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PLEASE READ THESE TERMS & CONDITIONS CAREFULLY
Affy Tapple L.L.C., a Beavers Holdings company, and affiliated companies (hereinafter referred to as "Affy Tapple," "we," "us," "our," or "Company"), has created the following Terms & Conditions of Use ("Terms & Conditions") to apply to all users and clients ("you" or "your") of this website and all digital assets contained or offered therein (collectively, our "Services"). By using the Services, you acknowledge that you have read and understand these Terms & Conditions.
By accessing or using the Services in any manner, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in the Section titled "Arbitration Clause and Class Action Waiver," and the Privacy Policy, and represent that you have read and understood its terms. If you do not accept all of these terms and conditions you are not authorized to use the Services.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content, from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
All content, features, and functionality available through our Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement ("Materials") are either the proprietary property of us, our affiliates, or licensors and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any database or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Information (as defined in our Privacy Policy).
All registered and unregistered trademarks visible or accessible through our Services are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.
As a condition of your use of the Services, you warrant that (i) all information supplied by you within the Services is true, accurate, current, and complete, and (ii) you possess the legal authority to enter into these Terms & Conditions and to use the Services in accordance with all terms and conditions herein.
We retain the right at our sole discretion to deny access to anyone to the Services and the services we offer, together with any other legal remedies at any time and for any reason, including, but not limited to, for violation of these Terms & Conditions.
Copying, transmission, reproduction, replication, posting, or redistribution of the content within the Services or any portion thereof is strictly prohibited without the prior written permission of Affy Tapple.
Our Services, including our website and any mobile applications are intended only for users over the age of eighteen (18).
We do not target our Services to minors, who are under thirteen (13) (or a higher age threshold where applicable). To register and create an account with the Services, you must be at least 13 years of age. You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13).
In order to access or utilize certain aspects of the Services, you may be required to establish and maintain a valid user account ("User Account") with us. You may be required to create and maintain a unique username and password. You are solely responsible for maintaining the confidentiality of information relating to your User Account.
You agree to provide accurate, current and complete information concerning your User Account and to use reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete. It is your responsibility to notify us of any changes of your User Account information, including your contact information. As a User Account holder, you are responsible for safeguarding your User Account access information and are responsible for all uses of your username and password. You understand and agree that you are solely responsible for all activities that occur through your User Account.
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Services or its related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services including our website (or related website, other websites, or the Internet) or Services; (h) to collect or track the personal information of others; (i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or Services, including those to prevent copying of content or that limit use; (l) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam" or any other similar solicitation; (m) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (n) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (o) use a buying agent or purchasing agent to make purchases on the website; (p) use the Services to advertise or offer to sell goods and services; (q) engage in unauthorized framing of or linking to the Services; (r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services; (t) sell or otherwise transfer your profile; (u) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; (v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (w) copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"); (z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or (aa) in any way that may be deemed a breach or violation of any of our Terms & Conditions or Privacy Policy. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
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Errors, Inaccuracies, & Omissions
Our Services, including our website and application, may contain typographical errors, inaccuracies, or omissions that may relate to Company offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).
We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.
No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
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Links to the Services
You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.
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Links on the Services
Our Services might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party's materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party's websites or other platforms. Please review carefully other party's website's policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
Affy Tapple offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders, back in stock alerts, price drop alerts, low inventory alerts by SMS message (the “Service”) on 80978. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service starts, you will need to agree to these Terms. Affy Tapple reserves the right to stop offering the Service at any time with or without notice. Affy Tapple also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
By opting into the Service, you:
- Authorize Affy Tapple to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt in, or, if none, the number on file for the account associated with your opt in).
- Acknowledge that you do not have to agree to receive messages as a condition of purchase.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- Consent to the use of an electronic record to document your opt in. To request a free paper or email copy of the opt in or to update our records with your contact information, call (888) 215-1100. To view and retain an electronic copy of these Terms or the rest of your opt in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Once you affirm your choice to opt in to the Service on 80978, your message frequency may vary. You may receive alerts about:
- Sale promotions
- Event information
- Product launch announcements
- Cart reminders
- Back in stock alerts
- Price drop alerts
- Low inventory alerts
Charges and Carriers Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Affy Tapple may add or remove any wireless carrier from the Service at any time without notice. Affy Tapple and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To stop receiving text messages from Affy Tapple, text the word STOP to 80978 any time or reply STOP to any of the text messages you have received from Affy Tapple. This is the exclusive method for opting out. After texting STOP to 80978, you will receive one additional message confirming that your request has been processed.
You can text HELP for help at any time to 80978. This will provide you with our phone number at (888) 215-1100 and/or email address customerservice@affytapple.com for assistance. You can also contact us at https://www.affytapple.com/service/contact-us.
AFFY TAPPLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ABOUT THE SUITABILITY OF OUR SERVICES FOR ANY PURPOSE. THE SERVICES AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Affy Tapple DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE WEBSITE WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT OR INFORMATION (REGARDLESS OF WHETHER IT COMES FROM A SERVICE PROVIDER, FROM A USER, OR FROM Affy Tapple) WITHIN THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE OR UP TO DATE; OR THAT YOUR USE OF THE SERVICES WILL PRODUCE ANY DESIRED RESULT. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. Affy Tapple DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF PRODUCTS DISPLAYED WITHIN THE SERVICES.
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
IN NO EVENT SHALL Affy Tapple OR ANY Affy Tapple AFFILIATE, SHAREHOLDER, MEMBER, OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, ADVISOR, CONSULTANT OR CONTRACTOR BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD-PARTY SERVICE PROVIDERS FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. Affy Tapple HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
SUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL Affy Tapple OR ANY Affy Tapple AFFILIATE, SHAREHOLDER, MEMBER, OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, ADVISOR, CONSULTANT, SERVICE PROVIDER SUBCONTRACTORS, SUPPLIERS, INTERNS OR CONTRACTOR BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY LOSS OF INCOME, LOST PROFITS, LOST REVENUE, LOST SAVINGS, GOODWILL, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING WITHIN THE SERVICES; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH OUR SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF OUR SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Affy Tapple HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Affy Tapple AND ANY OF Affy Tapple' AFFILIATES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ADVISORS, CONSULTANTS, SERIVCE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, CONTRACTORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, LIABILITIES, FINES, PENALTIES, OR OTHER COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS), BROUGHT BY THIRD PARTIES AS A RESULT OF, ARISING OUT OF OR RELATED TO:
- YOUR VIOLATION OR BREACH OF THESE TERMS & CONDITIONS OR THE DOCUMENTS REFERENCED HEREIN;
- YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; OR
- ANY TRANSACTION, DEALING OR DISPUTE BETWEEN YOU AND ANY OTHER PERSON OR ENTITY (OTHER THAN Affy Tapple), INCLUDING, WITHOUT LIMITATION, ANY SALE OR PURCHASE TRANSACTION TO WHICH YOU ARE A PARTY.
These Terms & Conditions are effective until terminated. We may terminate these Terms & Conditions at any time without notice to you and may deny you access to our Services.
This Terms & Conditions and any separate agreements whereby we provide you Services shall be exclusively governed by and shall be construed in accordance with the laws of the State of Illinois, U.S.A., without regard to principles of conflicts of law.
You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
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Arbitration Notice
You and Affy Tapple agree that if there is any dispute or claim arising from or related to our Services, including claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory, these Terms & Conditions, and/or the Privacy Policy it will be resolved by confidential binding arbitration in Niles, Illinois, rather than in court, after first giving Notice of the Dispute ("Notice") to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to: Affy Tapple, 6300 W Gross Point Rd, Niles, IL 60714. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought. If you and Affy Tapple are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
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The Federal Arbitration Act and federal arbitration law apply and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
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The arbitration shall be held in the State of Illinois or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator's award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms & Conditions to the contrary, you and we agree that if us makes any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms & Conditions containing this Section is posted to the websites, and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
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Claims and Disputes Must be Filed Within One Year
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors and assigns.
Affy Tapple may change, add, suspend or delete these Terms & Conditions or any portion thereof from time to time in its sole discretion, including where Affy Tapple deems it necessary for legal, general regulatory, and technical purposes, or due to changes in the services provided or nature or layout of the Services. If we modify the Terms & Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms & Conditions for any changes. Affy Tapple reserves the right at any time and for any reason, with or without notice, and without liability to you, to: (i) restrict, limit, suspend or terminate your access to the Services; (ii) remove any or all of your content or information from the Services; (iii) monitor your use of the Services to verify compliance with these Terms & Conditions and/or any applicable law; (iv) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement in such investigation; and (v) disclose information about your use of the Services in connection with a law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order or subpoena. These Terms & Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
A failure by Affy Tapple to exercise or enforce any right or provision under these Terms & Conditions does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms & Conditions will only be effective if it is in writing and signed by Affy Tapple.
To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
If you have questions, concerns, or need assistance you can contact us at customerservice@affytapple.com, call us toll free at (847) 588-2900, or write us at:
Affy Tapple
6300 Gross Point Rd.
Niles, IL 60714
Last Updated: July 14, 2023