Affinity Terms of Use

Last Updated: May 6, 2025

These terms of use (the “Terms of Use”) is an agreement between you and itsAffinity LLC (“Affinity,” “we”, or “us”) regarding your use of the Affinity website at https://itsaffinity.com/ (including any subdomains or mobile applications of such sites) (the “Sites”) or use of any Affinity products or services (the “Services”),

THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAIN IMPORTANT DISCLAIMERS OF WARRANTIES, LIMITATIONS ON LIABILITY AND WAIVERS.  Please read the entire Terms of Use, but please read all capitalized provisions carefully as they contain important disclaimers of warranties, limitations on liability and waivers.

By accessing the Sites or using the Services, you represent that you have read and agree to be bound by these Terms of Use and the Affinity Privacy Policy (the “Privacy Policy”) which is incorporated by reference to these Terms of Use. If you do not agree to these Terms of Use or the Affinity Privacy Policy, do not access the Sites or use the Services. The headline summaries at the beginning of each section are for reference purposes only, may not summarize all the rights and obligations contained in that section, and are not contract terms.  

Affinity reserves the right to amend these Terms of Use or the Affinity Privacy Policy or impose additional obligations or restrictions on you at any time with or without notice to you. By continuing to use the Sites or the Services, you agree to be bound by such amendments or additional obligations or restrictions. The date on the top of this page shows when the Terms of Service was last updated.

Your Account and Use of the Sites

When you use the Sites or any of the Services, you may be required to open an account with us. We reserve the right to decline you for an account or to terminate your account for any reasons permitted by applicable law including if you violate these Terms of Use or any other agreements you may have with us. As part of the account opening process, you may be required to provide certain personally identifiable information about yourself (including, for example, name, email address, or telephone number). The collection and use of this information will be governed by the Affinity Privacy Policy. 

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. 

Prohibited Activities

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 acknowledge and agree that Affinity may preserve Solicited User Content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Affinity, its users and the public.

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).

Provided that you are eligible for use of the Site and the Services, you are granted a limited, revocable, nonsublicensable, nontransferable license to access and use the Affinity IP solely for your personal, noncommercial use (including to download or print these Terms of Use or the Privacy Policy so long as you do not remove any copyright or other notice as may be contained in such content, as downloaded). Any other use of the Affinity IP is strictly prohibited and will terminate the license granted herein. Any rights not expressly granted herein are reserved by Affinity.

You agree that "Affinityfinancing.com", “Affinity”, "Affinity Financing”, the Affinity’s word marks, logos, page headers, custom graphics, button icons, and scripts are Affinity’s or its affiliate’s service marks, trademarks, and/or trade dress (“Affinity Trademarks”). Nothing in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Affinity’s Trademarks without Affinity’s prior and express written consent.  All goodwill generated from the use of Affinity’s Trademarks will inure to our exclusive benefit.

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

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING IN THESE TERMS OF USE TO THE CONTRARY, IN NO EVENT WILL WE, OUR AFFILIATES OR OUR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSSS OF INTANGIBLES, OR INABILITY TO USE THE SITES OR THE SERVICES, OR LOSS OF SECURITY OF INFORMATION THE COMPANY PROVIDED IN CONNECTION WITH THE USE OF THE SITES OR THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFFINITY WOULD NOT PROVIDE THE SERVICES OR ACCESS TO THE SITES TO YOU WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM, RELATED TO OR ARISING OUT OF USE OF THE SITES EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE SITES.

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.

Indemnity

You will indemnify and defend each Affinity and its Affiliates, and their respective partners, directors, officers, employees, agents, trustees, administrators, managers, advisors, and representatives (each an “Indemnitee”) against, and hold each Indemnitee harmless from, any and all claims, litigation, investigations, proceedings, losses, damages, fines, penalties, liabilities, settlements, costs, fees, and expenses (including the fees, charges and disbursements of any attorney for any Indemnitee), incurred by any Indemnitee or asserted against any Indemnitee by any person arising out of, in connection with, related to, or as a result of your breach by you of any of your representations, warranties, covenants, or agreements contained in these Terms of Use. 

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.

Governing Law

The law, including the statutes of limitation, of New York will govern these Terms of Use, the interpretation and enforcement of its terms, and any claim or cause of action (in law or equity), controversy, or dispute arising out of or related to it or its negotiation, execution or performance, whether based on contract, tort, statutory or other law, in each case without giving effect to any conflicts-of-law or other principle requiring the application of the law of any other jurisdiction. In any circumstances in which any action, suit, or proceeding arising under these Terms of Use, or the interpretation, performance, or breach of these Terms of Use, is permitted to be instituted in court, if Affinity elects, any such action, suit, or proceeding will be instituted and maintained in any federal or state court sitting in New York (“Acceptable Forums”). You agree that the Acceptable Forums are convenient to you, and submit to the jurisdiction of the Acceptable Forums and waive any and all objections to personal jurisdiction or venue. Should any such action, suit, or proceeding be initiated in any other forum, you waive any right to oppose any motion or application made by Affinity to transfer such action, suit, or proceeding to an Acceptable Forum. 

Arbitration

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.

  1. Each party (each, a “Party”) to these Terms of Use agree that all Claims between or among them will be resolved by binding arbitration through either the Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”). Any arbitration proceeding will proceed in Austin, Texas. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. A Party may initiate arbitration by serving a written demand for arbitration. The Parties agree that the arbitration will commence within 30 days of the date on which a written demand for arbitration is served by a Party.
  2. For purposes of this section, “Claim” means any claim, dispute, or controversy arising under these Terms of Use, or the interpretation, performance, or breach of these Terms of Use, and/or activities, or relationships that involve, lead to, or result from these Terms of Use. 
  3. Any arbitration proceeding will be conducted by JAMS or the AAA, or such other administrator as the Parties may mutually agree upon, in accordance with JAMS Streamlined Arbitration Rules and Procedures or the Expedited Procedures of the AAA’s Commercial Arbitration Rules and Mediation Procedures (“Rules”). If a conflict or inconsistency arises between the rules and procedures of the selected arbitration administrator and this arbitration provision, this arbitration provision will control.
  4. For a copy of relevant rules and procedure or for other information about JAMS, write them, visit their website, or call them at: info@jamsadr.com, http://www.jamsadr.com, or 1-800-352-5267. To file a Claim with JAMS, mail JAMS’ Demand for Arbitration form to: JAMS Atlanta Resolution Center, One Atlantic Center, 1201 West Peachtree, NW, Suite 2650, Atlanta, GA 30309. For a copy of relevant rules and procedure or for other information about AAA, write them, visit their website, or call them at: websitemail@adr.org, http://www.adr.org, or 1-800-778-7879. To file a Claim with AAA, submit AAA’s Filing Form at https://www.adr.org/Support.
  5. Applicability of the Federal Arbitration Act. The Parties acknowledge that these Terms of Use evidences a transaction involving interstate commerce. Notwithstanding any other governing law provision in these Terms of Use, any arbitration conducted pursuant to the terms of these Terms will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations and will honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered and enforced, including by garnishment, attachment, foreclosure, or other post-judgment remedies, in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the Federal Arbitration Act, in which case a Party can appeal the award to a three-arbitrator panel administered by the selected arbitration administrator.
  6. Hearing. If a claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents the Parties submit to the arbitrator, unless a Party requests a hearing or the arbitrator determines that a hearing is necessary. If a claim exceeds $10,000, the right to a hearing will be determined by the rules of the selected arbitration organization. The hearing may be held telephonically or videographically if agreed to by the Parties and permitted by applicable rules.
  7. Small Claims Court. Notwithstanding anything in these Terms of Use to the contrary, each Party retains the right to pursue in small claims court any dispute within that court’s jurisdiction. Further, this arbitration provision will apply only to disputes in which a Party seeks to recover an amount of money (excluding attorneys’ fees and costs) that exceeds the jurisdictional limit of the small claims court.
  8. Fees and Costs.
  1. The Party initiating the arbitration will pay the filing fee. 
  2. If a Party fails to submit to arbitration following a proper demand to do so, that Party will bear the costs and expenses, including attorneys’ fees, incurred by the Party compelling arbitration.
  3. Except as otherwise provided in these Terms of Use, each Party will bear its own costs and fees and an equal share of the arbitrators’ and administrative fees of arbitration (other than the filing fee), unless the arbitrator determines how the costs and expenses of the arbitration will be allocated between the Parties. Allocation of fees and costs relating to appeals in arbitration will be handled in the same manner. For an explanation and schedule of the fees that apply to an arbitration proceeding, contact the organizations identified in this Section above. The appropriate fee schedule in effect from time to time is incorporated by reference into this arbitration provision. 
  1. Class Proceedings and Consolidations. NO PARTY WILL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
  2. Rights Enforceability; Arbitrability. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation, and enforceability of this arbitration provision. This arbitration provision will continue to govern any claims, disputes, or controversies that may arise without regard to any termination or cancellation of these Terms of Use.
  3. IF ARBITRATION IS COMMENCED, NO PARTY WILL HAVE THE RIGHT TO (A) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED, (B) ENGAGE IN PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM ANOTHER PARTY) TO THE SAME EXTENT THAT A PARTY COULD IN COURT, (C) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION, OR (D) JOIN OR CONSOLIDATE CLAIMS OTHER THAN THE PARTY’S OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

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. 

Miscellaneous

The Terms of  Use are between you and Affinity and these Terms of Use will not vest any rights, either on your behalf or otherwise, to any third party from your use of the Site or the Services provided, however, that affiliates of Affinity are intended third party beneficiaries of these Terms of Use (including in particular and without limitation, the “Arbitration”, “Limitation of Liability”, “Disclaimer of Warranties”, and “Indemnity and Release” sections). 

The failure of Affinity or its affiliates to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provisions of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 

You agree that Affinity in its sole discretion may suspend or block your use of the Sites for any reason, including, without limitation, if Affinity believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. You may not assign your rights or obligations under these Terms of Use to any other party without our prior written consent. Affinity may freely assign its rights and obligations under these Terms of Use at any time without notice. 

This agreement is between you (the “Customer”) and Affinity Learning, Inc. (formerly known as itsAffinity LLC) (“Affinity”) regarding your purchase of any “Service” from Affinity. 

The “Services” mean the (i) a platform to offer, track, and record trainings for external and internal customers; (ii) use of training content that is offered by Affinity; (iii) the ability to offer training to authorized users, and (iv) any other products and services that are ordered by Customer from Affinity in an order form (including the Master Services Agreement, the “Order Form”) as executed by both parties. 

‍Fulfillment of Services:

Affinity will make the Services available to the Customer once an Order Form has been executed by the Customer, all payment details have been provided, and pre-conditions necessary to activate the Services have been received by Affinity (including, without limitation, the Customer setting up and onboarding an account). Prior to such time, Affinity will provide onboarding support as required but will not be required to activate the Services. 

Refunds and Cancellations:

Affinity and Customer will sign an order form that will include a term for the Services and any termination triggers (including, without limitation, termination for cause and termination for convenience). Affinity will only be required to adhere to any repayment of fees in accordance with the Order Form as executed by both parties.