1. Intended Use of the AFL Website. By using or attempting to use the AFL website, you certify that you are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the website. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this TOU, please discontinue using our website immediately.
3. Rules of Conduct. While using the AFL website, you agree to comply with all applicable laws, rules, and regulations, including, but not limited to, those governing copyright and trademark and other intellectual property matters. You may not engage in any unauthorized use, copying, or distribution of any of website content, including reproducing, displaying, publicly performing, or distributing website content in any way for any public or commercial purpose.
You also agree you will refrain from engaging in the following conduct or transmitting any of the following when using the website:
a. Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane, or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
b. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation or to monitor the use of, any hardware, software or equipment;
c. Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; and
d. Other activity that violates the legal rights of others, including without limitation, others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
4. Intellectual Property. You further acknowledge that America First Legal is the owner of the trademark and service mark AMERICA FIRST LEGAL and AMERICA FIRST LEGAL and design logo. You agree that all uses of the foregoing marks shall only be in connection with any goods and services related to America First Legal. The website, including all website software, databases, proprietary information and website content, as well as any intellectual property and other rights relating thereto, including, without limitation, the selection, sequence, appearance, and “look and feel,” are owned and operated by America First Legal.
You understand and agree that the website is protected by U.S. and international copyright, trademark, and other laws, and your use of this website does not provide any ownership rights to you. You are permitted to link to, copy, and share pages from our website for educational, journalistic, or commentary purposes provided you provide accurate credit and sourcing to America First Legal and include the website URL of the website page from which the text was obtained. These uses, however, may not be edited but must be as presented on our website without editing or alteration. You are forbidden from any commercial reproduction and distribution of the AFL website. Moreover, you are not allowed to copy, reproduce, or otherwise use or make derivative works from any photograph or illustration on the website.
5. Services. In the event AFL provides services to you, you agree that all information you are requested to provide will be current and accurate, and you will abide by any terms of engagement or retainer as you and AFL agree.
8. Limitation of Liability. You acknowledge that this website and all content, information, and materials made available through this website are provided to you “as is” without any express warranties or representations of any kind. AFL disclaims all statutory and implied representations, warranties, terms, and conditions with respect to this website, and all content, information, and materials made available through this website, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, and noninfringement. Neither America First Legal, nor any other party involved in creating, producing, or delivering the website, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with your access to, or use of, the website, its features, or any content made available through the website.
11.Disclaimers. You agree that this website, the materials on the website, and any services or products obtained through the site are provided “as is” and without warranties of any kind, either express or implied, and you use the website at your own risk. You acknowledge AFL is not liable for any damages, including direct, incidental, special, consequential, or punitive, in connection with or arising from your use of the website. To the fullest extent permissible pursuant to applicable law, AFL and agents disclaim all warranties, express or implied, with respect to the website, the materials, and any product or service obtained through the website, including, without limitation, fitness for a particular purpose, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance, or usage of trade, that the website is free of viruses or other harmful components.
12. Other. In the event any provision of the TOU is deemed unlawful, void, or unenforceable, such provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions, and such remaining terms and provisions remain valid and in full force and effect.
This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The TOU is not assignable by you except with the prior written consent of America First Legal. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.