AFFcelerator Terms and Conditions of Use and Sale

Last Updated: January 15, 2019

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND SALE BEFORE ACCESSING, USING, OR MAKING A PURCHASE OVER WWW.CHARLESNGO.COM OR WWW.LEADGENENGINE.NET.  THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 9 - 11).  

The use of www.charlesngo.com and www.leadgenengine.net (hereafter “Websites”), which are owned and maintained by AFFcelerator, LLC (“AFFcelerator,” “we,” “our,” “us”), is governed by the terms and conditions set forth below.  We offer the Websites, including all information, tools, and services to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or making a purchase over the Websites, you agree to the terms set forth herein.  If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Websites.

THIS IS A BINDING AGREEMENT.  THESE TERMS AND CONDITIONS OF USE AND SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU”) AND AFFCELERATOR.  THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITES AND THE SERVICES PROVIDED BY AFFCELERATOR, ANY ORDER YOU PLACE, AND YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 12. 

AFFcelerator reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Websites.  It is your responsibility to check this page periodically for changes.  You can find the most recent version of these Terms at INSERT LINK.  Use of either Website after such changes constitutes acceptance of such changes.  

Table of Contents:

1. Website Use
2. Website User Conduct and Restrictions
3. Our Privacy Policy and Your Personal Information
4. Information You Provide; Registration; User Names and Passwords
5. Qualifications for Certain Educational Programs; Order Placement and Acceptance; Method of Payment; Refunds
6. Shipping Fees
7. Products, Services, and Prices Available on the Websites
8. Testimonials and Review
9. DISCLAIMER
10. DISCLAIMER OF OTHER WARRANTIES
11. LIMITATIONS OF LIABILITIES
12. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
13. AFFcelerator’s Additional Remedies
14. Indemnification
15. Notice and Takedown Procedures; Copyright Agent
16. Third-Party Links
17. Termination
18. No Waiver
19. Governing Law and Venue
20. Force Majeure
21. Electronic Signature
22. Changes to the Agreement
23. Your Additional Representations and Warranties
24. Severability
25. Entire Agreement
26. Contacting Us

SECTION 1 – WEBSITE USE 

The Websites are intended for adults only.  In order to use the Websites, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us.  The Websites are not intended for children and no person under the age of 18 may use the Websites. If you use the Websites, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS

All aspects of our Websites are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, educational materials, design elements, text material, logos, taglines, metatags, hashtags, photographic images, video and audio clips, and downloads.  No material on or provided through the Websites may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The AFFcelerator and Lead Gen Engine trademarks and logos, and all derivations of same, are proprietary marks of AFFcelerator, and the use of those marks is strictly prohibited.  Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by AFFcelerator.

Subject to your continued strict compliance with all Terms, AFFcelerator provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Websites.  You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

You agree not to use or attempt to use the Websites in any unlawful manner.  You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Websites including, but not limited to: (1) hacking and other digital or physical attacks on the Websites; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information.  Your submission of personal information through the Websites is governed by our Privacy Policy.  Our Privacy Policy may be viewed here.  AFFcelerator reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time.  Our Privacy Policy is incorporated into this Agreement by reference.

SECTION 4 INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS

If you are qualified to participate in AFFcelerator’s educational programs, or if you otherwise make a purchase or sign up through the Websites, you will be required to create an account with AFFcelerator.  You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your AFFcelerator user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party.  You are fully responsible for all transactions with, and information conveyed to, AFFcelerator under your user account. You agree to immediately notify AFFcelerator of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that AFFcelerator is not liable, and you will hold AFFcelerator harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.  Please see Section 14 below for additional information.

SECTION 5 – QUALIFICATIONS FOR CERTAIN EDUCATIONAL PROGRAMS; ORDER PLACEMENT AND ACCEPTANCE; METHOD OF PAYMENT; REFUNDS

Some of AFFcelerator’s educational programs are offered only to affiliate marketers who meet specific selection criteria established by AFFcelerator.  This is because these educational programs are designed for affiliate marketers who are serious about improving the quality of their business and who already have the resources to do so after the educational program concludes.  If you apply for one of these programs, AFFcelerator will conduct its own internal review of your application, and may also require you to participate in at least one telephonic interview, in order to determine whether you satisfy the selection criteria.  You understand and agree that AFFcelerator retains sole and exclusive discretion to determine whether you qualify for participation in any of AFFcelerator’s educational programs. 

The Websites may also offer written and video materials as well as other products and services for purchase.  You agree that you will not re-sell, re-distribute, or export any product or service that you order from the Websites.

If you are applying for one of our affiliate marketer workshops or ordering a product or service, the payment amount specified at the time of your application or order must be received by AFFcelerator before your application or order is accepted.  We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order.  You must contact us as soon as possible at support@affcelerator.com immediately in order to modify or cancel your pending order.  We cannot guarantee that we will be able to amend or cancel your order in accordance with your instructions.

We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, your payment will be refunded to the card provided at the time of checkout.

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.  The affiliate marketer workshops are subject to additional terms, which must be agreed to by you at the time you submit your application.  All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product.  If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order.  

AFFcelerator does not accept product orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Websites.  

We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

All advertised prices are in, and all payments shall be in, U.S. Dollars.

Refunds:  Certain products and services that we offer are subject to their own unique refund periods and terms, which are provided to you at the time of your purchase of those products and services.  Unless otherwise specified at the time of purchase, AFFcelerator will provide you with a refund of your purchase within fourteen (14) days of the date of your purchase. To request a refund, please send us an e-mail at support@affcelerator.com.

SECTION 6 – SHIPPING FEES

When we ship a product to you, we reserve the right to add applicable shipping and handling fees to your order as applicable.  Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order.  Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change.  You further understand that product availability may be limited and particular products may not be available for immediate delivery. If your order will be delayed, we will contact you at the e-mail or street address you provided when placing your order.  If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us.  The risk of loss and title for such items pass to you upon our delivery to any third party carrier. 

SECTION 7 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITES

AFFcelerator reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you.  

AFFcelerator takes reasonable steps in an effort to ensure that the prices set forth on the Websites are correct, and to accurately describe and display the items available on the Websites.  If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

When ordering products, please note that AFFcelerator does not warrant that product or service descriptions are accurate, complete, current, or error-free.  

SECTION 8 – TESTIMONIALS AND REVIEWS 

AFFcelerator is pleased to hear from workshop participants and customers and welcomes your comments regarding our services and products.  AFFcelerator may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it.  Testimonials may be used for any form of activity relating to AFFcelerator’s services or products, in printed and online media, as AFFcelerator determines in its sole and exclusive discretion.  Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products.  Your results will vary depending upon a variety of factors unique to you, your business, and market forces beyond AFFcelerator’s control.

Anything that you submit or post to the Websites and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions.  

Additionally, AFFcelerator reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use.  AFFcelerator shall be under no obligation to use any, or any part of, any testimonial or product review submitted. 

SECTION 9 – DISCLAIMER

After reviewing our marketing materials and Websites – your net impression should be clear:  we offer affiliate marketer education. Those who purchase our workshops, products, or services will be taught and provided information regarding techniques and strategies which have been successful for others.  However, we do not guarantee your success and based upon many market factors that we cannot control, techniques and strategies we teach may or may not be applicable to your specific affiliate marketing business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our techniques, strategies, or information will make you any specific amount of money, and it is possible that you will not earn your investment back.  We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not apply for or purchase an affiliate marketer workshop or other products or services if that is your expectation. Instead, you should purchase with the understanding that implementing the techniques and strategies taught will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice.  You should consult your own accountant, attorney, or financial advisor for advice on these topics.

To find out more information about how to apply for an affiliate marketer workshop, please click here.

SECTION 10 – DISCLAIMER OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY:  

THE WEBSITES AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITES.  WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITES WILL BE CORRECTED, OR (F) THE WEBSITES OR THE SERVER(S) THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 11 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, IN NO EVENT SHALL AFFCELERATOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSORS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE WORKSHOPS, OTHER EDUCATIONAL PROGRAMS, PRODUCTS, OR SERVICES, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITES OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER AFFCELERATOR HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS.  THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL AFFCELERATOR’S LIABILITY TO YOU EXCEED ONE THOUSAND DOLLARS ($1,000.00). 

SECTION 12 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS.  EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION.  YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.  YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.  HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at support@affcelerator.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Websites, any workshop, educational program, training, product, or service, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof.  We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in Sections 13 and 14 below. The arbitration will be conducted by a single neutral arbitrator in the English language in the city of Miami, Florida, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Mediation Procedures, in effect at the time of submission of the demand for arbitration.  The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or AFFcelerator.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.  In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles.  Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and AFFcelerator agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party.  You and AFFcelerator expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.  

This provision survives termination of your account or relationship with AFFcelerator, bankruptcy, assignment, or transfer.  If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply.  If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.  

SECTION 13 – AFFCELERATOR’S ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to AFFcelerator, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of AFFcelerator or a third-party, AFFcelerator shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Miami, Florida restraining such breach, threatened breach, infringement, or threatened infringement.  Nothing in this Agreement shall be construed as prohibiting AFFcelerator from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Miami, Florida for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. 

SECTION 14 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless AFFcelerator, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Websites, (2) information you submit or transmit through the Websites, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 15 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

If you believe that materials or content available on the Websites infringes any copyright you own, you or your agent may send AFFcelerator a notice requesting that AFFcelerator remove the materials or content from the Websites.  If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send AFFcelerator a counter-notice. Notices and counter-notices should be sent to AFFcelerator, 199 E. Flagler St., #398, Miami, FL 33131 and support@affcelerator.com.

SECTION 16 – THIRD-PARTY LINKS

The Websites may contain links to other websites.  AFFcelerator assumes no responsibility for the content or functionality of any non-AFFcelerator website to which we provide a link.  Please see our Privacy Policy for more details.

SECTION 17 – TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “FREE INSTANT ACCESS,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through either Website, respond to a request for information, begin installing, accessing, or using either Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest.  If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Websites at any time without notice to you. Sections 8 through 14, 16, and 18 through 25 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with AFFcelerator.

SECTION 18 – NO WAIVER

No failure or delay on the part of AFFcelerator in exercising any right, power, or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, powers, or remedies under this Agreement.  A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by AFFcelerator.

SECTION 19 – GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Websites, our Privacy Policy, or any matter concerning AFFcelerator, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Florida without regard to its conflicts of laws principles.  To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 12 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Miami, Florida, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.  All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

SECTION 20 – FORCE MAJEURE

AFFcelerator will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.  

SECTION 21 – ELECTRONIC SIGNATURE

All information communicated on the Websites is considered an electronic communication.  When you communicate with AFFcelerator through or on the Websites or via other forms of electronic media, such as e-mail, you are communicating with the company electronically.  You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.  

SECTION 22 – CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time here.  We reserve the right, at our sole discretion, to update, change, or replace any part of the Agreement, including these Terms and the Privacy Policy, by posting updates and changes to our Websites.  It is your responsibility to check our Websites periodically for changes.  Your continued use of or access to our Websites following the posting of any changes to the Agreement constitutes acceptance of those changes.  Unless accepted by AFFcelerator in writing, these terms and conditions may not be amended by you.

SECTION 23 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not re-sell, re-distribute, or export any product or service that you order from the Websites.  You further represent that AFFcelerator has the right to rely upon all information provided to AFFcelerator by you, and AFFcelerator may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Websites.

SECTION 24 – SEVERABILITY 

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 25 – ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Websites or in respect to the Websites constitutes the entire agreement and understanding between you and AFFcelerator and governs your access to and use of the Websites and your ordering, purchasing and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and AFFcelerator.  Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 26 – CONTACTING US

We encourage you to contact us with questions or comments about our products and services.  Please feel free to do so by sending an e-mail to support@affcelerator.com. 

If you have any questions or inquiries concerning any of the Terms, you may contact AFFcelerator by e-mail at support@affcelerator.com, or by regular mail at

AFFcelerator, LLC199 E. Flagler St., #398
Miami, Florida 33131


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