Terms and Conditions of Use

These terms and conditions govern your use of the website with web address loadafn.com, which is administered and controlled by AFN, LLC, a limited liability company organized under the laws of the state of Illinois and headquartered in Niles, IL.  By accessing loadafn.com, you agree to these terms and conditions, without modification.

Overview

The terms “we”, “us”, and “our” refers to AFN, LLC.  The term “Site” refers to loadafn.com.  The term “User,” “You” and “Your” refers to any visitors to and users of the Site.  The  term “Content” refers to information provided on the Site in any form.  

Use of the Site

Content provided on the Site is subject to change.  AFN, LLC  makes no representation or warranty that the Content, regardless of its source, is error-free.  AFN, LLC disclaims all liability for any inaccuracy, unreliability, error, or lack of timeliness or completeness in the Content.

Content on this Site may be provided in written, video, or audio format and is provided for the User’s convenience for informational and educational purposes only.  Content on the Site is not intended to provide specific professional advice to you or to any other individual or company, and should not be relied upon as such.

Account Creation

In order to use the Service, you may be required to provide information about yourself including your name, email address, username, password, and other personal information.  You agree that any registration information you give to AFN, LLC will always be current, correct and complete.  You must not impersonate another individual or provide account information or an email address other than your own.  Your account must not be used for any illegal or unauthorized purpose.  You must not, in the use of the Site, violate any laws.   

We will take reasonable and appropriate technical and organizational precautions to prevent the loss, misuse, or alteration of your personal information.  However, you acknowledge that the transmission of information over the internet is inherently insecure and no method of data transmission or storage is guaranteed to be entirely secure.   You may, of course, decline to submit any personal information through the Site, in which case we may not be able to provide certain services to you.

Restrictions On Use

You may use the Site and Content for lawful and legitimate purposes only.  You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas or instructions, or which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Third Party Resources

The Site and Content may contain links to third party websites and resources.  These links are provided for your convenience.  You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources.  Unless otherwise indicated by us, links to such websites or resources do not imply any endorsement by or affiliation with AFN, LLC.   You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Our Intellectual Property

The Site and Content contain intellectual property owned by AFN, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property, including the Site address, company name, logo, designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the “look and feel.”  The entire Content of our Site is protected by intellectual property law, including international copyright and trademark laws.  You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Site or Content, in whole or in part, without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content.  We reserve the right to immediately remove you from the Service, without refund, or restrict you from access to the Site, if you are caught violating this intellectual property policy.

General Disclaimers And Limitations Of Liability

THE INFORMATION ON THE SITE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS.  YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED AND WE ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.  AFN, LLC IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY OR ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR YOUR USE THEREOF.

ADDITIONALLY, AFN, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (A) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR SYSTEM FAILURE, (B) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, OR DATA, (C) THIRD PARTY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, ALTERATION, OR USE OF YOUR INFORMATION.

WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or your use of the Site.  You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary.  You shall not settle any third party claim or waive any defense without our prior written consent.

Entire Agreement

These Terms and Conditions of Use constitute the entire agreement between you and AFN, LLC pertaining to your use the Site and supersedes any and all prior and contemporaneous agreements, representations, and understandings between the parties as they pertain to your use of the Site.  No waiver of any of the provisions of these Terms and Conditions of Use shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing by AFN, LLC.

Notices

All notices, requests, demands, and other communications to us under this Agreement shall be in writing and properly addressed as follows:

AFN, LLC

Attn:  Legal Department

7230 N. Caldwell Ave.

Niles, IL 60714

Governing Law

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Illinois.  The exclusive venue for any arbitration or court proceeding arising out of this Agreement shall be Cook County, Illinois.  Any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration according to the American Arbitration Association commercial arbitration rules.. All arbitration must occur in Cook County, Illinois.  The prevailing party shall be entitled to recoup its attorneys’ fees from the non-prevailing party.

Severability

If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions are not assignable, delegable, or otherwise transferable by You.  

Amendments

We reserve the right to amend and update these Terms and Conditions at any time.  Such amendments are effective immediately upon our  posting of the updated Terms and Conditions on this Site.  Any use of the Site by you after such posting means that you accept the amendments.