TERMS & CONDITIONS OF USE
AFM Corporation, hereinafter referred to as “AFM”, provides this website information and content together with the underlying source files, hereinafter referred to as the “Website”, under the following Terms and Conditions herein.
AFM reserves the right to modify, restrict and/or disable access, temporarily or permanently discontinue any or all of the Website. As a visitor to our Website, you acknowledge and agree that any reliance on or use of information available on this Website shall be entirely at your own risk, AND YOU AGREE IN NO EVENT SHALL AFM NOR ANY OF ITS DATA PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OR THE PERFORMANCE OF THIS WEBSITE. YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL.
LICENSE & RESTRICTIONS ON USE
You are hereby granted a non-exclusive, non-transferable, limited license to view the Website, and permission to use documents from the Websites (e.g. informational materials), provided that, (1) the copyright notice and this permission notice appear, (2) the documents are only used for your own informational, non-commercial and personal use, and will not be reproduced, republished, copied, transmitted, or distributed in any form, and (3) no modifications of any kind are made to the document or documents used. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under law.
LINKS TO THIRD PARTY SITES
LOGOS & TRADEMARKS
AFM policy is to comply with all intellectual property laws and to act quickly upon receiving any notice of claimed infringement and/or upon receiving any information about misrepresentation of AFM property. All logos and trademarks are unique and are the exclusive property of AFM. You agree to AFM ownership of logos and trademarks obtained from the Website, and you agree not to challenge the validity of AFM title to the logos and trademarks, and not to oppose or petition to cancel any application filed or registrations received for AFM logos and trademarks. All rights created by or arising from the use of the logos and trademarks shall be and remain the sole and exclusive property of AFM. Any attempt to register or claim rights of the logos and trademarks contained herein or as a part of another mark in the United States or foreign jurisdiction without AFM permission constitutes infringement of copyright. This agreement does not confer any intellectual property rights in the logos or trademarks, or to any patent, trademark, copyrights or intellectual property rights owned by or licensed by AFM.
DISCLAIMERS & LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. AFM DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THIS SITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE. ADDITIONALLY, THE WEBSITE IS PROVIDED ON AN “AS AVAILABLE” BASIS. AFM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AFM MAY MAKE IMPROVEMENTS AND/OR CHANGES HEREIN AT ANYTIME. NOTHING IN THESE TERMS & CONDITIONS SHALL IN ANY WAY BE DEEMED OR CONSTRUED TO MODIFY OR AMEND THE LIMITED WARRANTIES RELATED TO PRODUCTS.
AFM, ITS LICENSEES, OFFICERS, DIRECTORS, EMPLOYEES, AND THEIR SUCCESSORS AND ASSIGNS SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND LOST PROFITS OR SAVINGS), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF AFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THESE TERMS & CONDITIONS AND YOUR USE OF WEBSITE OR ANY CONSEQUENCES WHICH FLOW FROM IT.
YOU AGREE TO INDEMNIFY AFM, ITS, LICENSEES, OFFICERS, DIRECTORS, EMPLOYEES, OTHER PARTNERS AND THEIR SUCCESSORS AND ASSIGNS. YOU AGREE TO HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE WEBSITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
CONFIDENTIALITY &TRANSMISSIONS OVER THE INTERNET
The transmission of any data or information over the internet, through both private and publicly accessible networks may not be secure, and is subject to possible loss, interception and/or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of transmissions over the internet (including those which may contain your personal information). We make no efforts to safeguard the privacy of the information you provide us. In no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by a third party without our consent. Any communication provided to AFM or its Licensee in connection with your use of the Website will be treated as non-confidential, and you agree AFM may use the same for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to AFM.
The failure of AFM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of WEBSITE or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions herein are for convenience only and have no legal or contractual effect.
GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Minnesota.
The Website and the Terms and Conditions may be changed without notice. You are solely responsible for reviewing this Agreement on a regular basis for changes. Continued use of the Website following any change and/or update constitutes your acceptance of the same.
ENTIRE AGREEMENT & SEVERABILITY
These Terms and Conditions incorporate by reference any notices contained on the Website, and constitute the entire Agreement with respect to your access to and use of the same. If any provision shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction, that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms herein.
Last Update: December 19, 2019