By accessing Affy Tapple L.L.C.’s (“Affy Tapple”, “we”, “us” or “our”) website (“Website”) and utilizing our services, users (“you” or “your”) acknowledge that you have read and understand this Terms of Service Agreement.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement"). By accessing or using the Website in any manner, you agree to be bound by the Agreement 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 this Website.
We may change or otherwise modify the Agreement and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement.
As we may change this Agreement from time to time, please check back regularly to keep informed of updates.
WEBSITE USE
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current, and complete and (ii) you possess the legal authority to enter into this Agreement and to use this Website in accordance with all terms and conditions herein.
We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Copying, transmission, reproduction, replication, posting, or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of Affy Tapple.
CHILDREN
The Website is not intended for or directed to anyone under the age of 13. To register and create an account on the Website, you must be at least 13 years of age. Please also refer to our Privacy Policy regarding this notification.
USER ACCOUNTS
In order to access or utilize certain aspects of the Website, 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 user name 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 user name and password. You understand and agree that you are solely responsible for all activities that occur through your User Account.
PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
Additionally, you agree not to:
- use this Website or its contents for any commercial purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the Website’s availability, performance or functionality, or for any other benchmarking or competitive purposes, or for any purpose other than for your own lawful use that complies with this Agreement and all applicable laws;
- access, monitor, or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, or take any action to interfere in any with the operation of the Website, including, without limitation: hacking, mail-bombing, flooding, overloading or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Website or any server, network or system associated with the Website; breaching or circumventing firewall, encryption, security, or authentication routines; accessing information not intended for you, or accessing another’s account that you are not expressly authorized to access;
- deep-link to any portion of this Website for any purpose without our express written permission;
- frame, mirror, or otherwise incorporate any part of this Website into any other website without our prior written authorization;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Affy Tapple in connection with the Website or the services;
- falsify User Account registration information, or make unauthorized use of another’s information; or
- upload, post, display, publish or distribute any user content that (a) is offensive, obscene, vulgar, pornographic, violent, fraudulent, false, misleading, defamatory, libelous, hateful, or discriminatory, or (b) violates another’s copyright, trademark, right of privacy, right of publicity, or other property or person right.
LIABILITY DISCLAIMER
AFFY TAPPLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE OR ANY PORTION THEREOF FOR ANY PURPOSE. THE WEBSITE AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AFFY TAPPLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ALL SOFTWARE AND CONTENT CONTAINED ON THE WEBSITE; WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AFFY TAPPLE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR EFFOR 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) ON THE WEBSITE WILL BE ACCURATE, RELIABLE, COMPLETE OR UP TO DATE; OR THAT YOUR USE OF THE WEBSITE WILL PRODUCE ANY DESIRED RESULT. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE 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 ON THIS WEBSITE.
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 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 THIS WEBSITE AT YOUR OWN RISK AND IN NO EVENT SHALL AFFY TAPPLE (OR THEIR OFFICERS, DIRECTORS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, 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 THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE) 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.
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.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AFFY TAPPLE AND ANY OF THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, 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 THIS AGREEMENT OR THE DOCUMENTS REFERENCED HEREIN;
- YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY;
- YOUR USE OF (OR INABILITY TO USE), OR YOUR RELIANCE UPON, THIS WEBSITE OR ANY CONTENT OR INFORMATION ON THE WEBSITE; 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.
LINKS TO THIRD PARTY SITES AND INTERACTIONS WITH THIRD PARTIES
This Website may contain hyperlinks to websites operated by parties other than Affy Tapple. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
CUSTOMER ASSISTANCE & CONTACT INFORMATION
If you have questions, concerns, or need assistance you can contact us at customerservice@affytapple.com or by mail at:
Affy Tapple
6300 Gross Point Rd.
Niles, IL 60714
GOVERNING LAW
This Terms of Service Agreement 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.
MODIFICATIONS AND RESERVATION OF RIGHTS
Affy Tapple may change, add, suspend or delete this Terms of Service Agreement 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 Website. Thereafter, you expressly agree to be bound by any such amended Terms of Service Agreement. 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 Website; (ii) remove any or all of your content or information from the Website; (iii) monitor your use of the Website to verify compliance with this Agreement and/or any applicable law; (iv) investigate any suspected or alleged misuse of the Website and cooperate with law enforcement in such investigation; and (v) disclose information about your use of the Website in connection with a law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order or subpoena.
NO WAIVER
A failure by Affy Tapple to exercise or enforce any right or provision under this Agreement does not constitute a waiver of such right or provision. A waiver of any right or provision under this Agreement will only be effective if it is in writing and signed by Affy Tapple.