Overview
ADVANCED FORECASTING CORPORATION ("AFC") recognizes the importance of protecting the privacy of all information provided by users of AFC products and services and our related websites. In Advanced Forecasting Corporation’s compliance with Congress passing the Gramm-Leach-Bliley Act, which contains certain privacy provisions, AFC is required to notify you of our Privacy Statement. AFC is committed to providing you with excellent service for all of our products. Because we respect your right to privacy, we have developed this Privacy Statement to inform you about our privacy practices for the entire AFC site. This Privacy Statement applies to AFC's site (www.advancedforecasting.com). Each of our subsidiaries and divisions adheres to the same privacy policy. We created the following policy guidelines with a fundamental respect for our users' right to privacy to guide our relationships with our users.
Advanced Forecasting Corporation ("AFC" or "we") is committed to protecting the privacy of the personally-identifiable information that we collect from you as you use this Web site (the "Site"). The scope of AFC's commitment is detailed in this Privacy Policy. By submitting information, you agree to AFC's use of such information as described herein. Please see our ‘Terms Of Use’ for more information about our on-line policies in
Copyright Information
All symbols, logos, mottos and words holding a ® or TM or SM mark are federally registered or pending trademarks of Advanced Forecasting Corporation (AFC). No images, descriptions, forecasts, or other information pertaining to any website or its contents owned by Advanced Forecasting Corporation may be used for any purposes, and any copying, distribution or other form of transfer is strictly prohibited, unless expressly authorized in writing or by contract by Advanced Forecasting Corporation. Advanced Forecasting Corporation is protected by, and will strictly enforce, the Digital Millennium Copyright Act of 1998, Section 17 U.S.C., and the Economic Esponiage Act ("EEA"), Section 18 U.S.C. § 1831-1839 et. seq. To inquire about access to AFC Web products, or to request permission to use any product for which you do not have authorization, please contact the AFC Webmaster. Authorization and/or permission is granted on an individual basis.
Copyright © 1993-2007 Advanced Forecasting Corporation. All Rights Reserved.
Information Collected by AFC
Privacy is of great concern to most users of the Internet, and is a critical part of an enjoyable and satisfactory user experience. We at AFC are acutely aware of and sensitive to the privacy concerns of our subscribers and other visitors to our Web site. Whether you are a customer of our various products and services or a visitor to our site, we assure you that we do not collect personal information from you unless you provide it to us. AFC collects information about users during their registration for some of our services and websites, their participation in certain activities on our websites, including contests and polls, and, through the use of cookies for example when users request pages from our server which our Web server then automatically collects some information about the users, including their IP addresses. These addresses are used by computers on the network to send the requested pages to users. In order to access certain portions of our websites, users must register and provide certain voluntary information about themselves.
Personal Information
We do not collect any personal information from a visitor to our site unless that visitor explicitly and intentionally provides it. Under no circumstances do we collect any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, or sex life. If you are simply browsing our site, we do not gather any personal information about you.
There are two ways in which you may explicitly and intentionally provide us with and consent to our collection of certain personal information:
- E-mail Request for Information - We use links throughout our site to provide you with the opportunity to contact us via e-mail to ask questions, request information and materials, or provide comments and suggestions. You may also be offered the opportunity to have one of our representatives contact you personally to provide additional information about our products or services. To do so, we may request additional personal information from you, such as your name and telephone number, to help us satisfy your request.
- Enrollment - If you choose to enroll or sign-up for one of our products or services, we will request certain information from you. Depending on the type of product or service that you request, you may be asked to provide different personal information. For certain products and services, we may require your name, address, telephone number, e-mail address, credit card number, and bank account information. Other products and services may require different or supplemental information from you in order to apply.
What personally-identifiable information is collected?
AFC collects personally-identifiable information on certain areas of the Site when users register, donate, and participate in posting areas, such as bulletin boards, discussion forums, guest books and of the like. The personally-identifiable information collected may consist of information that you provide, such as names, mailing addresses, e-mail addresses, and telephone number. In addition, AFC collects certain information that you do not visibly enter, such as your IP address, browsing pattern on the Site, click stream, and the status of cookies placed on your computer by AFC, as described below:
How may AFC use my personally-identifiable information?
AFC uses your personally-identifiable information to fulfill your requests for information, to process your requests or any other inquiries that you may submit, or for such other business purposes as you may initiate or request. We may keep any of your personally-identifiable information on file and use it to contact you for recruiting purposes. AFC also uses personally-identifiable information to perform statistical analyses of user behavior in order to measure interest in specific areas and information posted on our Site. AFC uses personally-identifiable information collected from cookies and IP addresses as described below. AFC may provide your personally-identifiable information to any of its affiliates worldwide for such purposes.
Information We Gather from You
Use of Information
AFC will not reveal any personal information that users provide to us to any third party without their permission.
AFC uses users' IP addresses to help diagnose problems with our server and to administer our website. We also use it to gather broad demographic information about our users in general. This information does not contain anything that can identify users personally. We may combine demographic information supplied by a subscriber at registration with site usage data to provide profiles, in aggregate form, about our users and their preferences in the content of the site and advertising. AFC does not give advertisers information about individual users.
Using e-mail addresses provided at registration or otherwise, AFC periodically sends out "opt-in" e-mail newsletters and promotional e-mail to our users about services and products offered by AFC. Users can indicate that they do not wish to receive e-mail information from AFC. Third parties will not contact our users through the use of our e-mail newsletter lists.
Some of our site pages use cookies to deliver content specific to users' interests and to honor their preferences. This information is used to assist us in creating a site that will serve the needs of our users.
Upon request, AFC will remove users (and their information) from our database or permit them to "opt-out" of any further e-mail newsletters or contact.
Statistical Information About Your Visit
When you visit our site, our computers may automatically collect statistics about your visit. This information does not identify you personally, but rather about a visit to our site. We may monitor statistics such as how many people visit our site, the user's IP address, which pages people visit, from which domains our visitors come and which browsers people use. We use these statistics about your visit for aggregation purposes only. These statistics are used to help us improve the performance of our Web site.
Are Cookies And IP Addresses Used?
The Site uses cookies to identify you and your interests and to track usage of the Site. Cookies are small pieces of text stored on your computer that help us know which browser you are using and where you have been on the Site and on Web sites to which you may link in order to use some of our features. By accepting our cookie, you will be permitted access to certain pages of the Site without having to log in each time you visit. A user who does not accept the cookie from the Site may not be able to access certain areas of the Site. AFC also logs IP addresses, or the location of computers on the Internet, to help diagnose problems with our server and to administer the Site. If you prefer not to accept a cookie, you can set your web browser to warn you before accepting cookies, or you can refuse all cookies by turning them off in your web browser.
Use Of Cookies
We only use "cookies" as described above. A "cookie" is a piece of information that our Web site sends to your browser, which then stores this information on your system. If a cookie is used, our Web site will be able to "remember" information about you and your preferences either until you exit your current browser window (if the cookie is temporary) or until you disable or delete the cookie. Many users prefer to use cookies in order to help them navigate a Web site as seamlessly as possible. You should be aware that cookies contain no more information than you volunteer, and they are not able to "invade" your hard drive and return to the sender with personal or other information from your computer. If you choose not to accept a cookie, you will still be able to use our Web site.
Our uses of "cookies" are limited to the following specific situations. The first situation is with respect to temporary cookies. If you are accessing our services through one of our password sites, our Web server may automatically send your browser a temporary cookie, which is used to help your browser navigate our site. The only information contained in these temporary cookies is a direction value that lets our software determine which page to show when you hit the back button in your browser. This bit of information is erased when you close your current browser window. If you come to our site from one of our other sites, our Web server may also send your browser a temporary cookie that reflects an "origination code" for that other site. We use this information for statistical and marketing purposes.
The second situation in which we may use cookies is when you visit our Web site and request documentation or a response from us. When you are filling out a form you may be given the option of having our Web site deliver a cookie to your local hard drive. This type of cookie is not temporary, although you can always delete or disable it through your browser preferences. You might choose to receive this type of cookie in order to save time in filling out forms and/or revisiting our Web site. We only send this type of cookie to your browser when you have clicked on a box labeled something like "Please remember my profile information" when submitting information or communicating with us. Even if you choose to receive this type of cookie, you can always set your browser to notify you when you receive any cookie, giving you the chance to decide whether to accept it in each situation in which one is sent.
Is Personally-Identifiable Information Disclosed To Third Parties?
AFC will not intentionally disclose or transfer (and shall take reasonable steps to protect the confidentiality and security, and to prevent the unauthorized or accidental disclosure of) your personally-identifiable information to third parties (i.e., persons or entities that are not affiliates of AFC), whether for such third parties' marketing purposes or otherwise, subject only to the following four exceptions: AFC may disclose your personally-identifiable information to third parties in the event that such disclosure is required by the laws, rules, or regulations of any nation, state, or other applicable jurisdiction; AFC may disclose your contact information to third parties as appropriate for AFC to make transmissions or deliveries to you; AFC may disclose your personally-identifiable information if, in connection with submitting the information, you consent to such disclosure; and AFC may disclose contact information for you in response to inquiries by bona-fide rights owners in connection with allegations of infringement of copyright or other proprietary rights arising from information you have posted on the Site or otherwise provided to AFC.
Links To Third-Party Sites
AFC is not responsible for the content or the privacy polices of websites to which it may provide links.
We may provide links to third-party Web sites as a service to our users. In addition, some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third- party Web sites or incorporation through framesets of content supplied by third-party servers. Please be aware that we cannot control and are not responsible for the information collection practices of such third-party Web sites, which may differ from those of this Site. We encourage you to review and understand the privacy policies on these Web sites before providing any information to them. AFC uses most reasonable precautions to keep the personal information disclosed to us secure and to disclose such information only to third parties such as legal authorities after permission from the user. If you have any questions about this privacy statement, the practices of this site or your dealings with AFC, you can contact us at our Contact Us page.
How Can I Access, Change, And/Or Delete Information?
You may access, correct, update, and/or delete any personally-identifiable information that you submit to the Site. You may also unsubscribe from mailing lists or any registrations on the Site. To do so, please either follow instructions on the page of the Site on which you have provided such information or subscribed or registered or contact us at Advanced Forecasting Corporation, 2711 Centerville Road, Wilmington, DE 19808.
How We Use and With Whom We Share the Information We Gather
We assure you that the information we gather from you is used by us only as explained below.
Sending You Responses And Updates
We generally respond to any e-mail questions, requests for product or service information, and other inquiries that we receive. We may also retain this correspondence to improve our products, services, and Web site, and for other disclosed purposes. Frequently we retain contact information so that we can send individuals updates or other important information about our services and products.
Facilitating The Support, Renewal, And Purchase Of Our Products And Services.
We may use the information you submit to contact you to discuss the support, renewal, and purchase of our products and services. We may also provide the information you have submitted to us to an AFC subsidiary, business partner, representative or Affiliate (either within or outside the United States) so that the subsidiary, business partner, representative or Affiliate can contact you and facilitate the support, renewal, and purchase of AFC products and services. You may receive a communication directly from one of our subsidiaries, business partners, representatives or Affiliates. Please be assured that any subsidiary, business partner, representative or Affiliate who contacts you for one of these purposes has agreed to use the information we supply only in accordance with a confidentiality agreement.
Processing Payments (If You Are Using Our Payment Services Including With PayPal)
If you use the AFC Payment Services payment gateway for online transactions, including to PayPal, we may provide your personal information to appropriate financial institutions, processors, and third parties under contract with AFC or our Affiliates for providing a subset of the payment services (for example, tax calculation and fraud screening). In each case, the use and distribution of your personal information will be used by such entity for its internal use related to fulfilling the transaction services for AFC, will be treated as confidential by this entity, and will be transferred between AFC and this entity only via encrypted means.
If We Are Required To Disclose By Law
If we are required by law to disclose certain information to local, state, federal, national or international government or law enforcement authorities, we will do so (for example, we may disclose the identity of purchasers of certain software products to the U.S. Department of Commerce, Bureau of Export Administration, as required under the terms of our export licenses).
Surveys
From time-to-time we may request information from customers via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Survey information will be used for purposes of monitoring or improving the use of and satisfaction with this Web site.
Your Ability to Opt-Out of Further Notifications
From time-to-time, we notify our subscribers of new products, announcements, upgrades and updates. If you would like to opt-out of being notified, please contact us at our main mailing address listed under “Contact Us”.
Our Security Procedures
We consider the protection of all personally identifiable information we receive from our Web site visitors and subscribers as critical to our corporate mission. Please be assured that we have security measures in place to protect against the loss, misuse, and alteration of any information we receive from you. As with any transmission over the Internet, however, there is always some element of risk involved in sending personal information. In order to try to minimize this risk, we encrypt all information that you submit in ordering one of our products or services using the Secure Sockets Layer (SSL) protocol.
Security
AFC has implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized AFC personnel are provided access to personally-identifiable information, and these employees are required to treat this information as confidential. Despite these precautions, AFC cannot guarantee that unauthorized persons will not obtain access to your personally-identifiable information.
Trans-Border Hosting And Transfer Of Information
Personally-identifiable information collected on the Site may be transferred from time to time to AFC offices or personnel, or to third parties, located throughout the world, including offices located outside the European Economic Area (EEA), and the Site may be viewed and hosted anywhere in the world, including countries (such as the United States) that may not have laws of general applicability regulating the use and transfer of such data. By using the Site and submitting such information on it, you voluntarily consent to such transborder transfer and hosting of such information.
Changes To This Privacy Statement
If a material change is made to this Privacy Statement and/or the way we use our customers' personally identifiable information then, we will post prominent notice of the nature of such change on the first page of this Privacy Statement.
Children's On-Line Privacy Protection
AFC understands the importance of protecting children's privacy, especially in an on-line environment. The Site is not intentionally designed for or directed at children 13 years of age or younger, and AFC will not intentionally collect or maintain information about anyone under the age of 13.
Consent; Changes To Privacy Policy
By using the Site, you consent to the collection, use, and storage of your information by us in the manner described in this Privacy Policy and elsewhere on the Site. We reserve the right to make changes to this Privacy Policy from time to time. We will alert you to any such changes by updating this Privacy Policy. This Privacy Policy was last updated on November 3, 2007.
Contact Our Privacy Department
If you have any questions about our Privacy Policy, please contact us at: Advanced Forecasting Corporation, 2711 Centerville Road, Wilmington, DE 19808.
Legal & User Information
Advanced Forecasting Corporation ("AFC" or "we") provide the content on this Web site (the "Site") subject to the following terms and conditions (the "Terms"). We may periodically change the Terms, so please check back from time to time. These Terms were last updated on November 3, 2007. By accessing and using this Site, you agree to these Terms. For an explanation of AFC's practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy below.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
- General. This site is owned and operated by Advanced Forecasting Corporation (referred to as "AFC"). AFC has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.
- Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
- Restrictions on Use. A. You shall use the site for lawful purposes only. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without AFC's express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in AFC's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. B. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download one copy of any copyrighted material for your personal, non-commercial home use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of AFC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. C. You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted AFC the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's personal use. You grant AFC the right to edit, copy, display, publish and distribute any material made available on the site by you. D. The foregoing provisions of Section 3 are for the benefit of AFC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER AFC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AFC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL AFC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AFC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. - Monitoring. AFC shall have the right, but not the obligation, to monitor the content of the site, to determine compliance with these conditions of use and any operating rules established by AFC and to satisfy any law, regulation or authorized government request. AFC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, AFC shall have the right to remove any material that AFC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- Indemnification. You agree to defend, indemnify and hold harmless AFC and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site and or acquisition of AFC product and or service information.
- Trademarks. AFC and each of its logos and mottos are trademarks of Advanced Forecasting Corporation. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
- Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of AFC. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. AFC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized AFC employee spokespersons while acting in their official capacities.
- Changed Terms. AFC has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
- Miscellaneous. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Copyright © 1993-2007 Advanced Forecasting Corporation. All Rights Reserved.
- Copyrights
All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of AFC or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved. - Trademarks
The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of AFC and its licensors. You agree that you will not refer to or attribute any information to AFC or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, AFC or its licensors. - Use of Site Content
AFC hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Site Content") on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without AFC's prior written consent. - User Postings
You acknowledge and agree that AFC shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against AFC for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with AFC's use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. AFC does not and cannot review all information posted to the Site by users and is not responsible for such information. However, AFC reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason. - Notices Of Infringement And Takedown By AFC
AFC prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to AFC at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. AFC will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. §512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. AFC's contact for submission of notices under this Section 5 is www.venable.com. - Disclaimers
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT AFC IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AFC AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. AFC SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER AFC NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. - Third-Party Web Sites
We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. AFC has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers. - Governing Law; Jurisdiction
These Terms are governed by the laws of the State of Delaware without reference to the principles of conflicts of laws thereof.