Last Updated: May 8, 2023
In setting up your account with us, you agree that you will provide true and accurate information. If any of the information you previously provided has changed, you agree to update Affinity with your current information as soon as practicable.
As a condition to accessing the Site or using the Services, you agree that you will not (each, a “Prohibited Activity”):
Solicited User Content; Unsolicited Submissions
From time to time, we may ask you to provide feedback, information, or ideas on the Sites or the Services, for example in the form of customer surveys or other interactions we may have with you (collectively, “Solicited User Content”). Unless otherwise indicated, any such Solicited User Content will be deemed and remain the property of Affinity. You agree that any comments, ideas, or feedback you provide us are non-confidential and may be used by us without any restriction or compensation owed to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from other sources.
You understand that the technical processing and transmission of the Services, including your Solicited User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
In order to avoid Affinity does not accept or consider or review unsolicited materials, feedback, or ideas on the Sites or the Services (“Unsolicited User Content”). Should you send any Unsolicited User Content to us, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Affinity and its affiliates regarding the use of such content, even if material, feedback, or an idea is used that is substantially similar to the material or idea you sent.
Site Content and Ownership
You agree that Affinity or one of its affiliates owns all right, title, and interest in, or has a license to, any design, text, sounds recordings, images, software, code, system, technology, content, procedures and other intellectual property used or embedded in the Sites, the Services including, without limitation, the Affinity name, logo, and any other trademarked material and including all the content on the Sites (collectively, the “Affinity IP”). You may not copy, transmit, display, distribute, repost, reproduce, republish, perform, license, alter, frame, store for subsequent use, modify or otherwise use in whole or in part in any manner any Affinity IP without Affinity's prior written consent or unless as expressly permitted herein.
You agree you will not engage in or use any data mining, robots, scraping, decomposing, decompiling, disassembling, reverse engineering, or similar data gathering or extraction methods methods. If you are blocked by Affinity from accessing the Site or the Services, you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
Links to Third Party Websites
From time to time, Affinity may provide links to, or by using the Site or the Services you may have access to or be directed to, third party websites (“Third Party Sites”) or articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (“Third Party Content”). Affinity has no control over these Third Part Sites and/or Third Party Content and is not responsible for the content or access (or lack of access) to these other Third Party Sites and/or Third Party Content, nor does it check for the accuracy, completeness, or appropriateness of such Third Party Site and/or Third Party Content. Affinity makes no representations or warranties about Third Party Sites and/or Third Party Content or that they are free of viruses or other potentially harmful software. Linking to a Third Party Site and/or Third Content is also not an endorsement by Affinity of that third party, their products, services or their website.
If you decide to leave the Site and access any Third Party Site (including accessing any Third Party Content), you do so at your own risk and you should be aware that our terms and policies no longer govern. You further acknowledge and agree that Affinity will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content or any content, goods or services available on or through any Third Party Site. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site.
Outages; Force Majeure
Affinity will not be liable for the operability of the Sites or any delays that may result from first or third-party service outages, hardware failure, telecommunications issues, software failure, overloading of system capacities, acts of God (including weather, fire, water damage, explosion, and natural disasters), pandemic, changes in government or regulatory restrictions, or for other reasons outside of Affinity’s control.
Disclaimer of Warranties
The data and other information on the Sites is provided to you for information purposes only. Affinity does not represent or warrant as to its accuracy or completeness. Some information may not be the most up-to-date information and Affinity does not undertake any obligation or responsibility to update or amend any such information. Affinity reserves the right to terminate any of the Sites without prior notice.
THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES. AFFINITY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, NONINFRINGEMENT, TITLE, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
AFFINITY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED ON THE SITES OR SERVICES AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE SITES OR SERVICES OR ANY LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEMS FAILURES THAT MAY AFFECT THE SERVICES AT ANY TIME. WE CANNOT GUARANTEE AND DO NOT WARRANT THAT YOUR ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE SITE WILL BE FREE OF COMPUTER VIRUSES, TROJAN HORSES, WORMS, MALWARE OR OTHER HARMFUL COMPONENTS
If you are a user from a jurisdiction that does not allow the exclusion of certain types of warranties, you agree that the foregoing section titled “Disclaimer of Warranties” is intended to be as broad as permitted under the laws of such jurisdiction. If any portion of this section is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.
LIMITATION OF LIABILITY
If you are a user from a jurisdiction that does not allow the limitation of certain liabilities, you agree that the foregoing section titled “Limitation of Liability” is intended to be as broad as permitted under the laws of such jurisdiction. If any portion of this section is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.
If you are a user from a jurisdiction that does not allow the certain indemnification obligations, you agree that the foregoing section titled “Indemnity” is intended to be as broad as permitted under the laws of such jurisdiction. If any portion of this section is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.
In case of a dispute, you are agreeing to waive certain rights, including the right to sue in court, the right to a jury, and the right to participate in class proceedings. You may opt out of the Arbitration Provision as described in this Section.
JURY TRIAL WAIVER. THE PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY COURT IN ANY SUIT, ACTION, OR PROCEEDING ON ANY MATTER ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THE TRANSACTIONS OF WHICH THESE TERMS ARE A PART OR ITS ENFORCEMENT, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. THE PARTIES ACKNOWLEDGE THAT EACH MAKES THIS WAIVER KNOWINGLY, WILLINGLY, AND VOLUNTARILY AND WITHOUT DURESS, AND ONLY AFTER EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH ITS ATTORNEYS.
CLASS ACTION WAIVER. CLASS ACTION WAIVER. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST ANOTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW AGAINST PUBLIC POLICY. TO THE EXTENT A PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST ANOTHER, THE PARTIES AGREE THAT: (A) THE PREVAILING PARTY WILL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS); AND (B) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Compliance with Laws; Eligibility
You agree that you will not engage in any activities on the Sites that are contrary to law or regulation or that violate any of your obligations Affinity Financing agreements. You represent and warrant that you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and you are not listed on any United States government list of prohibited or restricted parties. By using the Sites, you represent and warrant that you are eligible to do so. If we determine in our sole discretion that we are not permitted to transact business with you under the laws of the United States, we reserve the right to not do so.
Affinity makes no representation that the materials contained in the Sites are appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you choose to access the Sites, you do so on your own initiative and risk and are responsible for compliance with all applicable laws and regulations. You also acknowledge and agree that Affinity is not responsible for the defamatory, offensive, or illegal conduct of other users of the Sites and that the risk of injury from the foregoing rests entirely with you.