Advanced Funding Network is subject to the terms and conditions of this Agreement. By using Advanced Funding Network (http://advancedfundingnetwork.com), you confirm your acceptance of, and agree to be bound by, this Agreement.
Unless you specify otherwise when registering, AFN reserves the right to disclose your name and mailing address to selected vendors and service providers for the purpose of furnishing you information about related products and services.
2.1 You may send and receive the services you selected upon registration, and download and upload files as permitted by this Agreement, all pursuant to the pricing plan(s) selected by you upon registration. AFN may monitor your Advanced Funding Network account, when it determines it to be appropriate (i) to comply with applicable criminal or civil law, warrants, court orders or other legal process or governmental authority, (ii) when health, physical safety or risk of harm to person or property is at issue, (iii) in connection with a breach of this Agreement by you, (iv) to protect the rights or property of AFN, or (v) on the advice of legal counsel.
2.2 In connection with your use of Advanced Funding Network, you agree that you will not do any of the following: (i) publish, distribute, or disseminate defamatory, libelous, infringing, obscene or other unlawful material or information; (ii) threaten, harass, stalk, extort, blackmail, defraud, misappropriate or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others; (iii) intercept or attempt to intercept Advanced Funding Network correspondence; (iv) upload files that contain software or other material protected by intellectual property laws, unless you own or control the rights thereto or have received all necessary consents; (v) upload files that contain a virus or corrupted data; (vi) use Advanced Funding Network in a manner that adversely affects the availability of its resources to other members; (vii) impersonate any person, including without limitation any AFN official, or communicate under a name that you are not entitled or authorized to use; (viii) transmit chain letters or pyramid schemes; (ix) transmit any information, in violation of any law or regulation regulating the export, re-export or import of information, technology or data, or upload on Advanced Funding Network any such information, technology or data which cannot be exported or re-exported without prior governmental authorization; or (x) act, or fail to act, in any other manner that is contrary to applicable local, state, national, international or other law or regulation.
2.3 You agree to (i) maintain the security of your password and other confidential information relating to your Advanced Funding Network account; and (ii) be responsible for all charges under your account, including without limitation any unauthorized charges, until you notify AFN of any breach of security and change your password.
2.4 Either you or AFN may terminate your Advanced Funding Network membership at any time, with or without cause, upon notice. Termination is your sole and exclusive remedy in the event of any breach of this Agreement by AFN. Notice of termination will be effective upon receipt. In the event AFN terminates this Agreement for breach, no refund of any fees, including without limitation your monthly subscription fee, will be granted.
2.5 AFN grants you a non-exclusive, limited license to use the software through which you access Advanced Funding Network ("Advanced Funding Network Software") only in accordance with this Agreement and for the services you selected upon registration. You may not translate, reverse engineer, reverse compile, de-compile, disassemble or make derivative works from Advanced Funding Network Software. You may not modify Advanced Funding Network Software in any manner or form, or use it in any way, which is not expressly authorized in this Agreement.
2.6 All intellectual property comprising Advanced Funding Network is wholly owned or licensed by AFN.
2.7 All charges will be exclusive of value added, sales, use, or other taxes, which shall be your obligation, but not taxes measured by AFN income. AFN may change its fees at any time upon not less than thirty (30) days notice. Continued use of Advanced Funding Network or non-termination of your membership after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
2.8 Payment of your Advanced Funding Network account balance is due monthly and will be made by the credit card designated by you upon registration. All currencies referred to herein shall mean U.S. dollars. If payment is not received or retained by Real Estate Workshops LLC from your card issuer or its agents, you agree to pay all amounts due upon demand by AFN. Each time you use Advanced Funding Network, you agree and reaffirm that AFN is authorized to charge your designated card. You agree that AFN may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle. Your Advanced Funding Network monthly subscription fee is payable in advance and is non-refundable.
2.9 You must promptly notify AFN of changes to: (i) the account number or expiration date of your designated credit card and (ii) your billing address and if your card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your identification or password.
3.1 AFN will provide you with an emailed statement of charges on your Advanced Funding Network account approximately as and when such charges are incurred and/or paid. Unless you notify AFN in writing of any discrepancies or irregularities within forty-five (45) days after they first appear in your online account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer.
3.2 You agree to pay a late charge on all amounts due but not timely paid and which remain unpaid for thirty (30) days after being billed. The late charge will equal one and one-half percent (1 1/2%) of the past due amount per month until paid or, if such rate is in excess of the allowable rate, the maximum rate allowed by law. You will be responsible for all collection costs, expenses and fees.
AFN may, among other things, withdraw, suspend or discontinue any functionality or feature of Advanced Funding Network and, in any such event, will afford you notice and an opportunity to terminate your subscription.
You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Advanced Funding Network (as well as for use of your account by others, whether or not with your authorization, including without limitation any minors) and to comply with your responsibilities and obligations
6.1 Advanced Funding Network AND ALL Advanced Funding Network SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND AFN MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. AFN EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NONE-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
6.2 Your use of Advanced Funding Network and all Advanced Funding Network Software and services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material (including, without limitation, Advanced Funding Network Software) obtained through Advanced Funding Network. YOU AGREE THAT AFN AND PROVIDERS OF PROOF OF FUNDS AND INVESTMENT NETWORK SERVICES FOR Advanced Funding Network WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, DIRECT, OR SPECIAL DAMAGES, ARISING OUT OF YOUR USE OF OR INABILITY TO USE Advanced Funding Network OR ANY Advanced Funding Network SOFTWARE OR SERVICES, OR THE GOODS OR SERVICES ANY OTHER MEMBERS PROVIDE OR THE ACTIONS OR INACTION OF SUCH OTHER MEMBERS, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS, EVEN IF AFN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AFN liability to you for breach of this Agreement is limited to the amount actually paid by you for access to and use of Advanced Funding Network, exclusive of payments relating to goods and services purchased from other members. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
Member agrees to indemnify, defend and hold harmless AFN, its affiliated companies and licensees from all liabilities, claims and expenses, including without limitation reasonable attorneys' fees and expenses, arising from or in connection with use of your Advanced Funding Network account by you or any other person (whether or not authorized by you), including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Members and infringement of intellectual property or other rights and any breach by you of this Agreement or failure to comply with applicable law in your use of Advanced Funding Network. Real Estate Workshops LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Member hereunder, and in such event, Member shall have no further obligation to defend, but shall continue to be obligated for indemnification as to such matter and defense thereof, including without limitation attorneys' fees and expenses.
Notices and consents given by AFN will be given by Real Estate Workshops LLC email or by conventional mail. Notices given by you to AFN must be given by email, or by conventional mail.
This Agreement takes effect on the date on which you agree online to this Agreement and furnish online the information requested upon registration and continues until terminated by either you or AFN.
Subject to the ability to obtain equitable and injunctive relief, in the event of any controversy, dispute or claim arising out of or related to this Agreement, the parties shall submit such controversy, dispute or claim to binding arbitration before the American Arbitration Association in Salt Lake City, Utah. All arbitration proceedings pursuant to this Section shall be in the County of Salt Lake City, Utah before three arbitrators. The arbitrators shall be bound by the express terms of this Agreement and applicable law and shall endeavor to reach their decision as quickly as possible, which decision shall be final and binding. Application to enforce the arbitrators' decision can be made in any court or other tribunal of competent jurisdiction. The rules of discovery then pertaining to the Superior Court of the State of Utah, County of Salt Lake City, shall apply to any such arbitration, including, without limitation, Sections 1283.01 and 1283.05 of the Utah Code of Civil Procedure, the provisions of which are hereby incorporated herein and made a part hereof by reference. The parties hereby irrevocably agree that all actions or proceedings relating to this Agreement shall take place in the County of Salt Lake City, and waive any objections that they may have based on improper venue or forum non convenes.
11.1 This Agreement is governed by the laws of the State of Utah, USA, applicable to agreements entered into and wholly performed in Utah.
11.2 You acknowledge that no joint venture, agreement, partnership, employment, or agency relationship exists between you and AFN. You agree not to hold yourself out as a representative, agent or employee of AFN and that Real Estate Workshops LLC will not be liable by reason of any representation, act or omission to act by you.
11.3 No delay or omission by either party to exercise any right occurring upon any non-compliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof.
11.4 The benefit of each indemnity hereunder shall extend to all officers, directors, shareholders, owners, partners, employees, officers, agents, servants and representatives of each party indemnified and such indemnities shall survive the termination or expiration of this Agreement.
11.5 In the event any term or provision of this Agreement is declared null and void or unenforceable by any court of competent jurisdiction, the remainder of the provisions of this Agreement shall remain in full force and effect to the fullest extent permitted by applicable law.
11.6 Neither party shall be liable nor deemed to be in default for any delay or failure in performance under this Agreement resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failures of transportation or telecommunications, machinery or suppliers, vandalism, or any similar cause beyond the reasonable control of either party.
11.7 This Agreement constitutes the entire agreement between AFN and you with respect to your use of Advanced Funding Network and your Advanced Funding Network membership and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between AFN and you with respect thereto.