Terms of Sale

Last modified: April 10, 2023

General Terms and Conditions of Sale

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

  1. Applicability of Terms and Conditions.

    These terms and conditions (these "Terms") shall apply to your purchase of products and related services through www.afmarketexperts.com (the "Site"). These Terms are subject to change at any time without prior written notice by AF Market Experts, LLC (referred to herein as either "Company," "we," "us," or "our"). Please review these Terms in their entirety prior to engaging in any transaction on the Site.

  2. Online Orders.

    When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein or you receiving any products and services from us.

  3. Payment Terms.

    All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

  4. Delivery Information; Hourly Services.
    • (a) Delivery Information. It is our responsibility to deliver your accepted order to you at the address you provide when making the order, including, without limitation, for products and services you purchase described as having electronic delivery, delivery to you by email or other electronic means to the email address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
    • (b) Hourly Services. If your purchase through the Site includes hourly services to be provided by personnel of the Company, you acknowledge and agree that those services will be performed at times determined by the Company, in the Company’s discretion. You must request those services in writing and by email and Company will confirm the time when such services will be performed. If, during the term of your purchase, you do not request, or you request, but are unable to schedule such services, there shall be no refund or carry over of such hourly services in any way they will expire at the end of the term of your services.
  5. No Refunds; Termination by Company.
    • (a) No Refunds. In exchange for the goods and services you purchase through the Site, you shall pay the entire amount due for such goods and services at the time of purchase. Regardless of whether you make full use of the goods and services or desire to cancel or terminate the goods and services, there shall be no refund whatsoever to you (except as expressly provided herein with respect to a termination by Company) of any amounts you pay for the goods and services you purchase. You acknowledge and agree, that, upon accepting your purchase, the amount of your purchase is fully earned by the Company.
    • (b) Termination by Company. Company may terminate your use of the goods and services during the purchased term immediately and without notice you if you are in material breach of the Agreement. Further, Company may terminate your use of the goods and services at any time without cause, provided, that, in such instance, Company will determine a refund to you based on the total purchase amount in proportion, pro rata, to the amount of goods and services still owed to you in your purchase term.
  6. Privacy Policy and Website Terms of Use.

    Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: [URL address] and [URL address]. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.

  7. Intellectual Property License/Ownership.

    You acknowledge and agree that all uses on the Site and in these Terms of the words "sell," "buy," "sale," "resale," "purchase," and the like refer to the purchase or sale of a license only. As such, all goods and services provided hereunder are offered solely for license, and not actually for sale to you or any third party. Your use, therefore, shall be subject at all times to the following:

    • (a) Grant. Upon your purchase, Company grants you a limited, nonexclusive and non-transferable license (which may include more than one user as will be described in the purchase confirmation email to you), without right of sublicense, during the term of the services you purchase to access and use the services, subject to the terms and conditions of the Agreement (as defined in Section 16 below). All rights in the services not expressly granted hereunder are reserved to Company.
    • (b) Scope. The license granted to you hereunder is limited to a single, authorized use for the display and retrieval of the services on an authorized account user’s device. You have no right pursuant to the Agreement to distribute the services you receive under the Agreement in whole or in part.
    • (c) Restrictions on Use. You shall not edit, alter, abridge or otherwise change in any manner the content of the services provided to you under the Agreement, including, without limitation, all copyright and proprietary rights notices. You shall not, and shall not permit others to:
    • (i) copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease, or otherwise exploit the services; or
    • (ii) distribute, sublicense, rent, lease, loan, or grant any third-party access to or use of the services. Additionally, you understand and acknowledge that we will remain the sole and exclusive owner of all intellectual property rights incorporated in any such goods or services (and any related documentation, instructions, or other materials provided therewith), subject to your limited license to exploit the goods or services pursuant to the terms hereof. For clarification and avoidance of doubt, you will not acquire ownership rights in and to the intellectual property rights incorporated in any purchased goods or services.
  8. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.
    • (a) Buyer's R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and in accordance with these Terms and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale, republication or redistribution (whether for commercial or any other purpose), or export.
    • (b) Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT THE GOODS AND SERVICE(S), THE CONTENTS THEREIN, AND ANY ACCOMPANYING DOCUMENTATION THAT ARE PURCHASED BY YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WE DO NOT MAKE ANY AND HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
    • (d) Limitation of Liability. COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“THE PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU, ANY AUTHORIZED USERS, OR ANY THIRD PARTY, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IN NO EVENT WILL THE LIABILITY OF THE PARTIES ARISING OUT OF ANY CLAIM RELATED TO THESE TERMS EXCEED THE AGGREGATE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FOR ANY LOSS, DAMAGE OR COST IN CONNECTION WITH ANY CLAIM OR ACTION WHICH MAY BE BROUGHT BY ANY THIRD PARTY AGAINST COMPANY RELATING TO ANY BREACH OF THIS AGREEMENT BY YOU.
  9. Third Party Beneficiaries.

    These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

  10. Force Majeure.

    Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, pandemics, epidemics, local disease outbreaks, public health emergencies, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

  11. Assignment.

    Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

  12. Partial Invalidity.

    In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

  13. Governing Law/Binding Arbitration.
    • (a) Governing Law. These Terms shall be governed by the laws of the State of California without regard to its conflict of laws principles.
    • (b) Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules, if your purchase is for commercial use and its general arbitration rules if your purchase is for individual use. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in Orange County, California. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of California. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys' fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 13. provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
    • (c) Injunctive Relief. Notwithstanding anything to the contrary in subsection (b) above, we are entitled, in addition to any other rights available under this Agreement or at law or in equity, to apply for immediate injunctive relief without any requirement to post a bond or other security and you acknowledge and agree to not contest such application if, in our sole discretion, you have breached these terms in way that may cause irreparable harm to us. We may bring such an action in any court of competent jurisdiction. The remedies afforded herein are in addition to all other rights and remedies afforded to us by these terms, at law, and in equity.
  14. No Waivers.

    Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

  15. Notices.

    We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, at: contact@afmarketexperts.com; or (ii) personal delivery, overnight courier, or registered or certified mail to: AF Market Experts, LLC, 217 Marsala, Newport Beach, CA.

  16. Entire Agreement.

    These Terms, along with the confirmation email referenced in Section 2.[A3] [rb4] [A5] above, any instructions that we provide you with relating to any product or service you obtain from us through the Site and our Site's "Terms of Use" and "Privacy Policy," shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof (the “Agreement”).