Terms of Use

AFS Intercultural Programs
AFS Global Terms of Use

Updated January 6, 2016

1. Agreement to Terms
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

AFS Intercultural Programs, Inc. ("AFS", "we", or "us"), allows you access to and use of this website ("Website") subject to these terms of use (the "Terms"). This Website is a closed, non-public, password-protected site solely for use by AFS and AFS Network Organizations (as defined below) and their representatives. If you are not an authorized representative of AFS or an AFS Network Organization with your own AFS-issued account or access credentials (an “Authorized User”), you do not have permission to use this Website and should immediately cease any use or attempt to use the Website.

IF YOU ARE AN AUTHORIZED USER, TO USE THE WEBSITE, YOU MUST AGREE TO THESE TERMS. BY USING OR ACCESSING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF AFS OR AN AFS NETWORK ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT SUCH ENTITY ALSO AGREES TO THESE TERMS. IN ADDITION, WE MAY ASK YOU TO FURTHER ACKNOWLEDGE YOUR CONSENT AND AGREEMENT TO THE THESE TERMS, TO OUR CONFIDENTIALITY REQUIREMENTS, AND TO OUR PRIVACY POLICY AND OUR COLLECTION, USE AND SHARING OF CERTAIN PERSONAL INFORMATION, FOR EXAMPLE, BY REQUIRING YOU TO SIGN A SEPARATE AGREEMENT, CLICK “AGREE” OR TAKE SOME OTHER AFFIRMATIVE ACTION PRIOR TO YOUR ABILITY TO USE OR ACCESS CERTAIN PARTS OF OUR WEBSITE (“ADDITIONAL AGREEMENT”). "YOU" AND "YOUR" AS USED HEREIN WILL REFER TO YOU AND SUCH AFS NETWORK ORGANIZATION, BOTH INDIVIDUALLY AND COLLECTIVELY.

2. Language and Modification of Terms
These Terms have been written in English (US). To the extent any translated version of the Terms conflicts with the English version, the English version controls. We may amend these Terms from time to time. If we make material changes to the Terms, you may be asked to accept the Terms again upon entering the Website the first time after the Terms have been so changed. Any changes to these Terms will be effective immediately for new users of our Website and upon your accepting the new Terms or accessing/using the Website. Accepting the Terms or your continued use of the Website following the posting of such changed Terms on the Website shall indicate your acknowledgement of, and agreement to be bound by, such changes. The Website and the Services (defined below) may be modified over time as we add features or refine our products and services. We may stop, suspend, or modify the Website or the Services at any time without prior notice to you. We may also remove or edit any content on our Website or the Services, whether provided by us, or made available by you, at our sole discretion.

3. Note to International Users
RECOGNIZING THE GLOBAL NATURE OF THE INTERNET, USERS OF THE WEBSITE AND ITS SERVICES (DEFINED BELOW) AGREE TO COMPLY WITH ALL LOCAL LAWS AND RULES REGARDING ONLINE CONDUCT AND USE OF THE WEBSITE AND SERVICES. ALSO USERS AGREE TO COMPLY WITH ALL APPLICABLE LAWS REGARDING THE SUBMISSION OR TRANSMISSION OF TECHNICAL AND PERSONAL DATA AND CONTENT, INCLUDING DATA AND CONTENT THAT MAY BE EXPORTED FROM AND TO THE UNITED STATES. BY VISITING OUR WEBSITE AND USING ANY OF THE SERVICES, YOUR PERSONAL INFORMATION (AND ANY PERSONAL INFORMATION OF OTHERS THAT YOU DISCLOSE OR MAKE AVAILABLE) WILL BE PROCESSED IN ACCORDANCE WITH OUR PRIVACY POLICY ("PRIVACY POLICY"). SUCH PERSONAL INFORMATION MAY BE PROCESSED IN THE COUNTRY WHERE IT WAS COLLECTED, AS WELL AS IN COUNTRIES WHERE PRIVACY LAWS MAY BE LESS STRINGENT, INCLUDING THE UNITED STATES. BY USING THE WEBSITE OR THE SERVICES OR SUBMITTING ANY PERSONAL INFORMATION THROUGH THE WEBSITE OR SERVICES, YOU ARE EXPRESSLY CONSENTING TO THE COLLECTION, USE, PROCESSING, TRANSFER AND SHARING OF SUCH INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY. TO THE EXTENT YOU PROVIDE PERSONAL INFORMATION ABOUT A NAMED PERSON OR ENTITY THAT IS NOT YOU, YOU REPRESENT, WARRANT AND COVENANT THAT YOU HAVE THAT PERSON’S OR ENTITY'S CONSENT TO DO SO.

4. Certain Definitions
Terms: these terms of use that govern your access and use of the Website and its Services.

AFS: AFS Intercultural Programs, Inc., a non-profit, non-governmental organization incorporated under the laws of the State of New York, USA.

AFS Network Organizations: exchange organizations that are part of the AFS international network of exchange organizations, regulated by certain “Articles of Partnership.”

Website: the website located at www.afsglobal.org, governed by these Terms, designed for use solely by AFS, AFS Network Organizations, and their representatives. The Website is hosted by AFS. AFS Network Organizations and their representatives only have access to areas of the Website and the Services related to their specific operations and functions.

Services: all services provided to AFS Network Organizations on the Website.

Finance Module: the clearing mechanism available on the Website for payments between and among AFS Network Organizations. AFS Network Organizations and AFS enter credits and debits, many of which are automatically generated from AFS Global Link tools. Instead of making costly international wire transfers to pay for individual items (for often small amounts), the Finance Module allows you to record payments (either a net amount due to or due from an organization); payments are then settled four times a year.

Medical Module: The Medical Module allows AFS Network Organizations that are using the AFS Medical Insurance for customers to submit medical claims for the AFS Medical Insurance electronically for reimbursement. Claims are paid by the AFS Network Organizations to medical provider or reimbursed to participants or customers and then submitted to the claims administrator for approval. Once approved, AFS processes the reimbursement to the AFS Network Organization in the payment method indicated in the claims form. The Medical Module also allows to track claims' status and reimbursements.

User: means you, the individual accessing the Website and or using the Services, who must be an authorized representative of an AFS Network Organization, and each AFS Network Organization.

5. Website Overview
The main purpose of the Website and its database is to host a central list and repository of information about all intercultural exchange programs and participants, and to manage communication and information flow among AFS Network Organizations about AFS business activities, programs, finances and program participants.

6. Privacy
You must carefully review our full Privacy Policy , which is incorporated by reference herein, before deciding whether to become a User. The Privacy Policy lays out in detail our policy regarding the use, processing, transfer and storage of your information and any personal information about others that you provide. By using the Website, you agree to the terms and practices of the Privacy Policy. You also acknowledge that your submission of personal information about you or others, as well as data, photos, videos, statements or other content is done so voluntarily and with the consent of any applicable third parties.

7. Your Account and Security
AFS and AFS Network Organizations representatives require an account with access credentials (an “Account”). For new Users, we require you to provide information about yourself (such as identification or contact information) that will be used to create an Account. You agree that any such information and any information that you provide will always be correct, complete and kept up to date by you. You will be responsible for all activities that occur under your Account, even if you are not the one actually engaging in such activities, and therefore you agree to keep your unique login and password confidential. You are solely responsible for maintaining the confidentiality of your login and password. You must not create Accounts using false information or unauthorized means such as an automated device, bot, script, crawler, scraper or spider. We cannot and shall not be liable for any loss or damage arising from your failure to comply with these requirements. You agree to notify us immediately of any unauthorized use of your Account or if you believe that your login and password is no longer confidential. We reserve the right to require you to alter your login and/or password if we believe that your Account is no longer secure. You will not: (a) provide any false information as part of your Account information or in connection with the Website; (b) create an Account for anyone other than yourself; (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access other persons' Accounts.

You receive access only to sections of the Website that are relevant to your work. You shall not attempt to access areas of the Website that are not made available to you according to your access rights granted by AFS.

8. Payments & Finance Module Services
AFS Network Organizations will have access to a Finance Module for clearing/settlement (only inter-company transactions), invoices, and medical claims (where applicable) in connection with their AFS activities. Available currencies are US dollars and the Euro. AFS Network Organizations will be able to monitor their charges and consolidate payments and receivables. There will be four yearly clearing cycles set by AFS. The Medical Module using the AFS Medical Insurance allows AFS Network Organizations to enter their medical claims electronically. This helps eliminate duplicate or additional work for the involved AFS Network Organizations, claims administrator and AFS; thus making the whole process more effective for all parties concerned. Keeping track of claims' status and reimbursements is also made easier by this system. Claims are paid by the AFS Network Organizations to medical provider or reimbursed to customers and then submitted to the claims administrator for reimbursement through the Medical Module.

AFS is not a financial institution. The clearing facility is offered to its users without guarantee; the collection risk in particular remains with the organizations participating in the clearing system. Participation in the clearing system is voluntary, and participating organizations must accept and acknowledge the rules and conditions detailed in the AFS Board Policy on Payments and Clearing in the AFS Network available in the Network Governance section of the AFS Global Library.

9. Your User Content and Conduct
You understand that all information, data, personally identifiable information, text, images, video, audio, software, or other materials that you upload, post or otherwise make available on the Website or in the database, or privately transmit to another User or applicant or participant (“User Content”), are your sole responsibility and not AFS’s responsibility (other than in the treatment of certain data in compliance with its Privacy Policy). You represent and warrant that you have all necessary rights to upload, post, email, transmit or otherwise make available via the Website or any of the Services such User Content. You represent and warrant that you shall comply with all applicable laws, including without limitation, local laws in your jurisdiction, with respect to any upload, post, email, transmission or other communication or submission made by you via the Website or using any of the Services, including all User Content.

You agree that you will not solicit, collect, or use the login credentials of other Users of the Website or the Services and that you will not change, alter or modify the Website or the Services or change, alter or modify another website so as to falsely imply that it is associated with the Website or the Services or AFS. Notwithstanding the foregoing, Users with adminstrator rights may be authorized to use credentials of other Users to maintain and provide the Services.

You agree that you will not use any part of the Website or Services to:

a. upload, post, share, email, print, transmit, link to or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;

b. harm third parties in any way;

c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website or Services;

e. upload, post, print, email, transmit, link to or otherwise make available any User Content that you do not have a right to make available via the Website under any law or under contractual or fiduciary relationships;

f. upload, post, email, print, transmit, link to or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

g. upload, post, email, transmit, link to or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

h. upload, post, email, transmit, link to or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;

j. interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services;

k. intentionally or unintentionally violate any applicable local, state, national or international law;

l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

m. “stalk” or otherwise harass another;

n. collect or store personal data about other Users or third parties in contravention of the Privacy Policy;

o. offer the Services to any third party. You may not use or exploit any portion of the Website or Services to provide any commercial services to third parties other than through AFS.

You acknowledge, consent and agree that AFS may access, preserve, and disclose your Account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of AFS, their users and the public. You understand that the technical processing and transmission of the Website and Services, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Although AFS cannot monitor the conduct of its Users, it is also a violation of these Terms to use any information obtained from the Website or Services in order to harass, abuse, or harm another person.

You grant to AFS a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, perform and display any and all User Content (in whole or part) that you post or submit to the Website, and the right to incorporate the User Content in other works, in any form, media, or technology now known or later developed. The foregoing does not apply to personally identifiable information you submit, which is subject to our Privacy Policy. You represent and warrant that: (a) you have the right to grant the foregoing license and to post and submit the User Content; and (b) the User Content as posted and however used by AFS in accordance herewith will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights).

If you become aware of any abuse or misuse of the Website or Services by any person, please contact us at info@afs.org.

10. Content Removal
Every day many individuals and organizations post User Content and information via the Website. AFS reserves the right to edit, delete or remove any User Content for any reason, including violations of these Terms, or any applicable laws (including laws protecting the safety of others, intellectual property laws, and employment laws). Users who feel that their content has been removed in error may contact us here: info@afs.org. You may request that we delete any information or content that you have provided via the Website. However, we have no control over information previously shared with other Users or third parties.

11. Copyright Infringement Policy
AFS takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law (including, in the United States, the Digital Millennium Copyright Act), and we maintain a policy of terminating the Accounts of repeat offenders. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent.
The written notice must include substantially the following:

your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
a statement that the information in the written notice is accurate; and
a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

In writing: AFS Intercultural Programs
Attn: Legal Department
71 West 23r Street, floor 6
NYC, NY, 10010
USA
Email: info@afs.org

12. Ownership of Content and Intellectual Property Rights
AFS owns the Website and all Services and content therein (other than your User Content)

("Website Content") and all worldwide intellectual property rights relating to the foregoing. Except as expressly authorized by AFS, you may not copy, distribute, sell, lease, perform, display, sublicense, modify or prepare derivative works of the Website or Website Content, in whole or in part. AFS reserves all rights not expressly granted to you under these Terms. Any use of the Website not expressly permitted by these Terms will be deemed a breach of these Terms and may violate copyright, trademark, and other laws.

13. Trademarks
AFS and associated brands and designs are the trademarks of AFS. You must not use any such trademarks unless you have a valid, written agreement or understanding with AFS to do so. All third-party trademarks on the Website are the property of their respective owners.

14. Third-party information, links and websites
The Website and Services may provide, or third parties may provide, links to other web sites or resources. AFS has no control over third-party owned sites and resources, thus, you acknowledge and agree that AFS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that AFS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. These Terms and the Privacy Policy only apply to our Website and do not apply to any other sites or services. In addition, you have access via link on this Website to the AFS World Café. Though operated by AFS, AFS World Café is a publicly available site and has its own terms of use, which you must read and agree to prior to using AFS World Café.

The nature of the Website is one that contemplates that Users and third-parties (including other Users) will provide certain information that is stored or displayed on the Website. Your viewing and use of such third-party information and your interaction, correspondence or transactions with third parties while using the Website, offline or otherwise (collectively, "Third Party Interactions"), are solely between you and such third parties. You agree that AFS shall not be responsible or liable for any loss or damage of any sort incurred in connection with your Third Party Interactions or the presence of or ability to communicate or transact with such third parties via the Website or otherwise. AFS reserves the right (but is not obligated), to monitor, or take any action we deem appropriate regarding, disputes between you and third parties using the Website. To the extent permitted under applicable laws, you hereby release AFS from any and all claims or liability related to: (a) any User Content posted on the Website by you or third parties; (b) the conduct, whether online, offline or otherwise, of any third party or other User or (c) any of your Third Party Interactions. You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

15. Termination
You agree that AFS may in its sole discretion, without prior notice, immediately terminate your Account, any associated other Accounts, and your access to the Website and the Services for any reason or no reason. Potential causes for such termination include, but are not limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Website or Services (or any part thereof), and (d) unexpected technical or security issues or problems. Termination of your Account includes (i) removal of access to all offerings of the Services, (ii) deletion of your password, and (iii) barring further use of the Website and Services. Further, you agree that all terminations are made in AFS’s sole discretion, and that AFS shall not be liable to you or any third-party for any termination of your Account, any associated email address, or your access to the Website and Services.

16. Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. AFS MAKES NO WARRANTY THAT (i) THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND SERVICES WILL BE ACCURATE OR RELIABLE, and (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE AND SERVICES WILL MEET YOUR EXPECTATIONS.

c. USING ANY MATERIAL DOWNLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFS OR THROUGH OR FROM THE WEBSITE AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17. Limitation Of Liability
(A) YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.
(B) YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU IN CONNECTION WITH:

ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION POSTED ON THE WEBSITE;
ANY CHANGES THAT AFS MAY MAKE TO THE WEBSITE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;
YOUR FAILURE TO PROVIDE AFS WITH ACCURATE ACCOUNT INFORMATION; YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
ANY THIRD PARTY INTERACTION;
YOUR ACCEPTANCE OR REJECTION OF ANY INDIVIDUAL WITH RESPECT TO ANY PROGRAM;
YOUR SERVICES OR PARTICIPATION WITH RESPECT TO ANY PROGRAM; OR
ANY THIRD PARTY'S ACTIONS, OMISSIONS OR CONDUCT RELATED TO ANY PROGRAM.

THE LIMITATIONS ON AFS’S LIABILITY TO YOU IN THE ABOVE PARAGRAPHS SHALL APPLY WHETHER OR NOT AFS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. AFS’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE WEBSITE, WEBSITE CONTENT, ANY SERVICES, AND THESE TERMS WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS ($50 USD). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

Users who publish personal information of others or information regarding their organization via the Website must understand the risks they are exposing themselves to by sharing information and making it available via the Website. AFS is not responsible for damages caused by third-party information or data submitted or published by Users or the inappropriate use of such information by third parties or other Users. ??If you have a dispute with another individual or organization, you understand that AFS is not required to assist you in the dispute. You hereby agree to release AFS from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes or the use of the Website and the Services. You assume total responsibility and risk for your use of the Website and Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Website and the Services.

18. Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS DOCUMENT WILL APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

19. No Third Party Beneficiaries
YOU AGREE THAT THERE SHALL BE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT.

20. Indemnification
You and the AFS Network Organization that you represent agree to defend, indemnify and hold AFS and its subsidiaries, affiliates, officers, agents, consultants and employees harmless from all losses, liability, damages, costs and fees, including reasonable attorneys’ fees, arising out of a claim or demand made by any third party related to your access and use of the Website and the Services, your User Content, your violation of these Terms or the Privacy Policy, a breach of any representation or warranty made by you, or your violation of any laws or rights of another. For purposes of this Section, “affiliates” means, with respect to AFS, any person or entity directly or indirectly controlling, controlled by or under common control with AFS, and “control” means, the power, directly or indirectly, to direct or cause the direction of the management and policies of another, whether by the ownership of capital stock or voting interests, or otherwise. Notwithstanding the foregoing, and for the sake of clarity, an AFS Network Organization is not an affiliate of AFS for purposes of this Section.

21. Electronic Communications
For contractual purposes, you (a) consent to receive communications from AFS in an electronic form (whether we post notices on the Website or communicate with you via email); and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. Any notices to you from us may be made by either email or regular mail.

22. General Provisions
These Terms and the Privacy Policy constitute the final, complete, and exclusive agreement between you and AFS regarding the Website and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, between you and AFS (including, but not limited to, any prior versions of these Terms). These Terms and the resolution of any controversy or claim arising out of or related to these Terms or the Website ("Claim") shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and you agree that the venue with respect to any dispute between you and AFS will rest exclusively in the state and federal courts of New York County, New York. AFS’s failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. All waivers will be effective only if in writing. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. You acknowledge that the Website and Website Content contains valuable trade secrets and proprietary information of AFS, that any actual or threatened breach of the Section entitled "Ownership of Content and Intellectual Property Rights" will constitute immediate, irreparable harm to AFS for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The section headings in these Terms are for convenience only and have no legal or contractual effect. "Includes" and "including" are not limiting. Regardless of any statute or law to the contrary, you hereby waive your right to bring any Claim against AFS more than 1 year after such Claim first arose.