TERMS AND CONDITIONS
These Terms and Conditions (“TOC”) is made between Afghan Business Network, located at 6553 Las Positas Rd, Livermore, CA (“Company”) and any person (collectively “you” or “your” ) who either merely browses this website (“Site”) or becomes a member by completing the registration process to open and maintain an account with Afghan Business Network database (“Service”).
BY ACCESSING, VIEWING, DOWNLOADING OR OTHERWISE USING THIS SITE OR ANY SERVICES PROVIDED HEREUNDER, EITHER AS A MEMBER OR NON-MEMBER,, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU ACCEPT THESE TERMS, YOU SHOULD REGULARLY REVIEW THESE TERMS AS THE COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS WITHOUT NOTICE.
1. The Service and Registration
1.1. Description. The Service is proprietary to Company and it is protected by intellectual property laws of the United States and international intellectual property treaties. Your access to the Service is licensed and not sold. Company agrees to provide you with non-exclusive access to or use of the Service, including access to the Site, subject to the terms and limitations set forth in this TOC.
1.2. Account, Password and Security. You will establish an account with us upon your choosing and account name and password and completing the registration form. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under password or account. You agree to immediately notify Company of any unauthorized use of your password and/or account or any other breach of security and ensure that you exit from the account at the end of each session. Company hereby disclaims all responsibility for loss and/or damages arising from your failure to comply with this Section 1.2. In addition, you hereby agree to indemnify Company for all loss and/or damages that arise from your breach of this Section 1.2.
1.3. Accessibility. You agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.
2. Representations and Warranties
You represent and warrant to Company that: (a) you are over the age of eighteen (18) years and have the power and authority to enter into and perform your obligations under this TOC; (b) you shall comply with all terms and conditions of this TOC, including, without limitation, the Acceptable Use Policy set forth at Section 3, (c) any information you have provided is [HFJA Comment: this sentence seems incomplete. Not sure how you wanted to change this part of this Section 2]-. Company has the right to terminate your account and refuse any future access to the Service if you have or if the Company reasonably believes that you have provided information that is untrue, inaccurate, or incomplete.
3. Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to:
a) disseminate or transit unsolicited messages, chain letters or unsolicited commercial email;
b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
c) disseminate or transmit files, graphics, software or other material that you do not have a right to make available under any law or under any contractual or fiduciary relationships, including, without limitation, any information, data, file or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network;
g) disseminate or transmit viruses, Trojan horses or any other malicious code or program; or
h) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this TOC.
You acknowledge that all information, data, messages or other materials (“Information”), transmitted or received through the use of the Service, are the responsibility of the person or the entity from whom such Information generated. You shall be solely responsible for all Information that is transmitted or otherwise used through the Service. Company shall not control the Information transmitted by you or received by you from other users through the Service and does not guarantee the accuracy, integrity or quality of such content.
4. Transactions with Other Users or Third Parties and Links to Third Party Web Sites
Your correspondence or business transactions with or participation in promotions of other users and third parties through the use of the Service, including any transaction for the sale and purchase of goods and/or services, and any other terms, conditions, warranties or representations associated therewith, are solely between you and such other user or third party, as the case may be. You hereby acknowledge that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such correspondence or transactions or as the result of the presence of such user through the Service.
This Site may include hyperlinks to non-Company web sites (“Third Party Sites”) for your convenience. Such Third Party Sites contain information created, published, maintained or otherwise posted by institutions or organizations independent of the Company. Company does not endorse, approve, certify or control the Third Party Sites and does not guarantee the accuracy, completeness, efficacy or timeliness of information on such Third Party Sites. If you decide to leave this Site and access or use the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies, including the TOC no longer govern. Use of any information obtained from such Third Party Sites is voluntary and reference to any specific commercial product, process or service in the Third Party Sites does not constitute or imply endorsements, recommendation or favoring by the Company.
5.1. Security. You are solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service. You are solely responsible for any unauthorized or authorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Service with your password.
6. Intellectual Property
You hereby acknowledge and agree that the Service and any proprietary material used in connection with the Service, including any technology and intellectual property embedded therein (“Proprietary Materials”), contain proprietary and confidential information that is protected by applicable state and federal intellectual property laws. You herby agree not to modify, rent, lease, loan, sell, distribute or create any derivatives of the Proprietary Materials or any part thereof. Furthermore, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Proprietary Materials, including, without limitation, the Services.
This Site may include various forums, blogs and other interactive features where you can post content on designated topics. Company cannot guarantee that other members will not use the information you post on such blogs, chat rooms and other interactive pages of this Site. You acknowledge and agree that any submission of ideas, proposals, suggestions or feedback from you to the Company or on this Site (“Proposals”) shall not contain any confidential or proprietary information belonging to you or any third party. Company shall not be subject to any confidentiality obligations with respect to any such Proposals and the Company shall be free to disclose such Proposals for any purpose to anyone and you shall not be entitled to any compensation or reimbursement from the Company for its use of your Proposals.
7. Modification of Service and Termination
This TOC is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this TOC at any time and for any reason. Company reserves the right, in its sole discretion and without notice, at any time and from time to time, for any reason, to (a) modify; (b) remove or disable access to all or any portion of the Site or Service; (c) suspend your access to or use of all or any portion of the Site or Service; and/or (d) terminate this TOC and consequently the Services offered to you.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. COMPANY IS PROVIDING THE SERVICES AND RELATED MATERIALS FOR INFORMATIONAL PURPOSES ONLY. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY INFORMATION OBTAINED BY YOU THROUGH THE USE OF THE SERVICE SHALL NOT RESULT IN ANY WARRANTY NOT EXPRESSLY STATED HEREIN. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, BE ACCURATE OR RELIABLE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, IN RELATION TO THE SERVICE.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL AFGHAN BUSINESS NETWORK OR ANY INDIVIDUAL CONNECTED WITH AFGHAN BUSINESS NETWORK BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOST PROFITS, GOODWILL, USE OF DATA, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF INFORMATION OR THE USE OR INABILITY TO USE THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
IN PROVIDING THE SERVICES AND RELATED MATERIALS, COMPANY IS NOT RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICES. IF EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
You agree to indemnify, hold harmless and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) your failure to comply with this TOC, including, without limitation, your submission of content that violates third party rights or applicable laws; (b) your use of the Service, including any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
11. Resale Of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your user ID or password), use of the Service, or access to the Service.
12.1. Law. This TOC shall be governed by the laws of the State of California and the United States without reference to conflict of laws. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Alameda, California.
12.2. Entire Agreement. This TOC constitutes the entire agreement between you and the Company related to the terms and conditions of your use of the Service, superseding any prior agreements related to the same subject matter.
12.3. Amendment. Company shall have the right, at any time and without notice, to add to or modify the terms of this TOC, simply by posting such amendment terms herein. Your access, link to or use of the Service after the date such amended terms are delivered to your account with the Service shall be deemed to constitute acceptance of such amended terms.
12.4. Waiver and Severability. No failure, delay in exercising or enforcing any right or remedy hereunder by Company shall constitute a waiver of any right or remedy, or future exercise thereof. If any provision of this TOC is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the TOC shall remain enforceable.
12.5. Survival. The respective rights and obligations of the parties under Sections 1.1, 2, 3, 6, 8, 9, 10 and 12 shall survive any termination or expiration of this TOC.