that You are not;
Send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages;
Disrupt or interfere with any other User’s enjoyment of the Website and Services or affiliated or linked sites;
Upload, post, or otherwise transmit through the Website and Services any viruses or other harmful, disruptive, or destructive codes or files;
Access or attempt to Access any Content or User Content, which You are not authorized to Access under the Terms of Service;
Disrupt or interfere with the security of, or otherwise cause harm to the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks; or
Copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other methods, except as expressly provided herein, any party of the Website and/or Services.
4. LIMITED LICENSE TO USE
4.1. Limited License. You are granted a personal, worldwide, revocable, limited, non-assignable, non-exclusive, non-transferrable, and non-sublicensable license (“License”) to use the AFF Website and Services, so long as Your Use of such Services is expressly permitted in these Terms of Service. AFF reserves the right to revoke Your License upon the breach of these Terms of Service or upon a good faith belief that Your Use of AFF Services will be injurious to AFF, others, Users, the public, or in violation of the Terms of Service. Additionally, the License is not a sale of any of AFF intellectual property owner’s rights.
4.2. Use Restrictions. Your License to Use AFF Services may ONLY be used by You and Authorized Users. You may not lease, lend, rent, sub-license, or transfer any of Your rights to Use AFF Services or any data received stemming from Your Use of the License.
5.ACCESS AND FEATURES
Accurate Information. In order to use AFF Services, You must provide certain information to AFF in order to Access the full range of features offered by the Website and Services. In creating a providing such information, You AGREE to submit accurate, current, and complete information and keep this information frequently updated.
6.USER CONTENT AND ACTIVITY
6.2.User-Uploaded Content. AFF allows Users to upload User Content through Use of the AFF Services, and, if and as applicable, a direct upload from a computer or through online, cloud-based platforms. Whether uploaded directly through AFF Services or a computer or a cloud-based platform, AFF shall not be responsible for any corruption of files, loss of data, breach of security, hacks, viruses, or any similar compromises of data You experience; this liability will solely fall upon the User and/or any third-party platform or service said User uses in order to upload User Content onto the AFF Website or Services.
6.3.Monitoring of User Content. Unless stated otherwise in these Terms of Service, AFF does not actively review, inspect, edit, or monitor any User Content posted, stored, or accessed by You or any other User of the Website or Services. However, AFF reserves the right, solely upon its own sole discretion, to refuse, remove, edit, or disable access to User Content that AFF learns may be illegal or may violate the Terms of Service, although it has no obligation to do so. AFF’s action or inaction to regulate User Content or conduct, or to enforce against any potential violation of the Terms of Service by any User (or any other third party), does not waive AFF’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar User Content, conduct, or potential Terms of Service violation.
6.4. Responsibility for User Content. AFF does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for Your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It Your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that Your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe any third-party proprietary rights. You are also responsible for any User Content that You post or transmit.
6.5. Prohibited User Content. Types of User Content prohibited from the Website and Services includes but is not limited to: (i) illegal content; (ii) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (iii) offensive content (including, without limitation, defamatory, threatening, or questionable pornographic content); (iv) content that discloses another natural person’s personal information or confidential or proprietary information without that person’s permission; (v) fraudulent content; or (vi) malicious content such as malware or spyware. Should You discover or come across content that You believe violates Section 6 hereof, or the Terms of Service, please contact AFF at firstname.lastname@example.org.
6.6. Right to Retain Copies. AFF reserves the right to retain a copy of all User Content that You post, upload, or submit to the AFF Website or through its Services for any legitimate purposes as AFF may have, such as defending itself from legal claims.
6.7. Digital Millennium Copyright Act (DMCA). AFF takes seriously all alleged copyright infringements and will respond accordingly to notices of any and all alleged copyright infringement that complies with applicable international intellectual property law (including the DMCA, which is applicable in the United States). If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide AFF’s Copyright Agent with the written information specified below (collectively, “Notice”):
A description of the allegedly infringing material and where said material is located on the Website;
A description of the copyrighted work that has potentially been infringed upon;
Your address, telephone number, and email address;
A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are either (i) the copyright owner or (ii) authorized to act on the copyright owner's behalf; and
An electronic or physical signature by the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
AFF’ Copyright Agent for Notice of claims of copyright infringement on the Website and/or Products should be contacted as follows:
Name: Dmitri I. Dubograev, Esq.
Address: 901 North Pitt Street #325
Alexandria, VA 22314
For clarity, only DMCA Notices should go to the Copyright Agent. Any Feedback, general inquiries, technical support inquiries, or any other non-DMCA communications sent to the Copyright Agent may never reach AFF. You ACKNOWLEDGE that if You fail to supply the abovementioned information in Your Notice to the Copyright Agent Your DMCA notice may not be valid.
*Please note that the above procedure is the exclusive procedure for notifying AFF and its affiliates that Your copyrighted material may have been infringed.
6.8.Counter-Notice. If You believe that Your User Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and/or use the material in Your User Content, You should send a counter-notice containing the following information to the Copyright Agent:
Identification of the User Content that has been removed or to which access has been disabled, and the location at which the User Content appeared before it was removed or disabled;
A statement that You have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification;
A statement that You consent to the jurisdiction of the Federal court in the City of Alexandria, Virginia, and a statement that You will ACCEPT service of process from the person who provided Notice of the alleged infringement;
Your name, address, telephone number, and email address; and
Your physical or electronic signature.
If a counter-notice is received by the Copyright Agent, AFF may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member, or User, AFF must replace or restore access to the removed User Content within 10 to 14 business days upon receipt of the counter-notice.
7.1.Payment Systems. If and as applicable, AFF may accept PayPal, credit/debit cards, and any other payment providers (as AFF may make available) for donations within the Services. The payment terms and obligations, of any payments made through the Services shall be clearly provided at the time of purchase.
7.2.Tax. Athletes for Freedom Foundation is a Virginia nonstock corporation with Internal Revenue Code Section 501(c)(3) tax exempt status currently pending. Once such status is approved, donations made pursuant to Internal Revenue Code Section 501(c)(3) will be tax deductible. Nothing in these Terms of Service is intended to be legal, financial, or tax advice. Please consult a tax professional and/or an attorney.
7.3. Billing/Contact Information. The responsibility of providing accurate and complete billing and contact information stemming from any donations falls solely upon You. AFF is not responsible for any inaccuracies or omissions by You during the payment procedure.
8. SUPPLY AND RIGHT TO SERVICE
The term of the Terms of Service shall begin when You Access or Use the Website or Services and shall continue in perpetuity unless otherwise terminated by You or AFF by written notice (including electronic means), in accordance with Sections 14 & 20 hereof. Upon the termination or expiration of Your Services, You must immediately cease Using the AFF Website and all of its Services. UPON TERMINATION OF YOUR AGREEMENT WITH AFF, YOU WILL NO LONGER BE AUTHORIZED TO USE OR TAKE ADVANTAGE OF AFF SERVICES IN ANY WAY.
9. YOUR WARRANTIES
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO AFF IN CONNECTION WITH THE WEBSITE AND THE SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE (18 YEARS OLD) TO FORM A BINDING CONTRACT WITH AFF; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR USER MATERIALS, USER CONTENT, EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT YOU SUBMIT TO AFF OR MAKE AVAILABLE TO OTHER USERS OF THE WEBSITE AND SERVICES DO NOT: (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY; (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY; (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH; (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATION; OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
You or Your representatives AGREE that You and all Authorized Users are not nor will be at any time in the future (i) located in a country embargoed by the United States; (ii) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (OFAC); (iii) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56 or any Executive Order of the President issued pursuant to such statutes; (iv) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons”; (v) if the undersigned is an individual or a company, named on the U.S. Treasury Department’s list of Specially Designated Nationals (SDN); or (vi) on the United States Commerce Department’s Table of Deny Orders.
10. INFORMATION AND MATERIALS PROVIDED BY YOU
11.INTELLECTUAL PROPERTY (IP)
11.1. Sole Ownership of IP Rights. The AFF Website and Services, in their entirety, including the AFF Website name and logo, Content, site design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the “look and feel” of the AFF Website (including color combinations, layout, design and all other graphical elements), are the sole property of AFF and/or its authorized affiliates or Licensors. The foregoing elements of AFF are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied, used or re-used for any purpose not expressly authorized in these Terms of Service, without AFF’s prior written permission. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Material published by AFF on the AFF Website may contain other proprietary notices or describe products, services, processes, or technologies owned by AFF to which the same such protections and rights discussed above will exist, unless such material is rightly owned by a third party.
11.2. Use of AFF IP. Nothing in these Terms of Service or through the Use of AFF Services shall be construed as granting You a license to Use such material under any copyright, service mark, trademark, patent or other intellectual property right of AFF or any other third party, except as otherwise granted herein. Similarly, unless otherwise specifically provided herein or authorized by AFF in writing, all rights in the Website, Services, and Content not expressly granted to You is reserved by AFF. Pursuant to the License granted herein or as otherwise set forth, You AGREE not to copy, republish, frame, or make available for assign, download, distribution, lease, license, loan, modification, rent, sale, sublicense, transmission, reverse engineering, or creation of derivative works based on the Content, Website, Services, or AFF itself, other than in conjunction with the Services offered by AFF.
12.THIRD-PARTY MATERIALS AND LINKING TO THE WEBSITE
12.2. Linking to Website. Linking to this Website is permitted provided that You comply with the following rules. You may link to the home page of this Website or to any other page of this Website. You must not imply that AFF endorses or sponsors the linker or its website, products or services. You must not use AFF’s intellectual property, including, but not limited to, trademarks, trade names, and copyrights without advance written permission from AFF. Furthermore, You AGREE to remove the link at any time upon AFF’s request
13. AFF WARRANTIES AND DISCLAIMERS
13.1. Services “As Is” and “As Available.” ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AFF HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. AFF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, THE SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. AFF DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY AFF ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by AFF in writing, contractors, agents, dealers or distributors of AFF or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
13.2. Use at Your Own Risk. THE USE OF THE AFF WEBSITE, SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. AFF ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFF OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. The Website and Services may contain references to specific AFF products and Services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or Services shall be available at any time in any particular country.
13.3. Lack of Liability. IN NO EVENT SHALL AFF OR ANY OF ITS PARTNERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION). THIS REFUSAL OF LIABILITY SHALL EXIST UNDER ANY THEORY OF LIABILITY RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS, OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE AND SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, OR ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF AFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST AFF PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO AFF IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
13.4. Limitation of Liability. IN NO EVENT SHALL AFF’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE LOWER OF (i) AMOUNTS DONATED TO AFF BY YOU AND YOUR AUTHORIZED USERS, OR (ii) ONE HUNDRED U.S. DOLLARS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. ENDING YOUR RELATIONSHIP WITH AFF
These Terms of Service will continue to apply until terminated by either You or AFF in accordance with these Terms of Service. If You want to terminate Your legal agreement with AFF, You may do so by notifying AFF at any time. Any notice of termination should be sent to email@example.com. AFF reserves the right to terminate its legal agreement with You at its sole discretion.
You hereby AGREE to indemnify and hold harmless AFF, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty, or liability, which includes reasonable attorney fees and other professionals’ costs, which are payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of User Content or Your breach of any representation, warranty, obligation, or covenant of these Terms of Service, or any products or Services purchased or obtained by You in connection with the AFF Website.
AFF retains the exclusive right to compromise, pay, and settle, without Your consent, any and all claims or causes of action that are brought against AFF. AFF also reserves the right, at Your expense, to assume the exclusive control or defense of any matter for which You are required to indemnify AFF and You AGREE to cooperate with the defense of these claims. You AGREE not to settle any matter in which AFF is named as a defendant and/or for which You have indemnity obligations under Section 16, hereof, without AFF’s prior written Consent. AFF will use all reasonable efforts to communicate with and notify You of any such action, claim, or other proceeding in an acceptable and timely manner.
AFF may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without Your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without AFF’s prior written consent, and any unauthorized assignment and delegation by You shall be void and ineffective.
18. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Website or Services shall, unless initiated otherwise at AFF’s option, be conducted and executed electronically. AFF may keep records of any type of communication conducted via the Website or Services. You AGREE to receive and send electronic communications with AFF, which shall include all agreements, disclosures, and notifications. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
19.1. Injunctive Relief. You acknowledge and AGREE that any violation or breach of these Terms of Service may cause AFF immediate and irreparable harm and damage. As a result, AFF has the right to, and may in its sole discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief against You regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to AFF in law or in equity, AFF may seek specific performance of any term in these Terms of Service.
19.2.Force Majeure. With the exception of payment obligations, neither You nor AFF will be liable for the failure to abide by or to perform an obligation under these Terms of Service, to the extent that such failure is caused by a force majeure event. A force majeure event includes acts of God, action by a governmental entity, civil disturbances, loss of electricity and/or telecommunications, natural disasters, strike, terrorism, war, or any other such extreme event beyond the reasonable control of either You or AFF.
19.3. Severability. These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service is held to be invalid or unenforceable under applicable law, then (i) such provision will be interpreted, construed, or reformed to the extent necessary to render the same outcome as attempted in the original writing (or as close thereto as possible); and (ii) such invalidity or unenforceability will not affect any other provision of these Terms of Service. However, if any material limitation or restriction is deemed illegal, invalid, or otherwise unenforceable in regards to the License, the License will immediately terminate.
19.4. Waiver; Terms of Service Rights. In the case AFF or You waive any breach or rights under these Terms of Service, such waiver will affect only that particular situation and will not waive any other future breach or rights. Additionally, the failure of AFF to enforce these Terms of Service under strict performance will not be construed as a waiver of AFF’s rights and remedies, herein, nor shall the particular failure to enforce said situation stand as precedent that AFF does not enforce these Terms of Service under strict performance. AFF fully intends to enforce these Terms of Service in strict performance, however, AFF reserves the right to enforce and waive breaches, remedies, and rights on a case-by-case basis. Any such waiver, as discussed above, must be made in writing and executed by AFF, and when appropriate You, in order for any effect to be given to said waiver. No waiver will be effective without AFF’s authorized signature, and when Your signature is required, no waiver also will be effective without Your authorized signature, unless AFF can prove reasonable efforts were given or bad faith is at issue.
19.5. Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. In the event of a dispute arising from or relating to the subject matter of these Terms of Service, suit may be brought only in the United States District Court for the Eastern District of Virginia, Alexandria Division, provided that, in the event that suit may not be brought in the United States District Court for the Eastern District of Virginia, Alexandria Division, suit may be brought in any court of competent jurisdiction in the Commonwealth of Virginia. You further AGREE to submit to the personal jurisdiction of any such court in the Commonwealth of Virginia for purposes of adjudicating any dispute arising from or relating to the subject matter of these Terms of Service and You AGREE to accept service of process in connection with any such suit. You also AGREE to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, relating to, or in connection with these Terms of Service or the Website or Services, provided that such exclusivity does not apply to legal actions initiated or brought by AFF. These Terms of Service shall not be governed by the United Nations Convention on Contracts (CISG), the application of which is expressly excluded.
19.6. Entire Agreement. These Terms of Service, including if not superseded by the most recent version (by calendar date of implementation) of AFF’s Terms of Service, constitute the entirety of the agreement between AFF and You to Access and Use the AFF Website and Services. As stated in Section 19.4, no waivers will be given effect that are not in writing, and likewise, no other documents shall be consulted or are necessary in interpreting this agreement between AFF and You, besides these Terms of Service. Unless allowed for or excepted by these Terms of Service, the agreement between You and AFF is wholly contained, herein.
AFF DOES NOT BEAR ANY RESPONSIBILITY NOR ASSUMES ANY RISKS IF BY ANY REASON A PRODUCT OR A SERVICE MADE AVAILABLE ON THE WEBSITE BREACHES NATIONAL LAW OF ANY COUNTRY. THOSE WHO ACCESS THE WEBSITE OR SERVICES DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH THEIR NATIONAL LAWS.
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