All use of the website pages (“Site”) of Affinity Express, Inc. (“AffinityX”) located within www.affinityx.com or use of the AffinityX services accessed under the Site are subject to the terms and conditions set forth below (“terms”).
AffinityX may amend the terms at any time by posting the amended terms on this Site. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these terms as modified.
You may use the Site and the information and content thereon solely for your non-commercial, personal purposes and/or to learn about AffinityX’s products and services. This Site and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of AffinityX. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including but not limited to images, text, page layout and form) of AffinityX without the express written consent of AffinityX. You may not use any meta tags or any other “hidden text” utilizing the AffinityX name or marks without the express written consent of AffinityX. Any unauthorized use terminates the license granted by AffinityX.
All content provided on this Site is owned by or licensed to AffinityX and protected by United States and international copyright laws. AffinityX retains all proprietary rights to the AffinityX content. The AffinityX content (including but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, etc.) may not be reproduced, transmitted or distributed without the prior written consent of AffinityX. The trademarks, service marks, trade names and logos on this site are trademarks of AffinityX.
AffinityX will provide you with access to its services and content and ad production, marketing material design, interactive design services, document creation services, embroidery digitizing services, artwork creation services, logo creation services, image editing services, order management/entry services and/or digital archiving services to you as purchased or subscribed to by you. You may submit orders online or through other methods that may be made available to you from time to time. Any such submission constitutes a valid and binding order. AffinityX may modify its service from time to time, including by adding or deleting features and functions.
For services purchased by you, you will be billed per the published price list. For non-subscription plans, AffinityX may change its published prices quarterly upon 30-day notice. For subscription plans, AffinityX may change its published prices annually upon 90-day notice.
AffinityX invoices for orders after they are emailed to you or uploaded to your AffinityX online storage area. At the time of invoicing your credit card will be charged for the price of the order.
Credit Card Authorization
AffinityX will authorize your credit card for $1 for validation purposes. The authorization is not a charge and will be removed from your statement within one billing cycle. Periodically AffinityX will resubmit your card for the $1 authorization to validate that the credit card is still valid. Once again the $1 authorization will be removed from your statement within one billing cycle.
Licensing AffinityX Tools
The Site is based upon proprietary AffinityX technology. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of AffinityX or its licensors (if any).
In addition, from time to time AffinityX may provide you with certain forms, templates, models and support guides to help you with marketing, selling and ordering our services or supporting your customers (collectively, “tools”). AffinityX retains all rights of ownership of these tools in both their original and any modified format. The use of these tools is granted to you in a nonexclusive, non-transferable license. You may not copy, reproduce, upload, publish, disclose or distribute these tools to any other party or use these tools in any way associated with products or services sold to you or your customers by any other outsourced graphic design or advertising and marketing production service. You agree to return all licensed tools upon termination of this agreement.
LIMITATION OF WARRANTY AND LIABILITY
AFFINITYX AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. THIS SITE IS PROVIDED BY AFFINITYX ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFFINITYX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, AFFINITYX PROVIDES THE TOOLS, ANY DERIVATIVE WORKS, AND SERVICES ON AN “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATING TO ANY OF THE TOOLS, ANY DERIVATIVE WORK, OR ANY USE OF ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WHATSOEVER AS TO THE FITNESS FOR A PARTICULAR USE OR THE MERCHANTABILITY OF SUCH DOCUMENTS.
IN NO EVENT SHALL AFFINITYX BE LIABLE TO YOU OR ANY OF YOUR CUSTOMERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF AFFINITYX HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AFFINITYX DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AFFINITYX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR USE OF THE TOOLS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.
You agree to indemnify, defend and hold harmless AffinityX, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the tools, or any violation by you of these terms.
All notices must be in writing.
When you visit www.affinityx.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
AffinityX reserves the right to use the graphics it produces for the promotion of its design and production services.
Illegal or Inflammatory Materials
AffinityX reserves the right, in AffinityX's sole discretion, to refuse to accept any graphic and design project or to terminate any project prior to completion at any time and for any reason, including when materials are submitted that it deems to be illegal or inflammatory. You agree that AffinityX shall have no liability of any kind to you or to any third party arising from such refusal or termination.
This site may be linked to other sites, which are not maintained by AffinityX. AffinityX is not responsible for the content of those sites. These links are provided for convenience purposes and are not under the control of AffinityX. AffinityX does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation, with respect to any third party, any third party’s site, the content of any third party’s site, or any products or services provided by a third party, by AffinityX of the sites. AffinityX disclaims any liability for links: (i) from another site to AffinityX; and (ii) to another site from AffinityX. In order to link to AffinityX, all users must comply with Linking Terms. Once you link to another site, you are subject to the policies of the new site.
By linking to our site, all “linkers” accept and acknowledge the following terms of linking: linker agrees that it will not at any time do or cause to be done any act or thing in any way impairing the image/reputation of AffinityX. In connection with the use of the AffinityX trade name/reference, linker shall not in any manner represent that it is endorsed by AffinityX or that linker is acting in a representative capacity of AffinityX. Except for the users set forth herein, linker shall not utilize the AffinityX name nor its relationship with AffinityX for purposes of or in any manner which intentionally gives rise to advertising or publicity, unless AffinityX shall consent to such use in writing prior to publication.
Regardless of the foregoing, AffinityX reserves the right to rescind this consent with or without cause at any time. In such event, linker shall remove its link to the AffinityX site within 24 hours of receipt of notice from AffinityX.
These terms constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by AffintyX of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.