Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
By viewing this site, reading its content, emailing, calling and/or ordering any product or service or contacting Accu Flo Tech, LLC you expressly agree that you have read, understood and agree to be bound by these Universal Terms of Agreement for Accu Flo Tech, LLC. If You do not agree to be bound, then please leave this site immediately, do not read any content and/or do not order any products from Accu Flo Tech, LLC.
This Agreement ("Agreement") is by and between Accu Flo Tech, LLC ("AFT") a New York State Limited Liability Company and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of AFT's(“Products”) and content/services (“Services”) and explains AFT’s obligations to You and Your obligations to AFT in relation to the Products and Services You purchase.
You, or the individuals who contact AFT on your behalf for information, to discuss equipment and/or to purchase Products and/or Services by phone, by mail, by email and/or on-line orders on AFT's shopping cart, represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement and agree to be bound by its terms. If You do not agree to be bound, then please leave this site immediately and do not order from AFT.
This Agreement as well as any additional AFT policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and AFT concerning Your use of AFT ’s Products and Services, and supersede and govern all prior proposals, agreements, or other communications. All AFT policies and agreements specific to particular Products and Service are incorporated herein and made part of this Agreement by reference. By purchasing AFT ’s Products or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which AFT may establish from time to time, and any agreements that AFT is currently bound by or will be bound by in the future.
In addition to transactions entered into by You on Your behalf. You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with AFT, whether or not the transactions were in Your behalf.
A. GENERAL TERMS APPLICABLE TO ALL PRODUCTS AND SERVICES
1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that AFT may modify this Agreement and the Services from time to time. You agree to be bound by any changes AFT may reasonably make to this Agreement when such changes are made. If You have purchased Services or Products from AFT , the term of this Agreement shall continue in full force and effect. This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
2. ACCURATE INFORMATION.
You agree that AFT shall not be bound by any statement of a general nature, which may be posted on AFT ’s Web site or contained in AFT ’s promotional materials, will not bind AFT . AFT may, at times, offer certain promotions with different charges and features. You agree that information on this site may contain technical, photographic, descriptive inaccuracies or typographical errors. Information, including product pricing, descriptions, functionality and availability, may be changed or updated without notice. Results on all machines and equipment may vary depending on substance being melted, the amount of material being dispensed, operator proficiency, elevation of the melter, melter attachments, a cold room, and operator proficiency.
You agree to maintain accurate information by providing updates to AFT, as needed, while You are ordering AFT ’s Products and/or Services. You agree You will notify AFT within five (5) business days when any change of the information. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by AFT to determine the validity of information provided by You will constitute a material breach of this Agreement.
Accu Flo Tech, LLC. and its subsidiaries reserve the right to refuse service, terminate and cancel orders in its discretion, including, without limitation, if Accu Flo Tech, LLC. believes that customer conduct violates applicable law or is harmful to the interests of Accu Flo Tech, LLC.
In the event that a Accu Flo Tech, LLC product is mistakenly listed at an incorrect price, Accu Flo Tech, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Accu Flo Tech, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Accu Flo Tech, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
You agree that AFT may use and rely on any such information provided by You for all purposes in connection with Your Services. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if AFT has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, AFT has the absolute right, in its sole discretion, to terminate and cancel your order and refuse service.
3. PRIVACY.
We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously. We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To allow us to better service you in responding to your customer service requests.
To quickly process your transactions.
To administer a contest, promotion, survey or other site feature.
If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. It does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.
To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change.
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue. This online privacy policy applies only to information collected through our website and not to information collected offline. By using our site, you consent to our privacy policy.
4. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of AFT ’s Products and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to AFT if, for any reason, AFT takes corrective action with respect to Your improper or illegal use of its products or services.
AFT reserves the right at all times to disclose any information as AFT deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AFT's sole dis cretion.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Accu Flo Tech, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
5. NO SPAM; LIQUIDATED DAMAGES.
You agree that by contacting AFT and/or providing your email address, AFT may email you and send email solicitations. If for whatever reason you do not want to receive emails, then please advise AFT in writing. If after notifying AFT that you do not want to receive emails, AFT sends you an email, you agree to waive any and all federal, state and local rights you may have and agree to liquidated damages of $1.00 (ONE DOLLAR) per spam email.
6. INTELLECTUAL PROPERTY.
You agree that AFT or its licensor holds all rights, title and interest in all Products and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Products.
You understand and agree that all content and materials contained in this Agreement, other policies, the AFT Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that AFT or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of AFT or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
7. USE OF AFT’S PRODUCTS.
By ordering a product, Consumer agrees to follow these policies and other safety precautions at all times:
USE CAUTION WHEN WORKING WITH HOT MATERIALS.
Please contact Accu Flo Tech, LLC. immediately should you notice equipment leaking, or not working properly. Delays in contacting Accu Flo Tech, LLC. could result in fire or further damage to the equipment.
Never use caustic, explosive or hazardous materials with this equipment. Death or serious injury may result.
Protective clothing and eyewear is advised.
Warranty: Does not cover damage to the equipment arising from alteration, abuse or use of product for other than its purpose. We reject all implied and expressed warranties. Damage arising from mis-use, abuse is repaired at customers expenses.
Never install system or melting equipment within 400 ft. from combustible materials.
Always have a fire extinquisher within reach.
Equipment placed on the floor or below working level will reduce flow rate. AFT provides this Products “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
DO NOT OPERATE AND LEAVE EQUIPMENT UNATTENDED.
8. FEES, PAYMENT, RETURNS, CUSTOM ORDERS AND WARRANTY.
As consideration for the Products or Services purchased by You and provided to You by AFT , You agree to pay AFT at the time You order. All fees are due immediately and are non-refundable. AFT expressly reserves the right to modify pricing. Payment may be made by You by providing either a valid credit card, an online check, a personal check.
If for any reason AFT is unable to charge Your Payment Method for the full amount owed AFT for the Product and/or Services provided, or if AFT is charged a penalty for any fee it previously charged to Your Payment Method, You agree that AFT may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason AFT is unable to charge Your credit card with the full amount of the Services provided, or if AFT is charged back for any fee it previously charged to the credit card You provided, You agree that AFT may pursue all available remedies in order to obtain payment. You agree that among the remedies AFT may pursue in order to effect payment. AFT reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services, and definitely in the pursuit and colelction of payment, including but not limited to administrative time and legal fees associated with collecting payment, enforcing payment, handling credit card disputes and so on. Accu Flo Tech, LLC. reserves the right to change its payment procedures at any time without prior notice to you.
RETURNS.
If within 30 days of receiving your equipment, an item is defective, then please contact Accu Flo Tech, LLC. for a return authorization number to return it. If an item is not defective or does not function properly from improper Cusotmer alteration, mis-use, abuse or use of product for other than its intended purpose (as determined by an Independant Third Party), then no refunds will be issued but instead a credit minus applicable restocking fees (up to 15%) for some items and costs of repair. Sorry, no refunds or credits after 30 days. For any other Authorized Returns (receiving a Return Authorization form), You will receive a credit with AFT minus applicable restocking fees (up to 15%), but no refunds. No refunds on used merchandised or credits for shipping, handling, insurance and freight costs. Please do not Return Equipment to Accu Flo Tech, LLC. without contact us: we will provide proper shipping information for your repair. A Return authorization number must be issued by Accu Flo Tech, LLC. Items without a return authorization will not be accepted. Under no circumstances ship any equipment, item or product to our former address at 1411 Fourth Avenue Ste. 1508, Seattle WA 98101 or to our current address 1001 Fourth Avenue-Suite 3200, Seattle, WA 98154 since this is a professional, corporate office, not a warehouse and cannot accept any items. Any items, equipment or merchandise shipped to this address will not be accepted and returned to Sender. Sender acknowledges that should Sender send any items to said address, Sender shall bare full costs of shipment and be responsible for any additional damages to merchandise and for any delays.
CUSTOM ORDERS: Generally take 4-6 weeks after Customer has approved final drawing. Once customer has approved drawing and work has begun on the equipment, there are no refunds of any kind.
1 Year Warranty: Accu Flo Tech, LLC. warrants that all products shall be free of defective material and workmanship for a period of ONE Year. Warranty is inapplicable, void and does not cover damage to the equipment arising from customer alteration, mis-use, abuse or use of product for other than its intended purpose. We reject all implied and expressed warranties. Damage arising from customer mis-use, alteration, and/or abuse will be repaired at customers expenses.
9. COPYRIGHT.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Accu Flo Tech, LLC. The collective work includes works that are licensed to Accu Flo Tech, LLC. Copyright 2005, Accu Flo Tech, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Accu Flo Tech, LLC or purchasing Accu Flo Tech, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Accu Flo Tech, LLC or to purchase Accu Flo Tech, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Accu Flo Tech, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All content appearing on this Web site is the property of
Accu Flo Tech, LLC
207 Mineola Avenue
Box 229
Roslyn Hts., NY 11577
Copyright © 2006. All rights reserved.
As a visitor, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only or to order products, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2006 Accu Flo Tech, LLC. All rights reserved.
10. TRADEMARKS.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Accu Flo Tech, LLC. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Accu Flo Tech, LLC. or any third party, except as expressly granted herein.
11. SHIPPING & DELIVERY.
At this time, Accu Flo Tech, LLC. ships merchandise ships to numerous locations world-wide, but not every country. In order to ship internationally or to Alaska, Hawaii, Puerto Rico, Guam or the US Virgin Islands, please ask for a special rate quote. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.Under no circumstances ship any equipment, item or product without prior RMA (Return Merchandise Authorization) since this is a professional, corporate office, not a warehouse and cannot accept any items. Any items, equipment or merchandise shipped to this address will not be accepted and returned to Sender. Sender acknowledges that should Sender send any items to said address, Sender shall bare full costs of shipment and be responsible for any additional damages to merchandise and for any delays.
12. SALES TAXES.
Accu Flo Tech, LLC. sells all products at a wholesale rate based and without sales tax if You are located outside of New York and/or purchase equipment with a resale license. Please consult with an accountant since we are not offering any accounting advice.
13. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who contact AFT to purchase Products and/or services by phone, by mail, via email and/or on-line orders on AFT's shopping cart, represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Accu Flo Tech, LLC makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Accu Flo Tech SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Accu Flo Tech, LLC. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Accu Flo Tech, LLC makes no guarantees, express or implied, regarding your experiences, past, present or future, with any company bearing any logo, seal or emblem. Accu Flo Tech, LLC does not actually test any product, approve or endorse any product or company and recommends all visitors to this site to exercise reasonable care and judgment when selecting and purchasing any product from any company. Safety responsibilities remain entirely with consumers, company, vendors and suppliers. Opinions expressed in complaints and responses are not necessarily those of Accu Flo Tech, LLC. Complainants and members are solely responsible for any postings placed on our server by said complainants/members.
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Accu Flo Tech, LLC.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Accu Flo Tech, LLC. is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Accu Flo Tech, LLC.
The inclusion of material on this server does not imply any endorsement by Accu Flo Tech, LLC., which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Accu Flo Tech, LLC. tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct
14. LIMITATION OF LIABILITY.
IN NO EVENT SHALL AFT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF AFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Accu Flo Tech, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Accu Flo Tech, LLC has been advised of the possibility of such damages.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein or applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such states, AFT ’s liability is limited to the full extent permitted by law. You agree that in no event shall AFT ’s maximum aggregate liability exceed the total amount paid by You for the particular Products or Service in dispute purchased from AFT.
15. DISCLAIMER OF WARRANTIES.
AFT expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Except as specifically stated in writing, products are provided on an "As Is" and "As Available" basis. AFT makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. AFT does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Accu Flo Tech, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Accu Flo Tech, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Accu Flo Tech, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You but you that in such event, that this Section can be construed as broadly as necessary to be enforceable.
16. Participation Disclaimer
Accu Flo Tech, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Accu Flo Tech, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Accu Flo Tech, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Accu Flo Tech, LLC in its sole discretion.
17. Third-Party Links
In an attempt to provide increased value to our visitors, Accu Flo Tech, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Accu Flo Tech, LLC, Accu Flo Tech, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Accu Flo Tech, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Accu Flo Tech, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
18. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless AFT and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with AFT whether or not on Your behalf, and whether or not with Your permission) use of the Products or Services You purchased from AFT or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold AFT harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should AFT be notified of a pending law suit, or receive notice of the filing of a law suit, AFT may seek a written confirmation from You concerning Your obligation to indemnify AFT . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that AFT shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify AFT of any such claim promptly in writing and to allow AFT to control the proceedings. You agree to cooperate fully with AFT during such proceedings.
19. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in King County, the State of WASHINGTON. You agree that the laws and judicial decisions of King County, Washington, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of King County, Washington. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
20. NOTICES.
Accu Flo Tech, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Accu Flo Tech, LLC. All notices from or to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
207 Mineola Avenue
Box 229
Roslyn Hts., NY 11577
Delivery shall be deemed to have been made by You after AFT receives it.
21. HEADINGS.
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
22. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and AFT regarding the Products and Services contemplated herein.
23. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
24. WAIVER.
The failure of AFT to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of AFT thereafter to enforce such provisions.
25. SURVIVAL.
All terms, sections and conditions herein shall survive any termination or cancellation of this Agreement.
26. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
Copyright © 2007 Accu Flo Tech, LLC
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