| | Terms of
Use Agreement
Welcome to Affordable Media & Marketing. We maintain this web
site as a service to our customers. By using our site, you are agreeing
to comply with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree to these
terms, do not check the box next to “I agree to the Terms and Conditions”,
or obtain goods or products from this site.
1. Acceptance of Agreement. You agree to the terms
and conditions outlined in this Terms of Use Agreement (“Agreement”)
with respect to our site (“www.affordmarketing.com”). This Agreement
constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time
by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to submitting a request for an order.
2. Copyright. The content, organization, graphics,
design, compilation, magnetic
translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of
any such matters or any part of the Site, except as allowed by Section
4, is strictly prohibited. You do not acquire ownership rights to
any content, document or other materials viewed through the Site.
The posting of information or materials on the Site does not constitute
a waiver of any right in such information and materials.
3. Trademarks. “Your web, print, and imaging solution!”&
“The flower design”, and others are either trademarks or registered
trademarks of Affordable Media and Marketing. Other product and
company names mentioned on the Site may be trademarks of their respective
owners.
4. Limited Right to Use. The viewing, printing
or downloading of any content, graphic, form or document from the
Site grants you only a limited, nonexclusive license for use solely
by you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be reproduced
in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but
not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve
the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend
and hold us and our partners, attorneys, staff and affiliates (collectively,
“Affiliated Parties”) harmless from any liability, loss, claim and
expense, including reasonable attorney’s fees, related to your violation
of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site
is not transferable. Any password or right given to you to obtain
information or documents is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM
OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE
OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU
FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM
LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE
PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
9. Use of Information. We reserve the right, and
you authorize us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
10. Third-Party Services. We allow access to or
advertise third-party merchant sites (“Merchants”) from which you
may purchase certain goods or services. You understand that we do
not operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that use of such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY
KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE, MERCHANT LIABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies. All rules,
policies (including privacy policies) and operating procedures of
Merchants will apply to you while on such sites. We are not responsible
for information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority to make
any representations or commitments on behalf of the other.
12. Privacy Policy.
Our Privacy Policy, as it may change
from time to time, is a part of this Agreement.
Click here to view our privacy policy...
13. Payments. You represent and warrant that if
you are purchasing something from us or from Merchants that (i)
any credit information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes.
14. Securities Laws. This Site may include statements
concerning our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or services,
as well as our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like
“anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,”
“intends” and similar expressions are intended to identify forward
looking statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated into
any of our securities-related filings or documents.
15. Links to other Web Sites. The Site contains
links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so
at your own risk.
16. Copyrights and Copryright Agents. We respect
the intellectual property of others, and we ask you to do the same.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
information:
(a) An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been
infringed;
(c) A description of where the material that you claim is infringing
is located on the Site;
(d) Your address, telephone number, and email address;
(e) 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; and
(f) A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site is Michael White who can be reached as follows:
By mail:
Michael White
CopyrightAgent
2112 92nd Street
Lubbock, TX, 79423
By phone:1-866-764-4433
By our contact page: by clicking here...
17. Refund Policy. If a product purchased by you
proves to be defective or not to your reasonable satisfaction, you
can return the product within 21 days of receipt, to our store address.
In such event, we will provide you a credit for other purchases
on the Site (less shipping and handling charges incurred). This
Section 17 sets forth your sole and exclusive right to refund and
return.
18. Information and Press Releases. The Site contains
information and press releases about us. While this information
was believed to be accurate as of the date prepared, we disclaim
any duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided
or endorsed by us.
19. Miscellaneous. This Agreement shall be treated
as though it were executed and performed in Boerne, TX, and shall
be governed by and construed in accordance with the laws of the
State of Texas (without regard to conflict of law principles). Any
cause of action by you with respect to the Site (and/or any information,
products or services related thereto) must be instituted within
one (1) year after the cause of action arose or be forever waived
and barred. All actions shall be subject to the limitations set
forth in Section 8 and Section 10. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly for
or against either party. All proceedings arising out of or in connection
with this Agreement shall be brought solely in Boerne, Texas. You
expressly submit to the exclusive jurisdiction of said courts and
consents to extra-territorial service of process. Should any part
of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that
anything in or associated with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Our failure
to enforce any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce such provision.
20. Contracting. Affordable Media
& Marketing reserves the right to use third party outsourcing.
Information given will be in accordance with our privacy
policy.
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