Effective Date: September 1, 2022
Welcome to Affine Mainnet BETA (https://app.affinedefi.com), a website-hosted user interface (the "App") provided by Affine Labs and its affiliates ( "Affine" or "we", "our", or "us").
PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH AFFINE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
By connecting to the App by way of a third-party wallet or via Magic.Link, or by accessing or using the Services, you agree to be bound by these Terms of Service (or this “Agreement”).
You must read this Agreement carefully. By accessing or using the Services, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Services.
THE SERVICES ARE NOT INTENDED FOR THE USE OF CHILDREN UNDER 18 AND NO SUCH PERSON IS AUTHORIZED TO USE THEM. BY USING THE SERVICES, YOU ARE REPRESENTING THAT YOU ARE AT LEAST 18 YEARS OLD. YOU ALSO REPRESENT, BY ACCESSING OR USING THE SERVICES, THAT YOU ARE OF LEGAL AGE TO ENTER INTO LEGAL AGREEMENTS.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE SERVICES.
You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or where your use of the Services would be illegal or otherwise violate any applicable law. You further represent that your access and use of the Services will fully comply with all applicable laws and regulations, and that you will not access or use the Services to conduct, promote, or otherwise facilitate any illegal activity.
We reserve the right, at our sole discretion, to modify this Agreement at any time upon notice. If we make modifications, we will notify you by updating the date at the top of the Agreement or through other reasonable means. You can review the latest version of this Agreement at affinedefi.com/legal/terms at any point in time. All modifications will be effective upon posting, and your continued use of the Services will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Services.
Investments in crypto assets are not considered legal tender and are not backed by any government or public authority. In addition, crypto assets are considered highly speculative and you are solely responsible for evaluating the merits and risk associated with the use of any information, materials, or content provided through the Services before making any decisions on such content. As a user of the Services, you alone are responsible for determining whether any content, product, service, security, or other financial instrument mentioned on the Services is suitable for your personal financial purposes.
Affine does not give investment, tax, legal, or other professional advice by allowing you to use the Services, the ability to purchase, sell, or store Digital Assets, and we do not recommend, or endorse that you purchase or sell crypto assets, or make any investment. Before engaging in any transaction or investment activity, you should consult a qualified professional. You acknowledge that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you.
It is important to understand that neither we nor any affiliated entity is a party to any transaction on the blockchain networks underlying the App; we do not have possession, custody or control over any crypto assets appearing on the Services; and we do not have possession, custody, or control over any user’s funds. Further, we do not store, send, or receive any crypto assets. You understand that when you interact with any smart contracts, you retain control over your crypto assets at all times. The private key associated with the wallet address from which you transfer crypto assets or the private key associated is the only private key that can control the crypto assets you transfer into the smart contracts. You alone are responsible for securing your private keys. We do not have access to your private keys. Due to the non-custodial and decentralized nature of the technology, we are not intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions or activities that you affect when using our Services. You acknowledge that we, for the avoidance of doubt, do not have any information regarding any users, users’ identities, or services beyond what is available or obtainable publicly via the blockchain. We are not responsible for any activities you engage in when using Services, and you should understand the risks associated with crypto assets, blockchain technology generally, and our Services.
By accessing and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of crypto assets such as bitcoin (BTC), ether (ETH), and other digital tokens and protocols such as Compound and Aave. You further understand that the markets for these crypto assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum and Polygon are variable and may increase dramatically at any time. You further understand that the specific mechanisms that undergirds the crypto assets protocols may result in delays in executing sale transactions due to bridging time and costs between different blockchains. You further acknowledge the risk that your crypto assets may lose some or all of their value while they are supplied to the protocol. Affine does not own or control the underlying software protocols of crypto assets. Crypto asset protocols are subject to changes in protocol rules (referred to as “forks”), and that such forks may materially affect the value, function, or name of the crypto asset. You acknowledge and agree (i) that Affine is not responsible for operation of the underlying crypto asset protocols and that Affine makes no guarantee of their functionality, security, or availability; and (ii) if a fork occurs, Affine is not responsible for any underlying changes relating to the affected crypto assets as they remain fully controlled by various protocols. You further acknowledge that we are not responsible for any resulting losses that you experience while accessing or using the Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Services and interacting with the crypto assets protocols.
You are solely responsible for determining what, if any, taxes apply to your crypto assets transactions. Affine is not responsible for determining the taxes that apply to crypto assets transactions.
The Services do not store, send, or receive crypto assets, as crypto assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of crypto assets occurs within the supporting blockchain and not on the Services.
There are risks associated with using crypto assets, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Affine will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the crypto assets, however caused.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of crypto assets.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of crypto assets.
You are solely responsible for maintaining insurance policies for your crypto assets. You acknowledge and agree that Affine does NOT make any promises or warranties (a) with respect to insurance policies carried by Affine or (b) that you will be able to make any claims against any insurance policies carried by Affine. Deposits within the Affine protocol are not insured by the Federal Deposit Insurance Corporation (FDIC), Securities Investor Protection Corporation (SIPC), or any other governmental or private deposit insurance scheme or program.
Images and metrics provided on the Services are meant to be illustrative of prevailing metrics at the time of publication. Past performance data, performance graphs, rates, gas fees, or other historical information are not a guarantee of future performance and should not be considered as indicative of future results.
Although we will comply with all valid subpoena requests, we will carefully consider each request to ensure that it comports with the spirit and letter of the law, and we will not hesitate to challenge invalid, overbroad, or unconstitutional requests as appropriate. We use commercially reasonable safeguards to preserve the integrity and security of your personally identifiable information (“PII”) and aggregate data. However, we cannot guarantee that unauthorized third parties will never be able to obtain or use your PII or aggregate data for improper purposes. You acknowledge that you provide your PII and aggregate data at your own risk. By accessing and using the Services, you understand and consent to our collection, use, and disclosure of your PII and aggregate data.
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to Affine and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
Except as expressly provided in this Agreement, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
Provided that you are eligible, you are hereby granted a single, personal, limited license to access and use the Services. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause. Use of the Services or its Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Unlike the App, the protocol is comprised entirely of open-source software running on the public Ethereum blockchain and is not our proprietary property.
Certain third-party software tools included in or with the Services are open-source tools not provided by or warranted by Affine and to which any restrictions stated in this Agreement do not apply. Such open-source components include the crypto assets protocols which are comprised entirely of open-source software running on the public Ethereum blockchain. Such open-source components are excluded from any fees charged by Affine for any of its Services.
You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with this Agreement. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of Affine and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and Affine shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to all other Submissions, you hereby grant Affine an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in this Agreement.
You may not create, post, store or share any Submissions that violate this Agreement or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Submissions, and our use of such content as permitted by this Agreement, will not violate any rights of, or cause injury to, any person or entity. Although we have no obligation to screen, edit or monitor Submissions, we may delete or remove Submissions at any time and for any reason with or without notice.
In connection with your use of the Services, you agree that you will not:
Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.
Affine reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Fees. You agree to pay all fees for the Services and any applicable taxes. Payment obligations are non-cancelable and fees paid are non-refundable.The description and amount of these fees are as set forth in the user interface. You hereby consent to Affine deducting such fees or deductions from your wallet balances or transaction amounts upon transaction.
You agree to keep your account and payment information current at all times.
From time to time we may offer free trials to, or introductory pricing for, the Services. These offers are available only to first time users of the Services. If you respond to a free trial or introductory pricing offer but do not qualify, we reserve the right to reject your order. If a trial period is not explicit, then we may terminate such free Services at any time without notice.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your transactions hereunder. For clarity, we are solely responsible for Taxes assessable against us based on our income, property and employees.
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.
This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
All information provided by the Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Services. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate and taking into account your specific financial, tax, or legal positions and circumstances.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT THE SERVICES WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING THE SERVICES. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL AFFINE, ITS AFFILIATES AND SUBSIDIARIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS (THE “AFFINE PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF THE SERVICES, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR THE INFORMATION CONTAINED THEREIN. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE SERVICES; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE SERVICES; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. UNDER NO CIRCUMSTANCES SHALL THE AFFINE PARTIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US IN EXCHANGE FOR ACCESS TO AND USE OF THE SERVICES, OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES AND DAMAGES. ACCORDINGLY, SOME OF THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
AFFINE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF CRYPTO ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES OR CRYPTO ASSETS.
BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING PARAGRAPHS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE OFFER NO WARRANTY FOR, AND WILL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO SERVICES OFFERED FOR ALPHA OR BETA TESTING, SERVICES PROVIDED DURING A FREE TRIAL PERIOD, OR SERVICES OFFERED TO USERS AS A “PREVIEW” OR PRE-RELEASE, ALL OF WHICH ARE PROVIDED “AS IS”, AND PROVIDED FOR EVALUATION PURPOSES (INDIVIDUALLY AND COLLECTIVELY, “PREVIEWS”). WE MAY DISCONTINUE PREVIEWS AT ANY TIME IN OUR SOLE DISCRETION, WITHOUT NOTICE, AND MAY NEVER MAKE THEM GENERALLY AVAILABLE. PREVIEWS MAY EMPLOY LESSER OR DIFFERENT PRIVACY AND SECURITY MEASURES THAN THOSE TYPICALLY PRESENT IN THE SERVICES.
You agree to hold harmless, release, defend, and indemnify the Affine Parties from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your access and use of the Services; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Services with your assistance or using any device or account that you own or control.
This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the state of Delaware and the federal laws of the U.S.A., each without regard to conflict of laws principles. The parties agree that this Agreement and the transactions contemplated therein shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Arbitration Agreement and Waiver of Rights, Including Class Actions.
PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Agreement to Attempt to Resolve Disputes Through Good Faith Negotiations
Prior to commencing any legal proceeding against us of any kind, including an arbitration as set forth below, you and we agree that we will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to the agreement or the Services (each, a “Dispute” and, collectively, “Disputes”) by engaging in good faith negotiations. Such good faith negotiations require, at a minimum, that the aggrieved party provide a written notice to the other party specifying the nature and details of the Dispute. The party receiving such notice shall have thirty (30) days to respond to the notice. Within sixty (60) days after the aggrieved party sent the initial notice, the parties shall meet and confer in good faith by videoconference, or by telephone, to try to resolve the Dispute. If the parties are unable to resolve the Dispute within ninety (90) days after the aggrieved party sent the initial notice, the parties may agree to mediate their Dispute, or either party may submit the Dispute to arbitration as set forth below.
Agreement to Arbitrate
You and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The place of arbitration shall be Delaware. The language of the arbitration shall be English. The arbitrator(s) shall have experience adjudicating matters involving Internet technology, software applications, financial transactions and, ideally, blockchain technology. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of these Terms as to the types and amounts of damages for which a party may be held liable. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the parties.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding any other provision in this Dispute Resolution section to the contrary, either party will at all times be entitled to seek and obtain injunctive relief from infringement or threatened infringement of its intellectual property rights, or misappropriation of its trade secrets, in any court having jurisdiction.
You agree that Affine may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated this Agreement.
The Services are operated from facilities within the United States. The Services may not be available or appropriate for use in other jurisdictions. By accessing or using the Services, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You may not use the Services if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or if your use of the Services would be illegal or otherwise violate any applicable law. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
The parties declare that they have required that these Terms of Service and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
The Services may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Services. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
When you access or use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. 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. You may preserve this Agreement in written form by printing it for your records, and you waive any other requirement that this Agreement be evidenced by a written document.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Affine’s failure to insist on or enforce strict performance of this Agreement shall not be deemed a waiver by Affine of any provision or any right it has to enforce this Agreement. Any such waiver must be in writing in order to be effective. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
No joint venture, partnership, employment, or agency relationship exists between you and Affine as a result of this Agreement or use of the Services.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Affine may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of Affine or to another third party in the event that some or all of the business of Affine is transferred to such other third party by way of merger, sale of its assets or otherwise.
Under California Civil Code Section 1789.3, California website users 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 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Please contact us if you have any questions about this Agreement by emailing us at firstname.lastname@example.org.