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Website Terms of Use

Affirmative Technologies

Last Modified: November 22, 2024 

THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE WEBSITE OR USING OUR SERVICES. 

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY, A DISPUTE RESOLUTION AND BINDING Mediation CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. IN Mediation, THERE IS NO JUDGE OR JURY, AND THE DISCOVERY process is minimal or nonexistent compared to court proceedings. Additionally, there is no opportunity for APPELLATE REVIEW. PLEASE READ THESE TERMS CAREFULLY. 

 

  1. Acknowledgement and Acceptance of the Terms of Use

These Website Terms of Use (the “Terms of Use”, “Terms”, or “Agreement”) are entered into by and between you and Affirmative Technologies, LLC and its subsidiaries and affiliates (collectively referred to as “Affirmative Technologies,” “ATI,” “we,” “our,” or “us”). The Terms of Use govern your access to and use of our website, https://www.affirmativeusa.com, including any content, functionality, and services offered on or through our website www.affirmativeusa.com (collectively the “Website”), whether as a guest or a registered user. Certain products or services may have additional disclosures, agreements, or terms and conditions, which shall govern and control in the event of any inconsistency with these Terms of Use. 

By using or accessing the website, or clicking “I Agree” (or a similar button) to accept or agree to these terms OF USE, when this option is made available, you: 

  • Acknowledge and agree that you have read and understood these Terms OF USE as well as our Privacy Policy which is incorporated herein by reference. 
  • Represent and warrant that you have full legal authority to enter into this agreement and, if entering into this agreement for a legal entity, that you have the legal authority to bind that legal entity; and 
  • Accept this agreement and ACKNOWLEDGE that you are legally bound by its terms.  

If you do not agree with these terms OF USE, do not access, download, register, or use the website or any of our services. 

This Website is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Affirmative Technologies and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 

 

  1. Changes to the Terms of Use

We may revise and update these Terms of Use 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 Website thereafter. Your continued use of the Website following the posting of revised Terms of Use, as indicated by the “Last Updated” date, means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. 

 

  1. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service, product, solution, or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. 

To access the Website or some of the resources it offers, you may be required to register and create or provide certain registration details or other information such as your full name, email address, and professional information. We may also need to verify your identity, and you authorize us to collect information from you and make any inquiries we consider necessary to do so (collectively referred to with all information requested to enable your account as “Registration Information”).  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You represent and warrant that all of the Registration Information you provide to create an account, to register, or in order to access some of the resources offered by us with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You further agree to update your account upon changes to such Registration Information. The failure to do so may further limit your ability to use our services and affect the accuracy and effectiveness of the same. 

You also agree that you are responsible for securely managing your Registration Information. If you choose, or are provided with, a username, password, or any other piece of Registration Information as part of our security procedures, you must treat such Registration Information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.  

 

  1. Consent to Collect Technical Data

We may collect technical information and use certain technologies, including pixel technology, to collect and analyze technical data relating to the provision, use, and performance of the Website, our services, and related systems. This technical data may include your Internet protocol (IP) address, the company name from which you are browsing our Website or services, your browser type and version, time zone setting, operating system and platform, and information about your visit to the Website, including the date and time. By visiting and using the Website and our services, you hereby consent to and agree to the pixel technologies and/or other software, our collection of this data by us and that we will be free (during and after the term hereof) to (i) use such data to improve and enhance the Website and for other development, diagnostic, and corrective purposes in connection with the Website and our services; (ii) disclose such data in aggregated or de-identified form in connection with its business; and (iii) otherwise use and disclose such data as set forth in our Privacy Policy.  

  

  1. Ownership and Intellectual Property Rights

The Website and its 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) are owned by and the exclusive property of the Affirmative Technologies, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that we have and retain exclusive and valid ownership of all anonymized statistical information regarding use of the Website and our services. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell, or make available to the public content from the Website without our prior written approval.  

You may suggest improvements and/or communicate to us ideas, feedback, inventions, discoveries, or concepts (“Ideas”) during the term of this Agreement, and you and us may discover or create the Ideas jointly with us. Such Ideas may include ideas for new or improved products, services, concepts, know-how, and/or techniques. You agree that any such Idea shall be and remain solely the property of Affirmative Technologies and/or our licensors and may be sued and sold, licensed, or otherwise provided by Affirmative Technologies and/or its licensors to third parties, or published or otherwise publicly disclosed, in the Affirmative Technologies’ and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to Affirmative Technologies any and all of your right, title, and interest in and to any such Ideas. 

 

  1. Usage Data, Your Data, Communications

In order for us to provide our services and your use of the Website, you grant to us a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, material, or other data entered into the services we provide or our Website (“Data”) to the extent necessary for the us to: (1) provide the Website and our services; (2) perform our obligations under this Agreement; (3) attribute content to you; (4) compile analyses and statistical information from Data regarding usage or performance of the Website or our services and user engagement; (5) provide, monitor, correct, enhance, and improve the Website and our services; (6) develop new products and services; and (7) accomplish other internal business purposes or as described in our Privacy Policy. 

You also grant to Affirmative Technologies a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to de-identify or aggregate Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data (“Deidentified Data”).  

You acknowledge and agree that Affirmative Technologies has and retains exclusive and valid ownership of all Deidentified Data. We shall also have the right to collect and analyze data and other information relation to the provision, use, and performance of their services and its Website, and related systems and technologies (“Usage Data”), and you acknowledge and agree that Affirmative Technologies has and retains exclusive and valid ownership of all Usage Data. We will be free (during and after the term) to use such Deidentified Data and Usage Data for any purpose, including to: (1) improve and enhance the Website and for other development, (2) disclose such data in connection with our business, and (3) otherwise use and disclose such data as set forth in our Privacy Policy. 

 

  1. Your Conduct and Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use and our Privacy Policy. Transmitting, distributing, or storing any material that violates any applicable law or our Privacy Policy and these Terms of Use is prohibited. You agree not to use the Website: 

  • 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), or promote any illegal activity, or advocate, promote or assist any unlawful act.  
  • To transmit, or procure the sending of, any advertising or promotional material, or post any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of privacy or publicity rights, or otherwise objectionable. 
  • To impersonate or attempt to impersonate Affirmative Technologies, an Affirmative Technologies employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). 
  • To make any representations that are likely to deceive any person or give any impression that materials or content emanate from or are endorsed by us or any other person or entity, if this is not the case. 
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Affirmative Technologies or users of the Website, or expose them to liability. 
  • To infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos. 

Additionally, you agree not to: 

  • Directly, indirectly, alone, or with another party, copy, download, disassemble, reverse engineer, or decompile the Website or our services or otherwise attempt to discover the source code or underlying ideas or algorithms of the Website and our services;  
  • Use the Website or our services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website and our services. 
  • Use any robot, spider, or other automatic device, process, or means to access the Website or our services for any purpose, including monitoring or copying any of the material on the Website. 
  • Use any manual process to monitor or copy any of the material on the Website or our services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. 
  • Use any device, software, or routine that interferes with the proper working of the Website or our services. 
  • Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logger, or other material that is malicious or technologically harmful. 
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or our services, the server on which the Website or our services is stored, or any server, computer, or database connected to the Website or our services.  
  • Attack the Website or our services via a denial-of-service attack or a distributed denial-of-service attack. 
  • Screen scrape, monitor, mine, copy, mirror, or otherwise conduct any systematic or automatic data collection activities in relation to the Website and our services. 
  • Otherwise attempt to interfere with the proper working of the Website. 

 

  1. Limited Right to Use

Subject to the terms and conditions of the Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and our services for use solely by you and/or your professional organization and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other sue. All rights with respect to the Website and our services explicitly granted herein are reserved by Affirmative Technologies. You agree not to reproduce, copy, sell, resell, or exploit for any commercial purpose any portion of the Website or our services, use of the Website or our services, or access to the Website and our services. You also agree not to forward, disseminate, or resell the contents of the Website or our services without the express permission from Affirmative Technologies. 

 

  1. Reliance on Information Posted

The information presented on or through the Website 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 Website, or by anyone who may be informed of any of its contents. 

This Website 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 us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Affirmative Technologies. 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. 

 

  1. Third-Party Sites, Applications, and Technologies

These Terms of Use are only applicable to our Website and do not apply to third-party websites, applications, or technologies. The Website and our services my contain links to, and media and other content from, third-party websites. These links are to external websites and third parties with which we have no relationship or control. Because of the dynamic media capabilities of the Website and our services, it may not be clear to you which links are to our services or Website and which are to external, third-party websites. If you click on an embedded third-party link, you will be redirected away from the Website or our services to the external third-party website. You can check the URL to confirm that you have left the Website or our services. We have no control over the content on such third-party websites. 

If you choose to link to a third-party website, we cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites; (ii) control third parties’ independent collection nor use of your personal information; (iii) endorse any third party information, products, services, or websites that may be reached through embedded  links on the Website or our services; and (iv) make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we guarantee that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination.  

Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms and conditions. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.  

 

  1. Disclaimer of Warranties

THE WEBSITE, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE, THE CONTENT, AND ALL MATERIALS, YOUR USE OF THE WEBSITE, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK.  AFFIRMATIVE TECHNOLOGIES, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION ON THE WEBSITE AT YOUR OWN RISK. 

WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE) WITH RESPECT TO THE WEBSITE, THE CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE NEITHER US OR NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT.   

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS CAUSED BY INCORRECT INFORMATION PROVIDED BY YOU OR TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL.  WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR WEBSITE OR ITS CONTENT. ADDITIONALLY, THE REFERENCE, INCLUSION, OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US.   

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE 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 WEBSITE FOR ANY RECONSTRUCTION OF LOST DATA. FURTHERMORE, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT OR INFORMATION WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEBSITE-ACCESSING PROGRAM.  WE DOS NOT GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS 

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, RANSOMWARE, 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 SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  IN SUCH INSTANCES, THE LIABILITY OF AFFIRMATIVE TECHNOLOGIES AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW. 

 

  1. Limitation on Liability

Under no circumstances WILL AFFIRMATIVE TECHNOLOGIES, ITS AFFILIATES,  LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE to you or anyone else  FOR any 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, or ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES. This INCLUDes ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, Increased costs, diminution in value, loss, interruption, delay, or recovery of any data, breach of data or system security,   PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS OR INCOME, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, claims to third parties,  WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), strict liability, misrepresentations, BREACH OF CONTRACT, OR under any other legal theory, EVEN IF FORESEEABLE or if we are advised beforehand of the possibility of such damages.  

Notwithstanding the foregoing, in the event you are entitled to damages for any claims arising from the use of the Website, you agree that the aggregate liability of AFFIRMATIVE TECHNOLOGIES, its affiliates, Licensors, employees, agents, officers, or directors, will not exceed ONE HUNDRED DOLLARS ($100.00). because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, the liability of the company, its affiliates, licensors, employees, agents, officers, or directors is limited to the fullest extent permitted by such state law.  

 

  1. Indemnification

You agree to defend, indemnify, and hold harmless Affirmative Technologies, 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: (a) your violation of these Terms of Use or your use of the Website; (b) your breach of the Privacy Policy; (c) your violation of any third party’s right including, without limitation, any copyright, trademark, property right, or privacy right; (d) any violation of applicable law by you; (e) information or content that you submit, post, transmit, or make available through the Website; (f) any claim that content provided by you caused damage or loss to a third party; or (g) any of your acts or omissions. This defense and indemnification obligation will survive your use of the Website and any termination of the Privacy Policy and Agreement. 

If you use the Website to access data of which you are not the owner or authorized user, as reflected in our systems, you shall indemnify, defend, and hold harmless Affirmative Technologies and all of its executives, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting our rights or your obligations under any other provision of these Terms of Use, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer and/or individual associated with a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or resulting from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Our rights to indemnity under this section are in addition to all other rights and remedies available at law or in equity. Any exercise by us of our rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing data through our Website. 

 

  1. Copyright Notices

Affirmative Technologies respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Affirmative Technologies, LLC, Attn: DMCA Agent, 28100 US Highway 19 North, Suite 205, Clearwater, FL 33761. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Affirmative Technologies has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. 

  

  1. Governing Law, Venue, and Mediation

1. Governing Law: The laws of the State of Florida (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to the Website, these Terms of Use, and all transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement.  
2.Venue: The parties agree that any legal action, suit, or proceeding arising out of or relating to this Agreement that is not required to be resolved under binding arbitration shall be brought and determined exclusively in the appropriate federal or state court in Pinellas County, Florida and in no other forum.  The parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such court sin any such suit, action, or proceeding arising out of or relating to this Agreement.  
3. Mediation: You and Affirmative Technologies agree that any dispute, claim, or controversy of every kind and nature between the parties to this Agreement arising out of or in connection with the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of these Terms of Use (collectively, “Disputes”) shall first be submitted to non-binding mediation pursuant to the procedure set forth in this paragraph.  You may demand such mediation in writing by submitting a Notice of Dispute (the “Notice of Dispute”) within fourteen (14) days after the Dispute arises.

 

Any Notice of Dispute must be personally signed by you (if you are initiating the Notice of Dispute) or an Affirmative Technologies representative (if we are initiating the Notice of Dispute).  The Notice of Dispute must contain the following information: (1) name, contact information (address, telephone number, and email address); (2) a detailed description of the nature and basis of the Dispute; and (3) a detailed description of the nature and basis of the relief sought, including a calculation for it.  You must send any such Notice of Dispute to Affirmative Technologies by email to: privacy@affirmativeusa.com.  We must send any Notice of Dispute to the email address we have on file for you.  You and Affirmative Technologies agree that any mediation shall be mediated by a mediator selected locally from Clearwater, Florida.  The mediation shall be held in Clearwater, Florida and concluded within thirty (30) days of the selection of the mediator and within sixty (60) from the date the Notice of Dispute is received by the other party.  The parties shall equally bear the cost of the mediator but otherwise bear their own costs in connection with the mediation.  Compliance with this mediation process is a condition precedent to initiating any court action or arbitration.   

 

  1. Jury Trial and Class Action Waiver

Except as otherwise provided in these terms, you and AFFIRMATIVE TECHNOLOGIES acknowledge and agree that you are each waiving the right to a trial by jury. The parties further expressly waive their right to file a class action or seek relief on a class basis. You and the company may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your representative capacity. 

 

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

 

  1. Waiver and Severability

No waiver by Affirmative Technologies of any term or condition set out in these Terms of Use 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 Affirmative Technologies to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Use 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 Terms of Use will continue in full force and effect.  

 

  1. Term and Termination

This Agreement is effective upon your acceptance of it as stated herein and it shall continue in effect in accordance with this section. You may terminate this Agreement at any time by discontinuing your use of the Website and providing us with a notice of termination. 

 

  1. Force Majeure

Affirmative Technologies shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of Affirmative Technologies and not due to Affirmative Technologies’ own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies. 

 

  1. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Affirmative Technologies, LLC regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.  

 

  1. Contact Us

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:  

In Writing: Affirmative Technologies, LLC 
28100 US Highway 19 North, Suite 205 
Clearwater, FL 33761 
By Email: privacy@affirmativeusa.com