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TERMS OF SERVICE AND CONDITIONS OF USE
1. Operating Policies.
You agree to comply with the operating policies set forth below, which are the rules that govern user activity in connection with this website, as they are amended from time to time. These operating policies govern your conduct and activities on this website. Violations of the operating policies or other provisions of this agreement may also result in termination or suspension of your access to this website or under certain circumstances, legal action against you.
Users are responsible for their own use of this website. You may not, under any circumstances, do any of the following:
a. use, sell, rent or distribute the AFTRCC membership data or contact lists for purposes other than AFTRCC business unless authorized by AFTRCC;
b. intercept or attempt to intercept email or other private communications not intended for you;
c. upload files that contain a virus or corrupted data;
d. use the website in a manner that adversely affects the availability of its resources to other website users;
e. act, or fail to act, in your use of the website, in a manner that is contrary to applicable law or regulation.
Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
2. Acceptance Procedure.
3. Privacy Policies.
We reserve complete and sole discretion with respect to the operation of the website and its services. We reserve the right to change pricing, terms, specifications and warranties without notice. We also reserve the right to withdraw, suspend or discontinue any functionality or feature of the website at any time.
Although we make every effort to ensure the correctness of data, we disclaim responsibility for any errors or omission, such as unintended inaccuracies or typographical errors.
6. Permitted Use.
This website is protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within the website is the proprietary information of AFTRCC and its content providers, and AFTRCC and its content providers retain all right, title, and interest in the content. You have a nonexclusive, nontransferable, limited, revocable right to use the website solely for your informational and business use. You may not use the website for any other purpose without our express prior written consent.
You are granted a limited license to print copies of any content posted at this website, but only for your informational and business use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on this website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to author attribution or copyright notices are prohibited. Use of any of our trademarks as meta tags on any other website is also strictly prohibited. You may not display the website or portions thereof in things (framing) without our express written permission. You agree to cooperate with us to cause all unauthorized co-branding, framing or linking to immediately cease.
7. Disclaimer of Warranty.
While we use reasonable efforts to include accurate and up to date information on this website, errors or omissions sometimes occur. We reserve the right to correct errors and/or update the content on this website at any time without notice.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS”. WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THIS WEBSITE. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AFTRCC, , THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, OR ANY ACTIVITY RELATED TO THIS WEBSITE (INCLUDING COLLECTION SERVICES PERFORMED BY AFTRCC BASED ON INFORMATION SUBMITTED BY YOU, INFRINGEMENT OF THIRD PARTIES, INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THIS WEBSITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AFTRCC, , THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES RESULTING FROM ANY CLAIMS OR ACTIONS BROUGHT AGAINST AFTRCC, , THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS AS A RESULT OF COLLECTION SERVICES INITIATED BY YOU.
9. WAIVER, RELEASE AND LIMITATION OF LIABILITY.
YOU AGREE THAT AFTRCC, , THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THIS WEBSITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST AFTRCC, , THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE. AFTRCC, , THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY AND ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER SERVICES PROVIDED BY AFTRCC OR , EVEN IF AFTRCC, , THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Third Party's Rights.
The provisions in the Disclaimer of Warranty (¶ 7), Indemnification (¶ 8) and Waiver, Release and Limitation of Liability (¶ 9) paragraphs are for the benefit of AFTRCC and its officers, directors, employees, agents, licensors or suppliers and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
We may terminate your right to use this website at any time, with or without cause.
The Permitted Use (¶ 6), Disclaimer of Warranty (¶ 7), Indemnification (¶ 8), Waiver, Release and Limitation of Liability (¶ 9) Third Party’s Rights (¶ 10) and Miscellaneous (¶ 12) paragraphs shall survive any termination of this Agreement. This Agreement shall commence upon your access of this website.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. Any cause of action or claim you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises. In the event of a dispute, the parties agree to meet and confer. If such dispute is not resolved, then the parties shall move to binding arbitration which shall be governed by the American Arbitration Association and shall be brought in Cartersville, Georgia. The prevailing party is entitled to reasonable attorney’s fees and costs. Judgment on the arbitration award may be entered by any court of competent jurisdiction. AFTRCC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. AFTRCC may assign its rights and duties under this Agreement to any party at any time without notice to you.
13. Complete Agreement.
We may deliver notice to you under this Agreement by means of electronic mail, general notice on the website, or by written communication delivered by first-class U.S. mail to your address on record in our account information. You may give notice to AFTRCC at any time via electronic mail to webmasterATaftrccDOTorg, or by letter delivered by first-class postage-paid U.S. or overnight courier to the following address:
Attn: Don Hoehn
One Learjet Way (MS41)
Wichita, KS 67209
Thank you for your cooperation. We hope you find this website informative and convenient to use.