This Terms of Service Agreement (“Agreement”) governs your use of the Affiliate
Automation Site (as defined below), participation in the Affiliate Automation Program and
all other services (collectively referred to as the “Services”) offered by Affiliate Automation,
LLC (“Affiliate Automation”, “we”, “us”, or “our”), including our official website,
www.affiliateautomation.com (“Site”). “You” refers to you as a user of the Site.
By using the Site and our Services, you agree to be bound by and to abide by this Agreement.
If you do not comply with this Agreement at any time, we reserve the right, if applicable, to
terminate your user account, password, or otherwise revoke your License (as defined below)
to use our Site (or any part thereof) and suspend your ability to use our Services. You agree
that any termination or cancellation of your access to, or use of, the Site may be affected
without prior notice. Further, you agree that we will not be liable to you or to any third party
for any termination or cancellation of your access to our use of the Site.
PLEASE READ THIS AGREEMENT CAREFULLY. This Agreement provides,
stipulates, and governs the respective rights and obligations of Affiliate Automation and you.
By using the Site, you acknowledge that you agree to all the terms of this Agreement. If you
do not agree, please do not use or access the Site or use the Services.
ARBITRATION NOTICE: Section XIII of this Agreement contains provisions relating
to how claims between you and Affiliate Automation will be resolved. Section XIII
contains an arbitration agreement that will require disputes between you and Affiliate
Automation to be submitted to final and binding arbitration. Unless you opt out of
Section XIII: (1) you may pursue claims against us only in your individual capacity and
not as a member or plaintiff of a class action lawsuit; and (2) you waive your right to
seek relief in a court of law and/or gave a jury trial on your claims.
I. License
a. License. Affiliate Automation grants you a nonexclusive, nontransferable,
fully revocable, and limited license to access make personal use of the Sites
and the material provided herein, provided that you fully comply with this
Agreement (“License”). Affiliate Automation reserves the right to terminate
your License or otherwise deny your access to our Site at any time and for any
reason.
b. License Limitations. This License does not provide you with any guarantees
of any nature including, without limitation, express or implied ability to use
the Services. You may not download or otherwise modify any portion of the
Site without our prior written consent. You may not use any bots or other
forms of automation to use or monitor our Site, complete applications, or
interact with the Site in any way. This License does not include any rights of
resale or other commercial use of the Site or its contents, any collection and
use of any service description or prices; any derivative use of the Site or its
contents; any downloading or copying of account information for the benefit
of another individual or entity. The Site, Services, or any portion thereof may
not be reproduced, duplicated, sold, resold, visited, or otherwise exploited for
any commercial purposes without the prior express written consent of Affiliate
Automation.
c. Any violation of this Section I or any other unauthorized use of our Site and
the Services automatically revokes and terminates the License granted to you
by Affiliate Automation.
II. Changes to Our Site and Agreement
a. Affiliate Automation reserves the right, in our sole discretion to change,
modify, add to, or remove portions of the Site and this Agreement at any time.
It is your responsibility to periodically review this Agreement for the latest
changes. Any changes to or modifications of this Agreement shall take effect
once it is published on the Site in accordance with the Effective Date listed
herein.
b. By using the Site after we post any changes to the Agreement, you agree that
by using the Affiliate Automation application and/or visiting the Site after any
changes to this Agreement, you agree to accept such changes. If you do not
agree to such changes, you must stop visiting the Site and/or using the
Services immediately.
c. If you have any objections to the changes to this Agreement, or if you are
dissatisfied with Affiliate Automation, our Site and/or the Services, you
should immediately:
i. Stop using the Site and/or the Services; and
ii. Inform Affiliate Automation to stop providing the Services to you by
contacting us at support@affiliateautomation.com.
d. You agree that once the Services are unilaterally terminated by you, your right
to use the Site and/or the Services is terminated immediately with no further
duty owed to you.
III. Representations and Warranties
a. Each time you use our Services and Site you hereby represent and warrant to
Affiliate Automation as follows:
i. You have the capacity to enter into this Agreement as you are a natural
person over the age of 18 years old with sound mind and full legal
capacity to enter into this Agreement;
ii. Your use of our Site complies with the applicable laws and regulations
of the legal jurisdiction in which you reside or are organized;
iii. Your use of our Site does not violate your obligations to any third
party;
iv. You have the requisite capacity to use our Site and perform your
corresponding obligations under this Agreement; and
v. You agree and acknowledge that any purchases or payments made to
Affiliate Automation by you, or your account, are valid and binding on
you.
b. You represent and warrant that you will comply with all applicable laws, rules,
and regulations, including those that may require adding an appropriate
disclosure through a hash tag or the like in commercial endorsements. You
agree that you will comply with all other laws in connection with commercial
endorsements including the Federal Trade Commission’s “Guide Concerning
the Use of Endorsements and Testimonials in Advertising”, the Security
Exchange Commission’s regulations around promoting securities, and other
financial instruments, and any similar requirements that may be applicable.
c. You represent and warrant that you have all proprietary rights necessary when
conducting activities on the Site and participating in the Services including all
the rights necessary to use any information, trademarks, trade names, logos,
copyrights, or trade secrets provided in connection with your use of the Site
and participation in the Services.
d. You represent and warrant that you are using the Site and the Services only for
your own benefit and that you are not using the Site and the Services on behalf
of others or for the benefit of any third parties.
e. You represent and warrant your acknowledgement that use of the Affiliate
Automation Site and the Services does not in any way create a fiduciary
relationship. Similarly, you represent and warrant that the use of the Site and
the Services involve any guarantee of future financial success, and that past
performance does not indicate future results.
f. You hereby represent and warrant that your use of the Site and the Services
will not negatively affect Affiliate Automation’s reputation or cause Affiliate
Automation to assume legal responsibility or other penalties, fines, and
sanctions.
g. You represent and warrant that you are an individual who understands the
risks of financial investment and understand that there is no expectation for
financial gain by using the Site and the Services.
IV. User Registration and Account Information
a. When completing the application, opening the account, and throughout your
use of our Services and Site, Affiliate Automation may ask for your name,
address, username, password, email address, credit score, financial
information, annual income, investing experience, and other personally
identifiable information (collectively “Account Information”) and may ask for
copies of your identifying documentation.
b. By applying to create an Affiliate Automation account on our Site, you agree
to provide true, accurate, current, legal, and complete information and
registration data. You agree not to create an Affiliate Automation account:
i. By using a false identity or providing false information of any kind;
and/or
ii. If you have previously been removed or banned from our Site.
c. You acknowledge that you will provide timely notification to Affiliate
Automation of any changes in Account Information previously provided
including, without limitation, your name, address, email address, telephone
number, and financial information.
d. You agree not to impersonate any person or entity, misrepresent any
relationship, of any kind, with another person, entity, or association, use false
representations, of any kind, or otherwise conceal your identity from Affiliate
Automation for any purpose.
e. Failure to provide legal, true, accurate, and complete Account Information will
result in termination from our Services and Site. In that event, you will bear all
losses, responsibilities, and consequences associated with the false
information, false account, and/or account termination.
f. You agree that you, and no one else including, without limitation, Affiliate
Automation, are responsible for all activities that occur on or in connection
with your Site account and participation in the Services.
g. You agree to notify us immediately of any activity on the account by anyone
other than yourself as such activity is unauthorized by this Agreement. If you
believe someone is using your account without permission contact us directly
at support@affiliateautomation.com
h. Affiliate Automation reserves the right to impose certain restrictions on your
account and/or suspend or terminate your use of the Site and the Services
based on the information provided by you to Affiliate Automation in
accordance with the company’s internal policies.
i. You agree that you may only apply for one Affiliate Automation account and
any subsequent application would be grounds for dismissal or removal from
the Site and prohibit your use of the Services.
j. For any and all compliance purposes and/or anti-money laundering policies,
Affiliate Automation reserves the right to request you provide Affiliate
Automation with any and all personally identifiable information and/or
financial information Affiliate Automation deems necessary to use the
Services. Failure to comply with such a request may result in termination from
using the Services.
k. To access some of our Services, you will be required to enter your username
and password (collectively “Login Information”) that will personally identify
you and allow you to access our Services. All Login Information and account
Information should be secure and must be kept confidential at all times. It is
your responsibility to protect Account and Login Information. Affiliate
Automation is not responsible for any consequences and losses caused by your
or any third party’s improper use of your Login Information or Account
Information.
i. If you believe that your Login Information is known by any third party
or that your account has been accessed by any third party, you should
immediately notify Affiliate Automation by emailing us at
support@affiliateautomation.com.
ii. If you fail to keep your Login Information or Account Information
confidential which results in your Affiliate Automation account being
used by others, you acknowledge and agree that your license to use the
Site and the Services shall be revoked, you will still be liable for any
amounts owed to Affiliate Automation, you will be liable for any loss
suffered by Affiliate Automation, including without limitation, an
additional Initial Payment, and you will be liable for any loss suffered
by other users of Affiliate Automation or relevant third parties. You
will also be liable for any of your own losses arising from your failure
to protect your Login and Account Information properly and
effectively.
l. You acknowledge and agree that the Services have multiple levels of
participation and your payment for such participation is indicative of the level
of the Services which you decided upon prior to entering into a Master Service
Agreement with Affiliate Automation. Under any circumstances, you will not
be entitled to any greater level of Services than the one you previously agreed
to with Affiliate Automation.
V. Risk Assumption
a. You understand that all investments involve risk, that your profits may not
equal the principal invested, and that the past performance of the Services,
industry, sector, market, or financial investment does not guarantee future
results or returns.
b. You acknowledge there are inherent risks in the use of any affiliate marketing
program, including, without limitation, expenses exceeding overall revenue.
There is always the potential of losing money when individuals participate in
investment activities. You further understand that there are risks associated
with utilizing an internet-based system including, without limitation, the
failure of hardware, software, and internet connections as well as the risk of
malicious software introductions. You are responsible for all risks associated
with using our Site and Services.
c. You understand that using our Site and Services may redirect you to third
party sites. You acknowledge and agree that Affiliate Automation will not be
liable for any losses, expenses, costs, or other liabilities related to your use of
such third-party sites.
d. Affiliate Automation will not be liable for any loss arising out of or in
connection with your use of (or inability to use) our Services and Site; not will
Affiliate Automation be liable for your use of or reliance upon any content on
our Site. Affiliate Automation does not endorse any opinion, provide any
advice to be relied upon, or provide other information expressed by others of
our Site or Services, and you acknowledge that any reliance on material
provided by Affiliate Automation or any third party will be at your own risk.
Nothing within our Site or Services should be construed as financial or
investment advice. You should always obtain specialist advice or do your own
research before taking, or not taking, any action or inaction based on the
content of our Site.
e. You understand and acknowledge that you are responsible for and bear the
financial risks and consequences of:
i. Your use of the Affiliate Automation Site and Services as well as any
other required capabilities for you to properly use our Services; and
ii. All investment and financial decisions when using the Site or Services.
f. You acknowledge and understand that the profits received from the Services
depend solely on You. Affiliate Automation in no way makes any assertion
that you will make a profit from the use of the Site and Services. If any
authority determines that such an assertion was made, you hereby disclaim
Affiliate Automation of any liability related to such a claim. In any event,
Affiliate Automation makes no claim that using the Site and Services will
result in you generating a profit or other revenue.
g. You acknowledge and understand that you will bear all risks, financial or
otherwise, related to identity theft or any other loss as it relates to your Login
Information or Account Information, use of our Services, and visiting our Site.
h. You understand and agree that Affiliate Automation reserves the right to post,
modify, and/or provide information related to our Services through Site or
other communication channels including, without limitation, website, emails,
advertisements, customer service calls, and text messages. Affiliate
Automation will not be responsible for any information that you provide
through our Site being intercepted or otherwise received by any unintended
party.
i. You also acknowledge and agree that e-commerce is an ever-changing
industry that is subject to many different types of business risk, including
without limitation:
i. a changing legal environment in which regulations can emerge or
change that affects the marketability of products;
ii. macroeconomic changes that affect consumer spending, the emergence
of recessions and the like;
iii. changes in the popular appeal of and demand for different types of
products;
iv. changes in a program’s policies, to which Affiliate Automation and
you are bound alike, which may affect the marketability of the links on
your Site;
v. changes in international politics or economics, which may affect,
among other things, the ability market products through links;
vi. market forces, including increased and/or changing levels of
competition for any given product from other sellers of such product;
and/or
vii. unforeseen events, force majeure, and other external events that could
affect the performance of any Site.
j. While Affiliate Automation exercises the best efforts to ensure our Site
performs properly and Services are running effectively, there may be a
significant period in which sales and/or your performance may not result in a
net profit to you; you acknowledge such risk and any harm caused by such risk
falls directly on you.
VI. Services
a. Affiliate Automation is a service provider that helps its customers create,
develop, and monetize a website brand through digital mediums and methods.
There is no guarantee of commission or other financial compensation by
participating in the Services.
b. You understand and acknowledge:
i. Affiliate Automation does not make any promises or guarantees for
you to generate and profits or revenue as a result of using Affiliate
Automation;
ii. Affiliate Automation will not be liable or responsible for any losses
related to using the Affiliate Automation services in any way; and
iii. You have no expectation that Affiliate Automation will provide any
compensation or payment, of any kind, as it relates to these Services.
c. If you agree to engage Affiliate Automation for its Services through a Master
Services Agreement, Affiliate Automation will act as an authorized user on
your website for the purpose of advising you and managing and facilitating
transactions on your website. Affiliate Automation will create listings for your
website and will oversee certain customer services such as e-mail exchanges
with your customers and assisting with coordinating your customer’s returns,
sales, and shipment. Affiliate Automation will denote such amount of time as
Affiliate Automation deems necessary, in its sole discretion, to provide the
Services hereunder.
d. You agree that Affiliate Automation may use third party applications to build
a website and will not be held liable for any faults, loopholes, hack, spam, or
any other problem arising from any errors in any application. You also agree
that the problems arising from third party applications is not the fault of
Affiliate Automation.
e. You agree that the Services provided to you are determined by the level of the
Services in which you select when becoming a customer of Affiliate
Automation. Such participation in the Services will not be based on anything
other than your agreement with Affiliate Automation.
VII. Restrictions and Obligations
a. You shall not use our Site or Services to engage in any activities that violate
applicable laws and regulations in the jurisdiction in which you or any relevant
party may live.
b. You acknowledge and agree that you will not use the Affiliate Automation
Site or Services to:
i. Engage in any illegal activities such as money laundering or the like;
ii. Participate in any criminal enterprise;
iii. Fabricate or distort facts, spread rumors, or otherwise disrupt social
order;
iv. Promote or produce obscene, violent, and/or terrorist content or the
like;
v. Violate or infringe upon the legal or other rights and interests of third
parties; and
vi. Participate in any and all other activities that violate applicable laws
and regulations in the jurisdiction in which you or any other relevant
party may reside.
c. You agree that you shall fully assume the relevant tax obligations arising from
the use of Affiliate Automation’s Site and Services.
d. You agree to not engage or otherwise participate in any activities that are
intended to or have any possibility of affecting the security of Affiliate
Automation, our users, our Site, and our Services.
e. You shall neither engage in any activities in the name of Affiliate Automation
nor use the information or other data found on Affiliate Automation’s Site
without the prior express, written consent of Affiliate Automation. You shall
not, under any circumstances, sell, license, transfer, or modify the Affiliate
Automation Site or Services.
f. Before using the Affiliate Automation Site and Services, you must confirm, on
your own, that your use of the Affiliate Automation Site and Services is legal
in your jurisdiction. All legal risks and consequences of such a marketing
service not being legal in your jurisdiction shall be borne by you and Affiliate
Automation disclaims any responsibility for such legal risks and
consequences.
g. If you violate any provisions of this Section VII, Affiliate Automation shall
have the right to immediately suspend or terminate the Services provided to
you, and Affiliate Automation shall have the right to take all necessary legal
means within the scope permitted by the applicable laws and regulations to
redress such a violation of this Section VII.
VIII. Liability for Breaching This Agreement
a. For any violation of this Agreement by you, Affiliate Automation has the right
to immediately suspend or terminate your access to our Site and Services and
take all necessary legal measures within the scope permitted by applicable
laws and regulations, including, without limitation, to requiring you to be
enjoined from such activities or to compensate Affiliate Automation or any
third party for related losses from a breach of this Agreement.
b. In the event that Affiliate Automation even remotely suspects that your use of
the Affiliate Automation Site and Services is done in an illegal, fraudulent, or
otherwise improper manner, Affiliate Automation shall have the right to
suspend, and subsequently terminate, the provision of the Services to you until
you can provide proof of compliance with this Agreement to our satisfaction
by contacting us at support@affiliateautomation.com.
c. We reserve the right to terminate any person’s access to our Site and Services
for any reason, in our sole discretion, at any time. If you violate any provision
of this Agreement, your permission to use our Site automatically terminates.
IX. Disclaimers and Limitations on Liability
a. To the extent permitted by applicable law:
i. Affiliate Automation disclaims any and all liability for special,
incidental, consequential, or indirect damages, including loss of use
and profits, arising out of this Agreement or with respect Affiliate
Automation’s performance, or failure to perform, the Terms and
Conditions of this Agreement, however caused, whether for breach of
contract, negligence, or otherwise, even if Affiliate Automation has
been informed of the possibility of such damages;
ii. In no event is Affiliate Automation or any of its representatives liable
under any legal theory for consequential, indirect, incidental, special,
exemplary, punitive, direct, or enhanced damages, lost profits or
revenues, or diminution of value, arising out of or related to this
Agreement, regardless of whether the damages were foreseeable,
whether you or your customers were advised of the possibility of the
damages; and
iii. In no event shall Affiliate Automation’s aggregate liability arising out
of or related to this Agreement (regardless of the form of action giving
rise to such liability, whether in contract, tort, or otherwise, exceed the
amounts paid to Affiliate Automation from you, excluding the Initial
Payment, in the previous two (2) months of your use of the Site and
Services.
b. This Site and our Services are provided by Affiliate Automation on an “as is”
and “as available” basis.
c. Affiliate Automation makes no representations or warranties of any kind,
express, or implied as to the operation of the Services and Site or the
information, content, materials, or products included on the Site. You
expressly agree that your use of the Site and Services is at your sole risk.
d. The foregoing limitations will apply notwithstanding any failure of the
essential purpose of any limited remedy. This Section IX shall survive your
relationship with Affiliate Automation or use of the Site and/or Services.
e. You acknowledge that the limitations of liability set forth in this Section IX
are a fundamental part of the basis of Affiliate Automation offering this Site
and/or the Services and Affiliate Automation would not offer the Site and/or
Services without such limitations.
X. Third Party Links
Our Site may contain links to third party websites. You acknowledge and agree that (i) the
link does not indicate endorsement or affiliation with the third-party website in any way,
shape, or form; and (ii) Affiliate Automation is not responsible or liable for any damages,
losses, costs, expenses, or liabilities related to your use of the third party.
XI. Indemnification
You agree to indemnify, defend, and hold harmless Affiliate Automation and its affiliated
entities or affiliates, individuals, officers, employees, directors, shareholders, agents, partners,
vendors, and licensors from and against any and all claims, costs, proceedings, demands,
losses, damages, and expenses (including, without limitation, attorney’s fees and costs) of
any kind or nature arising from, out of, in connection with, or relating to this Agreement or
your use of our Site and/or Services. Affiliate Automation may select counsel for and control
the defense of any claim that you are indemnifying. You will reasonably cooperate with use
in connection with any claim.
XII. Copyright and Intellectual Property Policy
a. Intellectual property rights of any content displayed on the Site, including but
not limited to guides, advertising copy, examples of marketing materials,
articles, pictures, news, website structure, website layout, website design, and
other materials unless otherwise specified, are entirely owned by Affiliate
Automation or its licensor (if any).
b. All content included on the Site, including, but not limited to, articles, text,
design, graphics, logos, Site layout, design, button icons, images, audio clips,
downloads, interfaces, data compilations, software, and code is the property of
Affiliate Automation, its affiliates, or its content suppliers, and is protected by
United States and international copyright laws.
c. The compilation of all content on this site is the exclusive property of Affiliate
Automation, its affiliates, or its content suppliers, and is protected by United
States and international copyright laws.
d. All software used on this site is the property of Affiliate Automation, its
affiliates, or its software suppliers and is protected by United States and
international intellectual property laws.
e. Nothing contained on the Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any of the
copyrighted works displayed or contained in the Site without the express,
written consent of Affiliate Automation.
f. Digital Millennium Copyright Act Notice: Affiliate Automation respects the
intellectual property rights of others, and we ask our users to do the same. In
certain circumstances and in our discretion, we may terminate the rights of any
user to use the Site if they infringe the intellectual property rights of others. If
you believe that your work has been copied in a way that constitutes copyright
infringement, or if you are aware of someone so infringing on your
rights through our Site, please provide the following information to the email
address specified below:
i. A description of the copyrighted work that you claim has been
infringed upon;
ii. A description of where the material that you claim is infringing is
located on the Site;
iii. Electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
iv. Your address, telephone number, and e-mail address;
v. A statement that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, and or the law; and
vi. A statement by you, made under penalty of perjury that the above
information in your notice is accurate, and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
g. You may send any notices of copyright infringement under the Digital
Millennium Copyright Act to Affiliate Automation’s designated agent for
notice of claims of copyright infringement on the Site at
support@affiliateautomation.com.
h. THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE
REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT
LIABILITY LIMITATION ACT.
XIII. Dispute Resolution
a. This Section XIII governs how any and all disputes between you and
Affiliate Automation and its affiliates must be resolved. This Section XIII
is binding on you during and after you visit our Site. This Section XIII
remains in full force and effect until you provide notice to Affiliate
Automation of your intention to opt-out of this Section XIII.
b. Any dispute, controversy, difference or claim arising out of or relating to this
Agreement, including the existence, validity, interpretation, performance,
breach, or termination thereof or any dispute regarding non-contractual
obligations arising out of or relating to it shall be referred to and finally
resolved by arbitration administered in Austin, Texas, in accordance with the
Federal Arbitration Act and the American Arbitration Association (“AAA”)
rules then in effect (“Rules”) available at www.adr.org. The arbitration shall
be conducted before a neutral single arbitrator from the AAA whose decision
will be final and binding. The parties shall mutually appoint the arbitrator. In
the event that the parties cannot agree on an arbitrator within thirty (30) days
of the notice of arbitration, the AAA case manager may administratively
appoint the arbitrator. The parties agree to split the arbitrator’s fees evenly
unless a party claims to be unable to participate in arbitration as doing so
would be cost prohibitive in comparison to litigation, as evidenced by the
party’s verifiable written records. In the event the arbitrator finds arbitration to
be cost prohibitive, the other party has the right to pay as much of the
arbitration administrative costs as the arbitrator deems necessary to prevent the
cost of the arbitration from being prohibitive. In any event, each party shall
bear its own arbitration costs and deposition, witness, expert, and attorneys’
fees and other expenses to the same extent as if the matter were being heard in
court. In any arbitration proceeding conducted pursuant to this Section XIII,
the parties shall have the right to discovery, to call witnesses, and to cross-
examine the other party’s witnesses. The arbitrator shall render a final decision
in writing, setting forth the reasons for the arbitration award. Both parties are
bound by this mutual agreement to arbitrate. This does not include Disputes
which may not by law be arbitrated, and expressly does not prevent either
party from seeking equitable, including injunctive, relief in a court of
competent jurisdiction and/or pursuing any claim or relief for a breach of
Section IV of this Agreement in a court of competent jurisdiction. THE
PARTIES WAIVE THEIR RIGHT TO HAVE ANY SUCH DISPUTE,
CLAIM, OR CONTROVERSY DECIDED BY A JUDGE OR JURY IN A
COURT.
c. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER PARTY ONLY IN THEIR INDIVIDUAL
CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE
PROCEEDING.
d. No waiver of any provision of this Section XIII will be effective or
enforceable unless recorded in a writing signed by the party waiving such a
right. Such a waiver will not waive or affect any other provision of this
Agreement or Section XIII. If any provision of this Section XIII is found to be
invalid or unenforceable, that provision will be deemed appropriately modified
to give effect to the intent of the provision, or if modification is not possible
will be severed and the remainder of this Section XIII will continue in full
force and effect. This Section XIII will survive the termination of this
Agreement and/or the relationship of the parties.
e. Opt-Out Right. You have the right to opt out of this Section XIII by sending,
within 30 days after first becoming subject to this Section XIII, written notice
of your decision to opt out to support@affiliateautomation.com. Your notice
must include your name and address, any usernames, each email address used
to set up an Affiliate Automation account, and an unequivocal statement that
you want to opt out of this Section XIII. The notification must include the
subject line “ARBITRATION OPT-OUT - (FULL LEGAL NAME).” You
agree that if you opt out of this Section XIII, all other parts of this Agreement
will continue to apply to you. Opting out of this Section XIII has no effect on
any other arbitration agreements that you may currently have, or may enter in
the future, with Affiliate Automation.
f. THIS SECTION XIII LIMITS CERTAIN RIGHTS, INCLUDING THE
RIGHT TO BRING FORTH CERTAIN COURT ACTIONS, THE
RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY
FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO
ENGAGE IN DISCOVERY EXCEPT AS PROVIDED HEREIN OR IN
ACCORDANCE WITH THE AAA RULES, AND THE RIGHT TO
CERTAIN REMEDIES AND FORMS OF RELIEF.
XIV. Miscellaneous
a. Governing Law. This Agreement shall be governed in all respects by the law
of the State of Texas. By visiting this Site, you agree that the laws of Texas
without regard to conflicts of law principles, will govern this Agreement, your
use of our Services and Site, and any dispute of any sort that might arise
between you and Affiliate Automation or our affiliates.
b. No Waiver. The failure by Affiliate Automation to enforce any right or
provision of this Agreement will not prevent Affiliate Automation from
enforcing their rights or provisions of this Agreement in the future. Such
waivers will not be deemed to modify this Agreement.
c. International Compliance. This Site may be viewed internationally and may
contain references to products or services not available in all countries.
References to a particular product or service do not imply that Affiliate
Automation intends to make such products or services available in any
country. Regardless of whether a product or service is available in your
country, this Agreement is still effective as it relates to you and your use of
our Site.
d. ADA Compliance. This Site is designed to be in compliance with Title III of
the Americans with Disabilities Act (“ADA”). While we believe the Site is to
be maintained in a fashion to comply with the ADA, the Site may be updated
frequently. If you have any difficulty accessing the Site because of a disability,
please contact us at support@affiliateautomation.com.
e. Force Majeure. Under no circumstances will Affiliate Automation or any of
its affiliates, officers, directors, shareholders, or employees be liable for any
delay or failure in performance due in whole or in part to any and all acts
beyond its control including, without limitation, war (declared or undeclared),
terrorist activities, acts of sabotage, blockade, fire, lightning, acts of God,
national strikes, riots, insurrections, civil commotions, quarantine restrictions,
epidemics, earthquakes, floods, hurricanes, explosions and regulatory and
administrative actions or delays.
f. Severability. If any provision in this Agreement is deemed invalid, void, or
for any reason unenforceable, that specific condition will be deemed severed
and will not affect the validity and enforceability of any remaining provisions
of this Agreement.
g. Assignment. Affiliate Automation may, at any time, assign its rights and
obligations under this Agreement, including to an affiliated entity or in
connection with a sale of assets, merger, acquisition, reorganization,
bankruptcy, other transaction or by operation of law.
h. Changes to this Agreement. Affiliate Automation may change the Terms of
this Agreement. If we do, we will post the revised Agreement on our Site and
update the Effective Date at the top of the Agreement. The revised Agreement
will be effective immediately if you accept them (for example, by continuing
to use our Site after the revised Agreement has been posted).
i. Contact. If you have any questions related to Affiliate Automation, our Site,
Services, or this Agreement, please contact us at
support@affiliateautomation.com.
