Welcome to Affordably (“affordably.me” or “we” or “us”) hosted at https://affordably.me and other affiliated websites (collectively, the “Service”). These Terms of Service and other referenced policies explain:
Provision of the Service and your acceptance of all applicable terms and conditions, policies, and all other obligations upon you, will be governed by Delaware law and controlling U.S. Federal law, or where indicated, other applicable international laws.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THE TERMS OF SERVICE INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH AFFORDABLY.
Global Minimum Age Requirements: Persons under the age of 18 may not directly use the Service or Website and should instead refer to their legal parent or guardian. The Service and Website are neither intended for nor designed to be used by anyone under the age of 18. The Website and Service are intended solely for persons who are 18 years of age or older. Any access to or use of the Website or Service by anyone under 18 years of age is expressly prohibited. By accessing or using the Website or Service, you represent and warrant that you are 18 years old or older. If you have reason to believe that a person under 18 years of age is using our Service or Website, please contact us at email@example.com and we will immediately delete such information, subject to and in compliance with applicable law.
If we decide to change these Terms of Service, we will post those changes to this page so that you are aware of them. We reserve the right to modify these Terms of Service at any time, so please review it frequently. If we make material changes to these Terms of Service, we will notify you here, by email, or by means of notice on our home page. Unless otherwise noted by us, your continuing use of affordably.me’s services after we have notified you of any changes to these Terms of Service will indicate your agreement to all changes. If, at any time, you do not agree to any terms of affordably.me’s applicable Terms of Service you may close your account.
Prior to using Affordably, you must indicate that you understand and agree to be bound by these Terms of Service. From time to time, (e.g., when we are validating your Affordably account, when we are re-confirming or re-validating the information in your account, and/or when you are renewing your registration with Affordably or its Services), we may, request that you reaffirm your understanding and agreement to be bound by these Terms of Service.
Affordably maintains an account for you that securely stores your identity and evidence of income data. Before you are able to use your account, Affordably must first verify your identity through a process called identity & income verification. As part of the verification process, you must provide us with various forms of information such as your name, date of birth, social security number, driver’s license number, passport number, street address, email address, telephone number, employee & income information, financial account information and other personal information. The extent of the information needed is determined by the ‘strength’ of the validation process you choose or need from our service and by the requirements of the client for which you are seeking a benefit.
By using Affordably, you expressly agree that:
Please note that Members may only use their Affordably account to verify their own identity, and any use by a party other than the Member, to verify the Members identity or to receive any benefits or Discounts, will be considered a material misrepresentation. Affordably, in its sole discretion, may immediately revoke a Member’s Affordably account upon learning of a violation of any terms contained herein, including, but not limited to inappropriate use of a Member’s Affordably account, and reserves the right to seek all other available remedies, in law or in equity.
Any unauthorized use of the Affordably Service or access to this Website, including without limitation for any commercial or competitive purpose is strictly prohibited and may result in suspension or termination of your account. In addition, you must NOT:
In addition to violating the Terms of Service of the Website, any of the foregoing actions on your part, or on behalf of any entity you are representing, constitutes intentional, unauthorized access of Affordably’s protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by Affordably or by respective third-party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of Affordably and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Affordably and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without Affordably’s prior express written permission. Except where expressly provided otherwise by Affordably, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of Affordably’s intellectual property rights, whether by implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Affordably. Affordably does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Affordably. Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Except where expressly provided otherwise by Affordably, all comments, feedback, information & data submitted to Affordably through, in association with or in regard to the Service, Website, and/or any other Affordably goods or services (“Submissions”) shall be considered non-confidential and Affordably’s property. This may not include copyright ownership of images which you may upload but does include an express license to use said images in any method Affordably sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to Affordably, you agree to assign to Affordably, as consideration in exchange for the use of the Service and Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant Affordably these rights. Affordably shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Affordably, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.
Affordably reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any Affordably site that violates these Terms of Service and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Service and/or protect the safety or security of any person or property, including any Affordably site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent. If you do so, Affordably reserves the right to cancel or suspend your account. Furthermore, Affordably reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using Affordably for improper purposes, or any purpose inconsistent with its business
Affordably does not charge members any fees for registering and/or using the Service or Website.
In no event shall Affordably be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, Content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with these terms, including but not limited to the accessing or use of, or inability to use, the Website or the Affordably Service, regardless of cause, whether in an action in contract or negligence or other tortious action, even if the party from whom damages are being sought has been previously advised of the possibility of such damages. The limitation of liability set forth in this section shall not apply in the event of customer’s breach or related to its indemnity obligations. This paragraph shall not affect the rights listed below in the section titled “Indemnities”. To the extent allowed by law, in no event shall the aggregate liability of Affordably exceed $1,000.00.
You are being granted solely a revocable, limited license, in compliance with these terms. All rights not granted to you in the Terms of Service are expressly reserved by us.
Each party represents and warrants that it has the power and authority to enter into these Terms. Affordably warrants that it will provide the Website and the Affordably Service in a manner consistent with its business practices, as Affordably, in its sole and absolute discretion, deems fit. You represent and warrant that any information you provide in connection with the Affordably Service is accurate and current and that you have the right to provide such information.
Except where expressly provided otherwise by Affordably, the Affordably Service and the Website are provided “as is” and “as available.” Except for the express warranties set forth herein, Affordably hereby disclaims all express or implied representations, warranties, guarantees, and conditions with regard to the Affordably Service and Website including but not limited to any implied representations, warranties, guarantees, and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Except to the extent that such disclaimers are held to be legally invalid. Affordably makes no representations, guarantees or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Website, Affordably Service, materials associated therewith, or the results you may obtain by accessing or using the Website, the Affordably Service or materials associated therewith. Without limiting the generality of the foregoing, Affordably does not represent or warrant that (a) the operation or use of the Website, Affordably Service or materials will be timely, secure, uninterrupted or error-free. You acknowledge that Affordably controls the transfer of data over communications facilities, including the internet, and that the Website and Affordably Service may be subject to limitations, delays, interception and other problems inherent in the use of such communications facilities. Affordably is not responsible for any delays, delivery failures, or other damage resulting from such problems.
You will defend, indemnify and hold Affordably harmless against any and all claims, costs, damages, losses, liabilities & expenses (including attorneys’ fees and costs) arising out of or in connection with a claim by a third party related to your use of the Website and the Affordably Service.
Affordably complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to Affordably, Inc.’s designated agent via email at firstname.lastname@example.org.
Affordably offers the following process to help you resolve a complaint or Dispute (as defined below) that you may have with Affordably, any services offered via the Website or Service, or use of the Website or Service. Please read this section carefully.
Step 2. Arbitration If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement. By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes. JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”) will administer the arbitration using the JAMS’ procedures and rules in effect on the date the Arbitration is filed (“JAMS Rules”). In the event the JAMS Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. JAMS is independent from us, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 or by visiting www.jamsadr.com.
Class Action Waiver Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect. Costs If you initiate an arbitration with JAMS, we will promptly reimburse you for any standard filing fee you may have been required to pay by JAMS, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law
These Terms represents the parties’ entire understanding relating to the use of the Service and the Website, and supersedes any prior or contemporaneous, conflicting or additional, communications. Affordably reserves the right to change these Terms or its policies relating to the Website and Affordably Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. If we make material changes to these Terms, we will notify you here, by email, or by means of notice on our home page. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Unless otherwise noted by us, your continued use of the Website and Affordably Service after any such changes are posted shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Affordably and you as a result of these Terms or use of the Website. You may not assign these Terms without the prior written approval of Affordably. Any purported assignment in violation of this section shall be void. Affordably reserves the right to use Third Party Providers in the provision of the Website, the Service, and the goods, services and Materials associated therewith. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Affordably.
Elements of the Website and Service are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by Affordably. The Affordably trademarks and/or other Affordably identifiers referenced herein are trademarks of Affordably and/or its affiliates and may be registered in certain jurisdictions.
If you have any questions about these Terms, or if you would like to request permission to use any of Affordably’s Materials, please contact our Member Support desk at email@example.com.
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