Authorized Use: The Website and Service are available only to individuals who can enter into legally binding contracts under applicable law. However, if you are under the age of 18, you do not have the authorization to access or use the Website and/or Service in any manner whatsoever. If you are a Website visitor (‘Visitor’), you may use the Website in order to obtain information about AFTHAPROGRAM.COM and the Service and to apply for an AFTHAPROGRAM.COM account (‘Account’). Visitors are not authorized to access any content and/or data available to those individuals that are Account holders. In addition, to apply for and obtain an Account, you must be at least 18 years old.
License Grant: As a Visitor to the Website or an Account holder, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the site (and its associated content), the Service and/or an Account in accordance with this Agreement. AFTHAPROGRAM.COM may terminate this license at any time for any reason. You may use the Website on one computer for your own personal, non-commercial use. No part of the Website, the Service and/or an Account may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website (and its associated content), the Service, your Account and/or any portion thereof. AFTHAPROGRAM.COM reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, the Service and/or your Account. You may not take any action that imposes an unreasonable or disproportionately large load on the AFTHAPROGRAM.COM infrastructure. Your right to use the Website, the Service and/or your Account including, without limitation, your Login, is non-transferable. Access to, and use of, your Account and the Service is made through your Login information. Your Login must be kept strictly confidential. For security reasons, AFTHAPROGRAM.COM will not release passwords for any reason, other than to the applicable Account holder, except as may be specifically required by law or court order. Unauthorized access to the Website, the Service and/or an Account is a breach of this Agreement and a violation of applicable law.
Proprietary Rights: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, the Service and/or your Account are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website, the Service and/or your Account are strictly prohibited. You do not acquire ownership rights to any content, document, software, service or other materials viewed at or through the Website, the Service and/or your Account. The posting of information or material at the Website and Service by AFTHAPROGRAM.COM does not constitute a waiver of any right in such information and/or materials.
Editing, Deleting and Modification: We reserve the right, in our sole discretion, to edit and/or delete any documents, information or other content appearing on the Website, the Service and/or you’re Account at any time, without notice to you.
Indemnification: You agree to indemnify, defend and hold AFTHAPROGRAM.COM, its owners, and each of their respective officers, partners, members, employees, agents and attorneys (each a ‘Covered Party’), harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, administrative costs and/or settlement costs) arising from your breach of this Agreement and/or your use of the Website, the Service and/or your Account, in any manner whatsoever.
Disclaimers and Limitations: THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. AFTHAPROGRAM.COM AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, AFTHAPROGRAM.COM AND THE COVERED PARTIES ARE NOT LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN AFTHAPROGRAM.COM AND YOU. THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN AN ELECTRONIC FILE AVAILABLE AT THE WEBSITE AND/OR THROUGH THE SERVICE IS DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED, OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEBSITE, THE SERVICE AND/OR YOUR ACCOUNT IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL. OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE LOWEST PURCHASE PRICE THAT YOU HAVE PAID FOR ANY SINGLE PIECE OF MERCHANDISE AT THE WEBSITE AND/OR THROUGH THE SERVICE. NOTWITHSTANDING THE FOREGOING, AFTHAPROGRAM.COM SHALL NOT BE LIABLE TO YOU FOR ANY SERVICE, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR SERVICE.
Third Party Websites: The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because AFTHAPROGRAM.COM has no control over such third party websites and/or resources, you hereby acknowledge and agree that AFTHAPROGRAM.COM is not responsible for the availability of such third party websites and/or resources. Furthermore, AFTHAPROGRAM.COM does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
ARBITRATION: PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. Any claim, dispute or controversy between You and Us, AFTHAPROGRAM.COM and any of our affiliates (or made by or against anyone connected with You or Us, or claiming through You or Us) arising from or relating to Your membership (“Claim”), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) then in effect, subject to this Membership Agreement. Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of Florida without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 1-16 (“FAA”), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and we retain the right to pursue in a small claims court located in the federal judicial district that includes your billing address at the time of the Claim, any Claim that is within the court’s jurisdiction and proceeds on an individual basis. The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of Pennsylvania without giving effect to the choice of law provisions thereof. The arbitrator’s authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis. If you prevail in the arbitration of any Claim against Us, We will reimburse you for any fees you paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. However, any participatory hearing that you attend shall take place in Indiana County, Pennsylvania, unless you chose to have the hearing take place in the federal judicial district that includes your billing address at the time the arbitration Claim is filed. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of your membership as well as voluntary payment of the debt in full by you or any bankruptcy by you. IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING BY REGISTERED MAIL WITHIN TWENTY (20) DAYS AFTER RECEIPT OF THIS “TERMS OF SITE USE.” IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY CONTINUE TO BE A MEMBER FOR THE CURRENT MEMBERSHIP TERM. HOWEVER, IN THAT EVENT, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR MEMBERSHIP AT THE END OF THE MEMBERSHIP TERM.