AFOOFA Online Terms and Conditions
Use of AFOOFA’s Website
This website contains trademarks, graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information that is protected under applicable intellectual property laws. The ownership of all intellectual property rights remain with AFOOFA or with its licensors and suppliers. You are solely responsible for your use of any content of this website in combination with any other images, graphics, text or other materials that you incorporate into your products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your products unless you have obtained the appropriate authorizations from the intellectual property owners.
Disclaimer of Warranty
THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AFOOFA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THIS WEBSITE IS AT USER’S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, AFOOFA DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THIS WEBSITE OR ANY PORTION THEREOF; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THIS WEBSITE OR THE SERVER THAT MAINTAINS THIS WEBSITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; (v) USER’S USE OF THIS WEBSITE OR THE SERVICES OR ANY RELATIONSHIP BETWEEN USER AND A LINKED SITE OR ANY SERVICES, PRODUCTS OR ADVICE PROVIDED OR PERFORMED BY A LINKED SITE FOR USER; AND (vi) USER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE. FURTHER, AFOOFA DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THIS WEBSITE.
Limitation of Liability
IN NO EVENT SHALL AFOOFA OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT AFOOFA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM AFOOFA OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF AFOOFA OR ITS AFFILIATES. IN NO EVENT SHALL AFOOFA BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS WEBSITE OR ITS CONTENT.
AFOOFA is based in Denver, Colorado and all transactions take place on AFOOFA’s servers located in Colorado. Issues related to the protection, infringement, or misuse of any intellectual property shall be governed by the appropriate laws of the United States of America. All other matters relating to your access to or use of this website shall be governed and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law rules. Any legal action or proceeding relating to or arising from your access to or use of this website shall be instituted in the State and Federal courts located in Denver, Colorado. You agree to submit to the personal jurisdiction of such courts and agree that venue in these courts is proper in any such legal action or proceeding.