IMPORTANT: Please read the following, and the
Privacy Policy before
accessing and using this Site.
Thank you for visiting www.americanfinancialstrategies.com.
We hope that you will find this website ("Site") helpful
and informative.
The following are the terms and conditions ("Terms")
that apply to and govern your use of this Site. These Terms also
incorporate our Privacy Statement.
If you do not agree with any terms or conditions herein, or have
any questions, before proceeding contact us directly at webmaster@americanfinancialstrategies.com,
and we will be pleased to assist you. BY CHOOSING TO ACCESS AND
USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND
BY THESE TERMS.
Exclusive Terms. Please note that these Terms
exclusively govern your access and use of this Site and do not
alter or affect the terms and conditions of any other agreement
that you may have or enter into with any AFS entity for any given
product or service. The latter agreement will continue to govern
that specific legal relationship with AFS. However, some pages
on this Site or areas of this Site with restricted access ("Secured
Sites", including project extranets or sites engaged in e-commerce)
may require the application of additional or special terms and
conditions (for example, licensing restrictions to download software)
which may be accessed through a separate link on the home page
of that Site.
Changes to Site. In order to improve our service
to you, we reserve the right to make changes in the access, operation,
and content of this Site at any time without notice. We also reserve
the right to make changes in the Terms and the Privacy
Statement, so please check before each use for changes.
Secured Sites. Access to some areas on this
Site is restricted to users ("Authorized User(s)") who
have completed a registration process and who have then been granted
authorization for access through issuance of a unique user ID
and password ("Secured Site(s)"). No other persons other
than Authorized Users may access these Secured Sites. Registrations,
passwords, and user ID numbers are non-transferable. Due to technical
uncertainties in internet transmissions, AFS cannot be responsible
for authenticating the identity of any person accessing a Secured
Site with a verified user ID and password. As an Authorized User,
you are solely responsible and liable to maintain the security
and confidentiality of your password and user ID, and accordingly,
you are liable for all resulting access, use and activities on
these Secured Sites under this ID and password, including any
use by others "borrowing" the user ID and password,
or any fraudulent, erroneous, or unauthorized third party use.
Should you become aware that your name, identity, account, system,
electronic signature, registration, user ID, password, or other
protected data or your idenity is being used or attempted to be
used on a Secured Site or otherwise by an unauthorized third party,
or in the event of any other possible error, misuse or fraud,
it is your responsibility to inform us immediately upon discovery
so we may take appropriate action. We reserve the right to terminate
any Authorized User's access to and use of a Secured Site at any
time, and without notice, including but not limited to any possible
or alleged misuse, abuse, violation of law, fraud, or misconduct
by any person accessing or using the Secured Site under a user
ID and password.
Copyright Notice. You acknowledge that, unless
otherwise specifically designated, AFS is the sole owner of all
intellectual property rights to this Site and its contents, including
but not limited to copyright protection for all content, including
the design, layout, graphics, photos, format, and other visual
elements of the Site. All ownership rights pertaining to the information
and material contained on this Site, including but not limited
to the AFS name, logos, trademark, graphics, photos, images, and
content, are owned or have been duly licensed by AFS, WITH ALL
RIGHTS RESERVED. The Site pages and content may be electronically
copied or printed in hard copy for internal informational, personal
or non-commercial use only, provided that no modifications are
made, it is not published in any media, and on each page of ever
internal copy, AFS is acknowledged as the source with a copyright
symbol. You are not granted any license to use the content. Any
use other than that set forth above, including the non-internal
reproduction, modification, copying, display or use of any copyright-protected
AFS or other logo, graphic, photo or image, without the prior
written permission of AFS, is strictly prohibited and will be
enforced to the full extent of the law. Except for data and information
submitted pursuant to an existing agreement with AFS, any ideas,
material, or content submitted by any user on or through this
Site (including by e-mail) is, to the extent you own the intellectual
property rights, the sole property of AFS, and AFS has no obligation
of confidentiality nor are we responsible for any claims of infringement
or misappropriation that may result from any submission. Personal
information submitted will be treated in accordance with our Privacy
Statement. AFS makes no guarantee, representation or warranty
that the content of this Site or its use will not infringe upon
the intellectual property right of any person, nor that the use,
transfer, reproduction, distribution, transmission, or storage
of any Site content outside the United States is in compliance
with the laws of any other governmental authority or jurisdiction
which may be applicable.
No Warranties Provided. The information on this
Site is provided for general information purposes only. While
AFS strives to provide timely, accurate and complete information,
you may discover some inadvertent typographical, technical, factual,
or other errors or omissions in the information provided. Please
bring them to our attention. Since such mistakes may occur, AMERICAN
FINANCIAL STRATEGIES MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY,
SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA,
INFORMATION, OR SERVICES FURNISHED TO YOU ON OR THROUGH THIS SITE,
OR CONCERNING THE INFORMATION YOU PROVIDE TO US. WE ARE PROVIDING
THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN ON AN "AS
IS, WHERE IS, AS AVAILABLE" BASIS, AND ALL WARRANTIES (EXPRESS
OR IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
User Conduct. For the convenience of our users,
some areas on this Site may allow for interactive communication,
some of which may be conducted in "real time". You agree
not to post any content which is or may be, in whole or in part:
false, unlawful, criminal, fraudulent, misleading, infringing,
libelous, slanderous, defamatory, profane, racist, sexist, threatening,
inflammatory, obscene, invasive of personal or privacy rights,
advertising, promoting or soliciting for commercial purposes,
containing any known viruses or bugs, or which is otherwise harmful,
offensive, inappropriate, or unprofessional. AFS has no obligation
to monitor, screen, filter or edit any information, communication,
or content that is directly posted by or shared by users on the
Site, however we may at our discretion from time to time monitor
use of the Site, and we reserve the right to delete or edit any
objectionable content posted or submitted by authorized users,
terminate the user's access to the Site, deny future access, or
take any other action we deem appropriate under the circumstances.
Please report any such violations to us at webmaster@americanfinancialstrategies.com.
AFS will handle any personally identifiable data or information
posted by you in accordance with our Privacy Statement, however,
any third party liability or usage which may arise from your posting
will be solely at your own risk. Information obtained through
monitoring our Site may also be used for duly authorized law enforcement
investigations. We also reserve the right to identify and investigate
inquiries to the extent required to comply with applicable laws
and regulations, including but not limited to U.S. export control
laws and executive orders. AFS will have no liability for any
content posted by users on any Site (including Secured Sites).
Compliance with all Laws. This Site is operated
from servers located in Southern California. You agree that your
use of this Site will be in compliance with all relevant and applicable
laws and regulations, which shall include but not be limited to
U.S. export control laws and executive orders. The information
provided on and through this Site or any Secured Site may be deemed
in some cases to be controlled technology and subject to the export
control restrictions of the United States. IT IS YOUR OBLIGATION
TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS
OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER
AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED"
AS DEFINED BY LAW. This Site may not be accessed or used by any
national of certain countries or groups against which the United
States has instituted sanctions (including Iran, Libya, Iraq,
Cuba, the Sudan, and members of some Angolan and Serbian groups),
Specially Designated Nationals, and other proscribed persons who
are listed on the Denied Parties list. Due to technical uncertainties
preventing verification of the identity and ultimate point of
access by any person attempting to access or use the Site, including
any Secured Site, your access of the Site, including the presentment
of any authorized user ID and password, constitutes your express
representation that (1) the person attempting access thereunder
is not a national of any such sanctioned country or group or a
Specially Designated National, and (2) is not included on such
Denied Parties list, and (3) that, if an Authorized User, you
have not disclosed or provided such password and user ID to any
such person for use under your registration. Users shall be fully
liable and subject to prosecution to the full extent of the law
for any violations of this paragraph, and SUCH USER HEREBY AGREES
TO DEFEND, INDEMNIFY AND HOLD AFS HARMLESS FROM AND AGAINST ANY
AND ALL SUCH DAMAGES AND LIABILITY.
Site Security. So that this Site remains to
the extent possible open and available to all users, we have mechanisms
in place to identify unauthorized attempts to gain access to Secured
Sites, upload or change information or any image, inject any harmful
elements, or otherwise cause damage. Regardless, even though we
strive to keep these mechanisms up to date, due to the technical
uncertainties, we are unable to make any representation or warranty
that the content, information, or links in this Site are secure
and free of data-processing errors, technical glitches, operational
problems, interruptions, errors, bugs, worms, viruses, unauthorized
third party access, or any other harmful elements. YOU REMAIN
SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS
WHEN USING THIS SITE. Unauthorized attempts to upload, insert,
or change any information or image on this Site or cause harm
are strictly prohibited and may be punishable to the full extent
of the law, including the Computer Fraud and Abuse Act and the
National Information Infrastructure Protection Act.
Outside Links. For your information or convenience,
this Site may contain direct links or hyperlinks to websites that
are maintained by third parties. When clicking on such a link,
you are leaving our Site. Therefore, AFS has no control over,
does not endorse, and is not liable for, the quality, operation,
reliability, compliance with laws, ethics, business practices,
nor content of such third party websites, or for any product or
service advertised or provided therein. Any transactions with
such third parties, including provision of your personal information,
are strictly at your own risk. We expressly disclaim all liability
arising from your access of and for the content contained within
or through any such third party website.
Access Outside United States. If you are accessing
this Site from outside the United States, you are doing so at
your own risk, and you remain fully responsible and liable for
familiarity and compliance with these Terms as well as with the
laws, regulations, directives, codes, and rules of the United
States, including its export compliance laws and regulations,
as well those of the jurisdiction from which you are accessing
the Site, and any other applicable jurisdiction which may be involved
in the access, transmission, routing, receipt, disclosure, storage
or use of information on this Site, or any commercial transactions
conducted on or through this Site.
Privacy. The use of your personal information
given to us during your visit to our Site is governed by the AFS
Privacy Statement, which
is posted on this Site and incorporated into these Terms. You
agree that any personal information you choose to provide to us
will be accurate and truthful to the best of your knowledge.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU AGREE THAT AFS
AND ITS AFFILIATES AND DIVISIONS, CUSTOMERS, PARTNERS, AND THEIR
RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS,
SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS,
ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY
SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A RESULT OF
YOUR ACCESS AND USE OF THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AFS AND ITS
AFFILIATES AND DIVISIONS, ITS CUSTOMERS AND JOINT VENTURE PARTNERS,
AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS,
VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES,
LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE SITE
IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.
SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY
REASON, IN WHOLE OR IN PART, COMPANY'S AGGREGATE LIABILITY TO
YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN
NO EVENT EXCEED THE SUM OF $100.00. ALL OTHER TERMS AND CONDITIONS
HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD
BE FOUND UNENFORCEABLE.
Applicable Law and Dispute Resolution. You agree
that these Terms will be interpreted under the laws of the State
of California, regardless of any conflicts of laws rules, and
regardless of the laws of any other jurisdiction which may be
asserted. Any dispute or claim which you may have ("Claim")
arising from your access or use of the Site shall be first submitted
in writing to AFS within one month (30 days) from the occurrence
of the event upon which such Claim is alleged to be based, or
such Claim shall be deemed waived. Any Claim which has been properly
submitted to AFS which has not been resolved within a reasonable
period time not to exceed six (6) months may be submitted to binding
arbitration as an exclusive alternative to litigation. YOU EXPRESSLY
WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST
AFS BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS.
Any arbitration will be administered in accordance with applicable
commercial rules and procedures. Any arbitral award will specifically
exclude any special, indirect, incidental, exemplary, punitive,
or consequential damages.
Thank you for visiting www.americanfinancialstrategies.com.
If you have any questions, comments, or suggestions concerning
this Site, we would like to hear from you. Please contact webmaster@americanfinancialstrategies.com.
Last Updated: 08/08 |
