END-USER LICENSE AGREEMENT
IMPORTANT. READ THE ENTIRE DOCUMENT TO THE BOTTOM OF THIS PAGE!
By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be bound by the terms of this END-USER LICENSE AGREEMENT (“Agreement”) and to comply with all applicable local, state and federal laws and regulations. If you do not agree to all of the terms and conditions of this Agreement do not use this site.
“AFC INTERNATIONAL” shall mean AFC International, LLC, all parent, sibling, subsidiary or affiliated entities, its shareholders, officers, directors, agents, employees, and assigns. “Site” shall mean the Internet site located at https://www.afcinternationalllc.com. “User” shall mean any person or entity that accesses or uses the Site in any manner.
CONDITIONS OF USE
The information, text, graphics provided in this Site are offered solely as a convenience to our customers and home page visitors. Although AFC INTERNATIONAL believes it has made reasonable efforts to include accurate, complete and current information on this Site, this Site may contain technical inaccuracies or typographical errors and changes are made to this Site and to the products and services of AFC INTERNATIONAL from time to time. AFC INTERNATIONAL makes no warranties or representations regarding the accuracy or completeness of the information. It is your responsibility to verify the information before relying on it. AFC INTERNATIONAL reserves the right to make changes to the content of this web site without prior notice.
User is granted a nonexclusive, nontransferable limited license to view, copy, print, and distribute all or any part of this Web site for internal, informational and non-commercial purposes within your organization, provided that each copy of material contains copyright notice. No other use of any of the content of this Site is permitted without the express written consent of AFC INTERNATIONAL. The trademarks and service marks used or displayed on this site are registered and unregistered trademarks of AFC INTERNATIONAL. Nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, to User a license under any copyright, trademark, patent or other intellectual property right of AFC INTERNATIONAL without the express written permission of AFC INTERNATIONAL. AFC INTERNATIONAL expressly reserves all intellectual property rights it may possess in products, processes or technology that appear on this Site or any other AFC INTERNATIONAL. Web site. Further AFC INTERNATIONAL reserves all other rights not expressly granted or addressed in this Agreement.
DISCLAIMER OF WARRANTY
THE INFORMATION, SOFTWARE OR OTHER MATERIAL ON OR ACCESSIBLE FROM THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXPECTATION OF PRIVACY AND NONINFRINGEMENT OR ANY WARRANTY THAT THIS SITE WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AFC INTERNATIONAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND OR NATURE ARISING OUT OF USER’S ACCESS, USE OR INABILITY TO USE THIS WEB SITE, WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR OTHER WRONGFUL CONDUCT OR ANY OTHER LEGAL THEORY, EVEN IF AFC INTERNATIONAL, LLC HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
As part of the normal operation of this Site, AFC INTERNATIONAL receives names, e-mail addresses or other personal or business information submitted by Users. This information is not gathered by AFC INTERNATIONAL without the knowing, active permission and participation of User. In addition, in order to safeguard the Site as well as you the User, AFC INTERNATIONAL tracks the IP addresses of Users. Some of this information may be disclosed to third parties or used by AFC INTERNATIONAL or third parties. Any information sent to AFC INTERNATIONAL through or as a result of this Site is provided without restriction or obligation on AFC INTERNATIONAL. AFC INTERNATIONAL assumes no obligation to protect such information from disclosure. AFC INTERNATIONAL may use this information and any ideas, concepts, know-how or techniques contained in the information that User sends us for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services incorporating such information.
AFC INTERNATIONAL may use Facebook, Google, Pinterest, Twitter and other retargeting pixels and tracking and retargeting technologies. This technology makes it possible to address those Users who have already expressed an interest in products on the Site with corresponding advertisements on the websites of the partners. The insertion of such advertising material on the pages of the partners will be made on the basis of a cookie technology and an analysis of the previous usage behavior. This form of advertising will be made in a completely pseudonymised manner. It will not include the storage of personal data, nor will usage profiles with your personal data be combined in this context. It will be used to collect or receive information from the Site and elsewhere on the internet and use that information to provide measurement services and ad targeting. Users can find information on how to opt-out of the collection and use of information on ad targeting at www.aboutads.info/choices.
AFC INTERNATIONAL participates in Facebook Custom Audiences. User may opt out of participation in our Facebook Custom Audience by sending an email, from the email address you are opting out of, to the email address provided in our contact information. We will forward your name and email address to Facebook.com with a request to delete you from all of our Facebook Custom Audience Ads.
AFC INTERNATIONAL uses the Pinterest tag or pixel to perform conversion tracking and audience targeting. User information will be shared with third parties to measure advertising effectiveness and targeted advertising. You can opt out through your browser’s Do Not Track feature or your Pinterest personalization settings.
AFC INTERNATIONAL participates in the Twitter Conversion Tracking Program under the Twitter Ads Program. As part of these Twitter programs, AFC INTERNATIONAL works with third parties to collect User data through the Site or mobile applications for purposes of serving ads targeted to User interests. In the case of Conversion Tracking on the Site, Users may opt out of interest-based advertising through the Do Not Track functionality in their web browser, or through such other methods as Twitter may specify from time to time at https://support.twitter.com/articles/20170405 (or any successor url).
YOUR ACCOUNT, PASSWORD AND SECURITY
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, account or password, and you agree to accept responsibility for all activities that occur under your account or password. AFC INTERNATIONAL reserves the right to refuse service or terminate accounts in its sole discretion. You agree to immediately notify AFC INTERNATIONAL of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. AFC INTERNATIONAL is not liable for any loss or damage arising from User’s failure to comply with this section or any other provision of this Agreement.
RELATIONSHIP OF THE PARTIES
AFC INTERNATIONAL and User are independent contractors. Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship unless explicitly agreed to in writing by AFC INTERNATIONAL.
CHANGES OR MODIFICATIONS
AFC INTERNATIONAL reserves the right, at its sole discretion, to change, modify, add, remove or amend the existing terms and conditions of this Agreement in whole or in part at any time. Any such changes or amendments shall be effectively immediately upon being posted on the Site. The continued use by User of the Site will be deemed User’s express agreement to the amended or changed terms and conditions.
AFC INTERNATIONAL may, but shall have no obligation to, add new functions or features to the Site or make new services available to User. AFC INTERNATIONAL may terminate, change, suspend or discontinue any aspect of the Site, including the availability of or any features of the Site, at any time.
AFC INTERNATIONAL may, in its sole discretion, terminate this Agreement at any time or upon a breach of this Agreement by User. Upon such termination, User shall immediately destroy any materials obtained from this Site and all copies thereof, whether made pursuant to the terms of this Agreement or otherwise.
User shall keep in confidence and shall not disclose to any third parties any non-public information that may be disclosed to User in connection with the use of the Site under this Agreement or otherwise. User shall not use the name of AFC INTERNATIONAL or in any publicity release, advertising or otherwise without the prior written approval of AFC INTERNATIONAL. This provision shall survive the termination of this Agreement.
User agrees that it will indemnify, defend and hold harmless AFC INTERNATIONAL, from and against any and all liabilities, damages, losses, costs, and expenses, including reasonable attorney fees, arising out of, resulting from or in any way related to use by User of the Site or User’s breach of this Agreement.
Entirety of Agreement. This Agreement represents the entire understanding of the parties and cannot be amended except in writing signed by both parties. All prior discussions, understandings, negotiations, or agreements are merged herein. All prior oral or written agreements between the parties are hereby canceled.
Assignment. This Agreement may not be assigned by User without first obtaining the written approval of AFC INTERNATIONAL.
Choice of Law and Venue. The laws of the State of Ohio will govern the interpretation, validity and effect of this Agreement as such laws are applied to agreements entered into and to be performed entirely within the State of Ohio. Unless otherwise agreed in writing by AFC INTERNATIONAL, User agrees that any legal action resulting from a dispute over this Agreement shall be heard before the Court of Common Pleas, Clinton County, Ohio, or, if applicable, the United States District Court for the Southern District of Ohio. In the event AFC INTERNATIONAL is the prevailing party in any such litigation it shall be entitled to recover its reasonable costs, including attorney fees, incurred in such litigation.
Divisibility. If any provision of this Agreement is held by any court or arbitrator to be null and void or unenforceable for any reason, such determination shall not affect the remaining portions of this Agreement, which shall remain in full force and effect in accordance with its terms and conditions.
No Waiver. Any waiver of any provision, term or condition of this Agreement shall not be construed or deemed to be a waiver of any other such provision, term or condition of this Agreement, nor a waiver of a subsequent breach or the same provision or condition, unless such waiver is expressed in writing by AFC INTERNATIONAL.
Survival of Covenants. The covenants and agreements contained in this Agreement are and shall be binding on, and shall inure to the benefit of, the Parties hereto and their officers, directors, shareholders, employees, successors and assigns. Further, all obligations arising prior to the termination or expiration of the Agreement allocating responsibility or liability between AFC INTERNATIONAL and User shall survive the termination or expiration of this Agreement.
Headings. The paragraph headings set forth herein are for reference only and not to be considered a part of or a term or condition of this Agreement.
This document was last updated on May 2, 2017