Introduction
 
Afiniii LLC (“Afiniii,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.afiniii.com (the “Site”) and through its mobile application and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). At our sole discretion, we reserve the right to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and indicate at the top of this page the date these terms were last revised.
 
Any such changes will become effective at the posted revision date, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
 
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST AFINIII ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
 
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy.
‍
Access and Use of the Services
 
Services Description. Afiniii helps you quickly solve problems by providing a direct, efficient, and private way to create groups, send requests, and view and organize replies from the contacts on your phone. The Services are free; however, if we provide you with value, you will be invited to compensate or tip Afiniii an amount at your discretion via our Tipping feature and or using the Afiniii Wallet feature, subject to the terms below.
 
Registration and Eligibility. You must register with Afiniii to access and use the Services. You are eligible to register for the Services only in your capacity as an individual and not in any other capacity, such as a sole proprietor, corporation, limited liability company, or any other corporate entity or association. If you register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Services’ registration form. Our Privacy Policy governs registration data and other information about you. If you are under 16, you are not authorized to use the Services, with or without registering. If you are under 18, you may use the Services, with or without registering, only if you have the approval of your parent or guardian. If you are a parent or guardian of a user under 18 (or the age of majority in your state), you authorize and are responsible for all account activity taken by the minor user.
 
Member Account and Security. When you sign up for an Affiniii account and each time you sign in to the app thereafter, you will be asked to input your mobile phone number and or email address. You will also be asked to verify the authenticity of the information you provide via a confirmation text and or confirmation email. You are responsible for maintaining the confidentiality of your account information including verification codes and email hyperlinks and are fully responsible for all activities under your account. Your account belongs to you only, and you may not share your account information with any other individual(s). You agree to immediately notify Afiniii of any unauthorized use of your account or any other security breach. Each individual is permitted to create one account. Afiniii will not be liable for any loss or damage arising from your failure to comply with this Section.
 
Modifications to the Services. Afiniii reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Afiniii will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
 
General Practices Regarding Use and Storage. You acknowledge that Afiniii may establish general practices and limits concerning the use of the Services, including without limitation the maximum time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Afiniii’s servers on your behalf. You agree that Afiniii has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Afiniii reserves the right to terminate your account if you do not comply with these Terms of Service or other limits we may set from time to time regarding using the Services. Termination of your account, by you or by us, will result in forfeiture or cancellation of any accumulated Afiniii Wallet balance or other data stored in your account, subject to applicable law. You further acknowledge that Afiniii reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
 
Mobile Services. The Services include certain services available via a mobile device, including (i) sending personalized SMS requests to your private contacts from your mobile device, (ii) the ability to browse the Services and the Site from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Afiniii and other entities by SMS, MMS, text message, email, phone, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. If you revoke your consent to communicate by these means, we may terminate your account. If you change or deactivate your mobile telephone number or email address, you agree to promptly update your Afiniii account information.

Afiniii Wallet
 
Description. The Afiniii Wallet is for your use with Afiniii. We offer the Afiniii Wallet to make it easier for you to voluntarily tip Afiniii after each time you use our Services if you determine that our Service provides you value. Unless otherwise required by law or permitted by this Agreement, the dollar value on your Afiniii Wallet is nonrefundable and may not be redeemed for cash. The dollar balance on your Afiniii Wallet is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
 
Loading Value on Your Wallet. In the United States, you can load a dollar value on your Afiniii Wallet by inputting an accepted payment method in the Afiniii app and selecting the dollar value you want Afiniii to charge that method. There may be a delay between paying the amount to be loaded onto your Afiniii Wallet and those funds being available for use.
 
You may not have more than $300 in value on your Afiniii Wallet at any time, and no more than $300 worth of tips may be paid with any Afiniii Wallet in a single day. The minimum amount you can load on your Afiniii Wallet at any given time is $5. We may change any of these amounts at any time without giving notice to you.
 
If you use a credit or debit card to reload your Afiniii Wallet, before charging your credit or debit card, our payment processing partner will complete an authorization process for the amount of your purchase or reload transaction ("Transaction"). The authorization process will validate the credit or debit card number, status, available credit or funds, and billing information to ensure that it matches what the bank or card company has on file. Your bank or Afiniii may attempt to contact you for additional information before authorizing the Transaction amount.
 
Your bank may deem a transaction pending or hold this dollar amount from your credit line or available balance for a short period determined by your bank's policy before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction.
 
If your Transaction is canceled, we recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.

All amounts loaded onto your Afiniii Wallet are denominated in the United States dollars (the "base currency"). You can reload your Afiniii Wallet at any time. To make reloading your Afiniii Wallet easier, you can link a payment method to your Afiniii account.
 
Fees and Expiration of Card Balances. We do not charge your Afiniii Wallet activation, service, dormancy, or inactivity fees. Your Afiniii Wallet has no expiration date, and its value never expires.
 
Billing Errors, Corrections. We will correct the balance of your Afiniii Wallet if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your Transaction history or any correction or wish to dispute any Transaction or correction applied to your Afiniii Wallet, please email Afiniii customer service at admin@afiniii.com. We will review your claim and tell you what we find if you provide sufficient details. We will correct any errors after we finish our review. We will explain what we found if we do not find any error. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.
 
Fraud Associated with Your Afiniii Wallet or Wallet Balance. Afiniii bears no liability for any third-party fraud or unlawful activity associated with any Afiniii Wallet balance and Afiniii Services. If Afiniii discovers any Afiniii Wallet balance was derived from fraud or other unlawful means, we may in our sole discretion, cancel or freeze all impacted account holders and retain all related Afiniii Wallet balances without notice to you. We may use retained Afiniii Wallet balances to help offset our liability to card companies, networks, and issuers of lost or stolen credit and debit cards used to purchase or load Afiniii Wallets.
 
Liability for Unauthorized Transactions. It is important to treat your Afiniii Wallet like cash and not disclose your Afiniii Wallet information to anyone. You are responsible for all transactions within Afiniii, including unauthorized transactions.
 
Violation of Terms. If we determine that you have violated the Terms of Service, we may, in our sole discretion and as permitted by law, terminate your account and forfeit or cancel any pending current Afiniii Wallet balance you may have without notice.

Conditions of Use

User Conduct. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, or display (hereinafter, “upload”) or email or text or otherwise use via the Services or the internet. The following are examples of the kind of content and/or use that is illegal or prohibited by Afiniii. Afiniii reserves the right to investigate and take appropriate legal action against anyone who, in Afiniii’s sole discretion, violates this provision, including, without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree not to:
 
-  email, text or otherwise upload any content to the Services that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or mobile equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Afiniii, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Afiniii or its users to any harm or liability of any type;
 
-  interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
 
-  use the Services to violate any applicable local, state, national or international law or any regulations having the force of law;
 
-  use the Services to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
 
-  impersonate Afiniii, or falsely state or otherwise misrepresent your affiliation with Afiniii;
 
-  share Afiniii promotional codes for specific classes of users beyond the intended audience;
 
-  use the Services to solicit personal information from anyone under the age of 18;
 
-  harvest or collect email addresses or other contact information of other users from the Services by electronic or other means to send unsolicited emails or other unsolicited communications;
 
-  use the Services to further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
 
-  use the Services to obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
 
Special Notice for International Use; Export Controls. Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
 
Commercial Use. This application is intended solely for entertainment and personal use. It is not intended for professional or commercial use. It is also not designed or intended to provide advice, guidance, or authorization for any actions that may impact an individual’s physical or mental health. By using this app, you agree that Afiniii and its developers are not responsible for any personal decisions, actions, or outcomes that may result from interactions within or outside the app, including those prompted by communications or permissions from other users. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload, for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

Apple and Google-Enabled Software Applications
 
Afiniii offers a mobile application (the “App”) intended for use with products made commercially available by Apple Inc. (“Apple”) and Google LLC (“Google”), among other platforms. For any use of the App in connection with an Apple or Google-branded product, the following terms apply in addition to the other terms and conditions outlined in these Terms of Service:
 
-  Afiniii and you acknowledge that these Terms of Service are concluded solely between Afiniii and you, and not with Apple or Google. As between Afiniii and Apple or Google, Afiniii alone is responsible for the App and its content.
 
-  You agree to use the App only as permitted by the Usage Rules outlined in the App Store or Google Play Terms of Service.
 
-  Your license to use the App is limited to a non-exclusive, non-transferable, revocable license to use it on any iOS or Android product that you own or control, and as permitted by the App Store and Google Play Usage Rules.
 
-  Apple and Google have no obligation to provide any maintenance or support services for the App.
 
-  Apple and Google make no warranties, express or implied, regarding the App. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple or Google, and they may refund any purchase price paid, if applicable. To the maximum extent permitted by law, Apple and Google will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty are solely Afiniii’s responsibility, as applicable law permits.
 
-  Afiniii and you agree that Afiniii, not Apple or Google, is responsible for addressing any claims by you or any third party related to the App, including, but not limited to: (i) product liability claims, (ii) any claim that the App fails to conform to applicable legal or regulatory requirements, and (iii) claims arising under consumer protection or similar legislation.
 
-  In the event of any third-party claim that the App or your use of it infringes that third party’s intellectual property rights, Afiniii, and not Apple or Google, will be solely responsible for investigating, defending, settling, and discharging such a claim.
 
-  You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
 
-  Any questions, complaints, or claims concerning the App should be directed to Afiniii at admin@afiniii.com.
 
Afiniii and you acknowledge and agree that Apple, Google, and their subsidiaries are third-party beneficiaries of these Terms of Service concerning the App, and that upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries.
‍
Intellectual Property Rights
 
Services Content, Software, and Trademarks. You acknowledge and agree that the Services may contain content or features (“Services Content”) protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Afiniii, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your User Content (as defined below) that you legally upload to the Services. In connection with using the Services, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If Afiniii blocks you from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection are the property of Afiniii, our affiliates, and partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Afiniii reserves any rights not expressly granted herein.
 
The Afiniii name and logos are trademarks and service marks of Afiniii (collectively the “Afiniii Trademarks”). Other Afiniii product and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Afiniii. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Afiniii Trademarks displayed on the Services without our prior written permission in each instance. All goodwill generated from using Afiniii Trademarks will be inured to our exclusive benefit.
 
DMCA Takedown Notice. To the best of Afiniii’s knowledge, all material published by Afiniii on its website or as part of the Services is copyrighted by Afiniii or done in full agreement with the original copyright owners. If you encounter a situation where you suspect that this may not be the case, in accordance with the Digital Millennium Copyright Act (DMCA), you may email Afiniii at: admin@afiniii.com.
 
Under the DMCA, your notice must include the following information:
 
i. Identification of the copyrighted work you are claiming has been infringed.
 
ii. Identify the material you claim infringes the copyrighted work and provide information reasonably sufficient to permit Afiniii to locate the material. Please provide a link if possible.
 
iii. Your address, telephone number, and email address.
 
iv. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
 
v. A statement that the information you provided in the notification is accurate and under penalty of perjury, that you are the copyright owner, or that you are authorized to act on behalf of the copyright owner.
 
vi. Your physical or electronic signature.
 
Afiniii cannot act on your notice unless all the required information is provided.
 
Following the DMCA, Afiniii reserves the right to terminate or disable your account in appropriate circumstances and at our sole discretion if we determine that you have committed a copyright violation.
 
Third-Party Material. Under no circumstances will Afiniii be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Afiniii does not pre-screen content but that Afiniii and its designees will have the right (but not the obligation) at their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Afiniii and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Afiniii, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate and bear all risks associated with using any content, including any reliance on the accuracy, completeness, or usefulness.
 
User Content Transmitted Through the Services. Concerning the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all rights, titles and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant Afiniii and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services in any form, medium or technology now known or later developed.
 
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”) you provide to Afiniii are non-confidential, and Afiniii will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
 
You acknowledge and agree that Afiniii may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Afiniii, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
 
Third-Party Websites
 
The Services or Users may provide links or access to other sites and resources on the Internet. Afiniii has no control over such sites and resources, and Afiniii is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Afiniii will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Afiniii is not liable for any loss or claim that you may have against any such third party.
 
Text Messaging Subscription
 
By texting Afiniii or submitting your phone number via a web form, you agree to receive automated text messages at the phone number provided. In addition to the other terms in these Terms of Service, the following terms and conditions apply:
 
-  To unsubscribe from future texts, reply STOP to any message you receive, and you will receive a confirmation message of your opt-out.
 
-  For help or additional assistance, reply HELP to any message you receive, and you’ll receive further instructions.

No Liability for Delays. We are not liable for delays in receiving SMS messages, as delivery is subject to effective transmission from your mobile carrier. SMS services are provided on an "AS IS" basis, with no warranty of any kind, including implied warranties of merchantability or fitness for a particular purpose.

Data Collection and Usage. Data we collect in connection with the SMS service may include your cell phone number, carrier’s name, date and time of messages, and message content. We may use this information to contact you and provide services as requested.

Consent for Marketing Communications. By registering, you consent to receive text messages or emails related to the Afiniii app, including information about our services, links to download the app, registration instructions, and other updates.

Service Modification. By subscribing or using this service, you acknowledge that we reserve the right to change or terminate the SMS service at any time, with or without prior notice.

Opt-Out. To cancel your SMS subscriptions, reply STOP to any message. You may incur standard messaging rates as per your carrier’s policy.

Help Instructions. For additional assistance, reply HELP to any message you receive.

Message and Data Rates. Standard message and data rates may apply based on your carrier’s plan.

Privacy Policy. A link to our Privacy Policy, detailing our data handling practices, can be found above.

No Liability for Delayed or Undelivered Messages. Afiniii is not liable for any delayed or undelivered messages.

United States Participating Carriers Include. AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile, and others.

Indemnity and Release
 
You agree to release, indemnify and hold Afiniii and its affiliates and their officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you reside in another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties
 
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFINIII EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AFINIII MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR SUITABILITY OF THE APP FOR ANY SPECIFIC PURPOSE BEYOND GENERAL ENTERTAINMENT.
 
AFINIII MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability
 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFINIII WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AFINIII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL AFINIII’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THREE HUNDRED DOLLARS ($300).
 
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE CONCERNING YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT TO USE THE SERVICES OR DISCONTINUE USE OF THE SERVICES.
 
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution
 
PLEASE READ THIS SECTION CAREFULL, AS IT AFFECTS YOUR LEGAL RIGHTS.

By default, any disputes or claims related to your use of our services will be handled through arbitration and not in court. This means you give up your right to file a lawsuit in court or participate in a class action. However, you have the option to opt out of this agreement within 30 days of registering.

How to Opt Out of Arbitration and Class Action Waiver. To opt out, send an email within 30 days of your registration date to admin@afiniii.com.

YOUR EMAIL MUST INCLUDE:

-  Your full name and a statement clearly indicating that you choose to opt out of arbitration and/or the class action waiver.

IF YOU OPT OUT:
 

-  You will retain the right to bring legal claims in your state’s court system instead of through arbitration.

 

-  Any disputes will still be governed by your state’s laws and applicable federal laws.

Agreement to Arbitrate
 
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Afiniii, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.
 
YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND AFINIII ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
 
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief
 
YOU AND AFINIII AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND AFINIII AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S CLAIM(S).
 
Pre-Arbitration Dispute Resolution
 
Afiniii is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at admin@afiniii.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Afiniii should be sent to:
 
Afiniii LLC
10115 Greenwood Ave N, #273
Seattle, WA, 98133
 
(“Notice Address”)
 
The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Afiniii and you do not resolve the claim within sixty (60) calendar days after receiving the Notice, you or Afiniii may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Afiniii or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Afiniii are entitled.

Arbitration Procedures
 
The arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website: http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found on the AAA’s consumer arbitration page: http://www.adr.org/ consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms will be controlled unless the arbitrator determines that applying the inconsistent terms would not result in fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to this Arbitration Agreement's scope, enforceability, and arbitrability. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
 
Unless Afiniii and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties cannot agree on a location, AAA shall make the decision. If your claim is for $10,000 or less, Afiniii agrees that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
 
Costs of Arbitration
 
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement.  All Arbitration  Fees will be equally shared by both parties. Each party will be responsible for their own attorney’s fees. The AAA Rules will govern any payments related to judgments.

Confidentiality
 
All aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator will be strictly confidential for the benefit of all parties.

Severability
 
Suppose a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable. In that case, the parties agree to replace such term or provision with a term or provision that is valid and enforceable, and that comes closest to expressing the intention of the invalid or unenforceable term or provision. This Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

Future Changes to the Arbitration Agreement
 
Notwithstanding any provision in this Terms of Service to the contrary, Afiniii agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Afiniii written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you agree to arbitrate any dispute between us per the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination
 
You agree that Afiniii, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services for any reason, including, without limitation, for lack of use or if Afiniii believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for terminating your use of Services may be referred to appropriate law enforcement authorities. Afiniii may also, at its sole discretion, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Afiniii may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Afiniii will not be liable to you or any third party for any termination of your access to the Services.

User Disputes
 
You agree that you are solely responsible for your interactions with any other user in connection with the Services, and Afiniii will have no liability or responsibility with respect thereto. Afiniii reserves the right but has no obligation to become involved in any way with disputes between you and any other Services user.

General
 
These Terms of Service constitute the entire agreement between you and Afiniii and govern your use of the Services, superseding any prior agreements between you and Afiniii for the Services. You may also be subject to additional terms and conditions that apply when you use affiliate or third-party services, third-party content, or third-party software. The laws of the State of Washington will govern these Terms of Service. Concerning any disputes or claims not subject to arbitration, as set forth above, you and Afiniii agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Washington. The failure of Afiniii to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without Afiniii's prior written consent, but Afiniii may assign or transfer any part of these Terms of Service without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices may be made via email, text, or regular mail. The Services may also notify you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.

Your Privacy
 
At Afiniii, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein. Contact us at Afiniii LLC, 10115 Greenwood Ave N, #273, Seattle, WA, 98133, and admin@afiniii.com.

Notice for California Users
 Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Contact us at Afiniii LLC, 10115 Greenwood Ave N, #273, Seattle, WA, 98133, and admin@afiniii.com.