Terms of Use

Please read these terms of use ("Agreement" or "Terms and Conditions") carefully before using the website and services offered by www.affective.com. The Agreement sets out the legally binding terms and conditions for your use of the website at www. affective.com (the "Site") and all services provided by Affective.com on the site.

 

By using our website you agree to be legally bound by these terms, which shall take effect immediately on your first use of our website. If you do not agree to be legally bound by all the following terms please do not access and/or use our website.

 

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use our website. We encourage you to read the Privacy Policy, which can be accessed at affective.com /privacy-policy and to use it to help you make informed decisions.


Website Contents

This website and the Contents are intended solely for personal, non-commercial use.  You may download or copy the Contents and other downloadable materials displayed on this website for your personal use only.  No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents of this website.

 

Our Services

Upon calling a phone number listed for a service or requesting a free estimate, by entering your name, phone number and zip code, through the Affective.com Web site, you will be connected or contacted by a local service provider. At Affective.com we are committed to making your total experience a positive one. All the professionals we use are competent and licensed to operate in their field. 


No Guarantees or Endorsements

We do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that either is capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations of such service professional, the quality of the job that he or she may perform for you if you elect to retain their services, or the price he or she may charge. Affective.com does not endorse or recommend the services of any particular service professional. It is your decision whether to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of Affective.com, nor are Affective.com an agent of the service professionals. Affective.com does not perform, and is not responsible for any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly.


Information Needed From You

You will be prompted to disclose certain information about yourself and your service requirements when you use Affective.com’s services. Some of this information will be sent to service professionals who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, to enable us to provide the services set forth on our site, to service your account, to address matters pertaining to your account, or for any other purpose related to your service request and our business, including transactional and marketing-related emails.

By completing a service request, you agree that you are entering into a business relationship with Affective.com and its partners and therefore agree to be contacted by Affective.com and/or its partners. You promise, warrant, and guarantee that all information you provide will be current, accurate, complete, and truthful. If you provide any information that is outdated, inaccurate, incomplete, or untruthful, Affective.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; Affective.com has the right to stop your use of Affective.com’s services. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Affective.com for any such damages, and will indemnify Affective.com in the event of any third party claims against Affective.com based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Affective.com Web site and services at any time. All information about service a professional is confidential and for your personal use only. If it is determined or suspected by Affective.com in its sole discretion that you are misusing or attempting to misuse or circumvent the Affective.com services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Affective.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.


Restrictions on Use

You may use this site for purposes expressly permitted by this site. As a condition of your use of Affective.com’s website(s), you warrant to Affective.com that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) download any content from this site (other than as provided by these terms) without the express prior written permission of an authorized representative of Affective.com.  For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Affective.com to prevent or remedy any unauthorized use. In addition, you may not use Affective.com’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).


User Communication

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others without their consent.
  • Violate any applicable laws or regulations.

Affective.com has no obligation to monitor the Communication Services. However, Affective.com reserves the right in its sole discretion to review materials posted to a Communication Service and to remove any materials at any time, for any reason, without notice to you. Affective.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Affective.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Affective.com’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Affective.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Affective.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.


Service Professional Procedures

Affective.com allows service professionals to post profiles about themselves and their business on the Affective.com Web site. Affective.com does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the service professional.

The above procedures may change from time to time at the sole discretion of Affective.com. Affective.com believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, Affective.com advises consumers to check these matters for themselves especially at future dates. Affective.com does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Affective.com checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.


Disclaimer of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AFFECTIVE.COM AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.


Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL AFFECTIVE.COM OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AFFECTIVE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AFFECTIVE.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


Links to Other Websites

This Site may contain links to other websites. Affective.com assumes no responsibility for the content or functionality of any non- Affective.com website to which we provide a link.


Indemnity

Without limiting the operation of any other provisions of these Terms and Conditions of Use, you agree to indemnify Affective.com and keep Affective.com indemnified, holding Affective.com harmless from all claims, demand, damages or loss (including legal costs on a full indemnity basis) incurred by Affective.com as a result of, or flows naturally from, your breach of these Terms and Conditions of Use including without limitation the breach of any warranties.


Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.


Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time and when agreeing to any particular service or offer, so you are aware of any changes, as they are binding on you.


Applicable Laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of United States of America without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of New York, Unites States of America in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.