Last updated: April 17, 2017

Welcome to Affinio.com!

Affinio.com, including all of its features and content (collectively, the “Website”) is made available by Affinio Inc. or its affiliates (“Affinio”) and all content, information, services, designs, names, logos, text, photographs, video, audio, audiovisual works, graphics, user interfaces, and software ordered or provided on or through the Website (collectively, the “Content”) may be used solely under the following legally binding terms and conditions of use (“Terms of Use”). Your use of the Website constitutes your acceptance of these Terms of Use, as amended from time to time. If Affinio makes a material change or amendment to these Terms of Use, it will notify you by posting a notice on the Website, which amendment will be effective automatically upon the posting of such notice. You are responsible for regularly reviewing these Terms of Use. IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THIS WEBSITE.

In consideration of your use of the Website, you represent that you are of legal age to form a binding contract with Affinio in connection therewith.

Notwithstanding the mobile application platform or other website, service or entity through which you access the Website, these Terms of Use are between you and Affinio only, and not with any such platform, device provider, wireless carrier, venue or any other third party. You will use the Website in compliance with any applicable laws, rules and regulations.

Please note that these Terms of Use do not govern Affinio’s social media analytics platform (the “Platform”), the use of which is governed by separate terms of service available on the Website.

1. Website Limited License.

1.1 The Website and Content are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. As a visitor to the Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content (and any updates thereto) in accordance with these Terms of Use. Affinio may terminate this license, or change, suspend or discontinue any aspect of the Website at any time for any reason. In addition, Affinio makes no representation or warranty that particular Content will be available (or will continue to be available) any particular time to access the Website, and Affinio is under no obligation to undergo an update of the Website to the extent any material, content and/or features contained therein or related thereto is out of date. This license terminates automatically upon any unauthorized use.

1.2 You will not have access to the Platform unless you are granted such access by Affinio, in its discretion, and comply with the terms of service for the Platform, including but not limited to all provisions related to payment therein.

2. Limitations on Use; Third Party Communications.

2.1. Limitations on Use. Unless otherwise agreed by you and Affinio in a separate written agreement, the Content on this Website is for your personal use only and not for commercial exploitation. You may not use this Website or the Content for any illegal purpose, in any illegal manner or in any manner inconsistent with these Terms of Use. You may not decompile, recompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. You may not use any network monitoring or discovery software to determine the Website’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, crawler, scraper or any other automatic software or a camera or other device, or manual process to monitor or copy the Website or the Content. You may not use this Website to transmit any false, misleading, fraudulent or illegal communications. Except as permitted by these Terms of Use or the Website (e.g., posting blog articles to Facebook, Twitter, etc.), you may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, noncommercial or public purposes all or any portion of this Website or the Content. You may not use, transfer, distribute or dispose of this Website or the Content in any manner that could compete with the business of Affinio. You may not use or otherwise export or re-export this Website, any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or its Content is prohibited.

2.2. Third Party Communications. Affinio disclaims all liability for any Third Party Communications (as defined below), that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Affinio assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Website or Content (e.g., advertising, forums, etc.).

3. Intellectual Property Rights.

3.1 You acknowledge and agree that Affinio and/or its licensors and other partners retain all right, title and interest in and to the Website, including all Content therein and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (“Affinio IP”). You agree not to use any Affinio IP in any way other than within the terms of the license granted herein. Company reserves all ownership and other rights in the Website and the Content not specifically licensed under these Terms of Use.

3.2 This Website may contain certain interactive areas which include, without limitation, blogs, wikis, bulletin boards, discussion boards, and question and answer features (the “Interactive Areas”). You hereby grant to Affinio an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expressions of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit (collectively, “Postings”) to this Website. Said license is without restrictions of any kind and without any payment, permission or notification due from Affinio to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.

3.3. You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to Affinio a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for said works with all of the rights granted by you in section 3.2 of these Terms of Use and (ii) do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark or other intellectual property right or any proprietary right.

3.4. By submitting Postings to this Website, you acknowledge and agree that Affinio may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against Affinio for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Postings you provide to Affinio.

4. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. Affinio has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Affinio reserves the right to remove any Content and/or Posting that allegedly infringes another person’s copyright. Affinio will, in appropriate circumstances, revoke access to the Website for those who are repeat infringers of another person’s copyright. Notices to Affinio regarding any alleged copyright infringement should be directed to Affinio via email at: DMCA@affinio.com.

4.1 Filing a DMCA Notice to Remove Copyright - Protected Content

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  • a) Your name, address, telephone number, and email address (if any);
  • b) A description of the copyrighted work that you claim has been infringed;
  • c) A description of where on the Website the material that you claim is infringing may be found, sufficient for Affinio to locate the material (e.g., the URL);
  • d) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  • e) A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • f) Your electronic or physical signature.

4.2 Filing a DMCA Counter–Notice to Restore Content Removed from the Website

If you believe that your material has been removed by mistake or misidentification, please provide Affinio with a written counter-notification containing the following information:

  • a) Your name, address, and telephone number;
  • b) A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
  • c) A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • d) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Affinio may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
  • e) Your electronic or physical signature.

5. Linking to this Website. You may provide links to this Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Website, including any Content, terms of use, copyright notices, or other notices on this Website, (b) you immediately deactivate and discontinue providing links to this Website if requested by Affinio and (c) Affinio may deactivate any link(s) at its sole discretion.

6. No Solicitation. You shall not distribute on or through this Website any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Affinio.

7. Postings in Interactive Areas of this Website.

7.1. Postings to be Lawful. If you participate in Interactive Areas on the Website, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. Affinio may delete your Postings at any time for any reason or no reason without permission from you.

7.2. Postings shall not contain protected health information or healthcare or legal advice. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You may not submit any Posting that contains legal, financial or healthcare advice. You are also strictly prohibited from providing Affinio with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should Affinio discover that you have done so, Affinio will remove it immediately and reserves the right to ban you from the Website. None of the foregoing shall obligate Affinio to actively screen the information that you provide.

7.3. No Monitoring of Postings. Affinio has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Affinio however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.

7.4. Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any commercial or otherwise unauthorized use of the Interactive Areas of this Website, its Content, or Postings is expressly prohibited.

7.5. You shall be solely responsible for all interactions with other users of the Website. In your interactions with other users, you agree to conduct yourself civilly and respectfully. While using the Website, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website. While Affinio makes commercially reasonable efforts to ensure that the Website fosters a safe and positive environment for its users, you hereby acknowledge and agree that Affinio does not actively monitor or police the interactions between users of the Website (and has no obligation to do so), and you hereby release Affinio from and against any and all liability resulting from a user’s interaction with, or conduct towards, any other user. Notwithstanding the foregoing, Affinio reserves the right to determine, in its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also in its sole discretion, partially or completely deny access to the Website to any infringing party.

8. Errors and Corrections. Affinio does not represent or warrant that this Website or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Affinio does not warrant or represent that the Content or Postings available on or through this Website will be correct, accurate, timely, or otherwise reliable. Affinio may make improvements and/or changes to its features, functionality, Content or Postings at any time.

9. Third Party Content. Third party content (including, without limitation, Postings) may appear on the Website or may be accessible via links from the Website. Affinio shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Affinio. Further, information and opinions provided by employees and agents of Affinio in Interactive Areas are not necessarily endorsed by Affinio and do not necessarily represent the beliefs and opinions of Affinio.

10. Assumption of Risk. Unless prohibited by law, you assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your participation in any of the Interactive Areas.

11. DISCLAIMER. TO THE EXTENT NOT PROHIBITED BY LAW, THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND AFFINIO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, AFFINIO DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.

12. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, AFFINIO SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT NOT PROHIBITED BY LAW, AFFINIO SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT NOT PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, AFFINIO’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

YOU AND AFFINIO AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF AFFINIO AND ALL PARTIES TO ANY SUCH PROCEEDING.

13. Indemnification. You agree to indemnify, defend and hold harmless Affinio, its present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you and/or any false, infringing or misleading information that you submit to Affinio. Notwithstanding the foregoing, you shall not be obligated to indemnify Affinio for any act or omission of Affinio that constitutes negligence or breach of a duty imposed on Affinio by applicable law.

14. Third Party Rights. The provisions of paragraphs 11 (Disclaimer), 12 (Limitation of Liability) and 13 (Indemnification) are for the benefit of Affinio and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

15. Termination of Access. Affinio reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action Affinio deems appropriate. Affinio may discontinue any party’s participation in any of the Interactive Areas at any time for any reason or no reason.

16. Remedies for Violations. Affinio reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to the Website and any other Affinio websites and their features.

17. Governing Law and Jurisdiction. Unless otherwise required by applicable mandatory local law, these Terms of Use are governed as follows: (i) for users of the Website domiciled in any country other than the United States of America, these Terms of Use are governed by and construed in accordance with the internal law of the Province of Nova Scotia, Canada without reference to its principles of conflicts of laws, and any action arising out of or relating to these Terms of Use shall be filed only in the courts located in Halifax, Nova Scotia; and (ii) for users of the Website domiciled in the United States of America, these Terms of Use are governed by and construed in accordance with the internal law of the State of New York without reference to its principles of conflicts of laws, and any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in New York County, New York. You hereby consent and submit to the exclusive personal jurisdiction of the applicable courts set forth above for the purpose of litigating any such action.

18. Privacy. Your use of the Website is subject to Affinio’s Privacy Policy, which is available on the Website.

19. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Website, the Interactive Areas, and the Content and Postings. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.