Terms & Conditions
TERMS AND CONDITIONS OF USE
to affordablerto.com and/or its affiliates (the "Company") provide
website features and other products and services to you when you visit or shop
at the Company’s
website, use the Company’s products
or services, use the
Company’s applications for mobile, or use
software provided by the Company in connection with any of the foregoing
(collectively, "Company Services"). The Company provides the Company
Services subject to the following conditions.
Company Services, you agree to these conditions. Please read them carefully.
offer a wide range of Company Services, and sometimes additional terms may
apply. When you use a Company Service (for example, Your Profile, Gift Cards,
etc.) you also will be subject to the guidelines, terms and agreements
applicable to that Company Service (the "Service Terms"). If these
Conditions of Use are inconsistent with the Service Terms, those Service Terms
review our Privacy Notice, which also governs your use of Company Services, to
understand our practices.
you use Company Services, or send e-mails, text messages, and other
communications from your desktop or mobile device to us, you may be
communicating with us electronically. You consent to receive communications
from us electronically, such as e-mails, texts, mobile push notices, or notices
and messages on this site or through the other Company Services, and you can
retain copies of these communications for your records. You agree that all
agreements, notices, disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
content included in or made available through any Company Service, such as
text, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations, and software is the property of the Company or its content
suppliers and protected by United States and international copyright laws. The
compilation of all content included in or made available through any Company
Service is the exclusive property of the Company and protected by U.S. and
international copyright laws.
addition, graphics, logos, page headers, button icons, scripts, and service
names included in or made available through any Company Service are trademarks
or trade dress of the Company in the U.S. and other countries. The Company's
trademarks and trade dress may not be used in connection with any product or
service that is not the Company's, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits the
Company. AFFORDABLE SALES AND RENTALS is a registered trademark of the Company.
All other trademarks not owned by the Company that appear in any Company
are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by the Company.
LICENSE AND ACCESS
to your compliance with these Terms and Conditions of Use, the Company or its
content providers grant you a limited, non-exclusive, non-transferable,
non-sublicensable license to access and make personal and non-commercial use of
the Company Services. This license does not include any resale or commercial
use of any Company Service, or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of any Company
Service or its contents; any downloading, copying, or other use of account
information for the benefit of any third party; or any use of data mining,
robots, or similar data gathering and extraction tools. All rights not
expressly granted to you in these Conditions of Use or any Service Terms are
reserved and retained by the Company or its licensors, suppliers, publishers,
rightsholders, or other content providers.
Company Service, nor any part of any Company Service, may be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of the Company. You may not
frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of the
Company without express written consent. You may not use any meta tags or any other
"hidden text" utilizing the Company's name or trademarks without the
express written consent of the Company. You may not misuse the Company
Services. You may use the Company Services only as permitted by law. The
licenses granted by the Company terminate if you do not comply with these
Conditions of Use or any Service Terms.
may need your own Company account to use certain Company Services, and you may
be required to be logged in to the account and have a valid payment method
associated with it. You are responsible for maintaining the confidentiality of
your account and password and for restricting access to your account, and you
agree to accept responsibility for all activities that occur under your account
The Company respects the intellectual property of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please follow our Notice and Procedure for Making
Claims of Copyright Infringement.
RISK OF LOSS
purchases of physical items from the Company are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.
Company attempts to be as accurate as possible. However, the Company does not
warrant that product descriptions or other content of any Company Service is
accurate, complete, reliable, current, or error-free. If a product offered by
the Company itself is not as described, your sole remedy is to return it in
Price" means the suggested retail price of a product as provided by a
manufacturer, supplier, or seller. With respect to items sold by the Company,
we cannot confirm the price of an item until you order it. Despite our best
efforts, a small number of the items in our catalog may be mispriced. If the
correct price of an item sold by the Company is higher than our stated price,
we will, at our discretion, either contact you for instructions before shipping
or cancel your order and notify you of such cancellation. Other merchants may
follow different policies in the event of a mispriced item.
generally do not charge your credit card until after your order has entered the
shipping process or, for digital products, until we make the digital product
available to you.
you use apps created by the Company, such as the Company App, you may grant
certain permissions to us for your device. Most mobile devices provide you with
information about these permissions.
SANCTIONS AND EXPORT POLICY
may not use any Company Service if you are the subject of U.S. sanctions or of
sanctions consistent with U.S. law imposed by the governments of the country
where you are using Company Services. You must comply with all U.S. or other
export and re-export restrictions that may apply to goods, software (including
Company Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
COMPANY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE COMPANY SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS"
AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE COMPANY SERVICES, OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES, UNLESS OTHERWISE
SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY SERVICES
IS AT YOUR SOLE RISK.
FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT
WARRANT THAT THE COMPANY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THE COMPANY SERVICES, COMPANY'S SERVERS OR ELECTRONIC
COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMPANY SERVICE,
OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMPANY SERVICE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
dispute or claim relating in any way to your use of any Company Service, or to
any products or services sold or distributed by Company or through Company.com
will be resolved by binding arbitration, rather than in court, except that
you may assert claims in small claims court if your claims qualify. The Federal
Arbitration Act and federal arbitration law apply to this agreement.
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 the terms of these Conditions of Use as a
begin an arbitration proceeding, you must send a letter requesting arbitration
and describing your claim to our registered agent, Judy May. The arbitration
will be conducted by the American Arbitration Association (AAA) under its
rules, including the AAA's Supplementary Procedures for Consumer-Related
Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing,
administration and arbitrator fees will be governed by the AAA's rules. We will
reimburse those fees for claims totaling less than $10,000 unless the
arbitrator determines the claims are frivolous.
the Company will not seek attorneys' fees and costs in arbitration unless the
arbitrator determines the claims are frivolous. You may choose to have the
arbitration conducted by telephone, based on written submissions, or in person
in the county where you live or at another mutually agreed location.
each agree that any dispute resolution proceedings will be conducted only on an
individual basis and not in a class, consolidated or representative action. If for any
reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
We also both agree that you or we may bring suit in court to enjoin
infringement or other misuse of intellectual property rights.
using any Company Service, you agree that the Federal Arbitration Act,
applicable federal law, and the laws of the State of Arizona, without regard to
principles of conflict of laws, will govern these Conditions of Use and any
dispute of any sort that might arise between you and the Company.
SITE POLICIES, MODIFICATION,
policy, posted on this site. These policies also govern your use of Company
Services. We reserve the right to make changes to our site, policies, Service
Terms, and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void, or for any reason
that condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
The following terms
(“Software Terms”) apply
to any software (including any updates or upgrades
to the software) and any related documentation we make available to you in
connection with Company Services (the "Company Software").
Use of the
Company Software. You may use Company Software solely for purposes of
enabling you to use the Company Services as provided by Company, and as
permitted by these Conditions of Use and any Service Terms. You may not
incorporate any portion of the Company Software into other programs or compile
any portion of it in combination with other programs, or otherwise copy (except
to exercise rights granted in this
section), modify, create derivative works of, distribute, assign any rights to,
or license the Company Software in whole or in part. All software used in any
Company Service is the property of Company or its software suppliers and is
protected by United States and international copyright laws.
Use of Third
Party Services. When you use the Company Software, you may also be using
the services of one or more third parties, such as a wireless carrier or a
mobile software provider. Your use of these third party services may be subject
Engineering. You may not reverse engineer, decompile or disassemble, tamper
with, or bypass any security associated with the Company Software, whether in
whole or in part.
We may offer automatic or manual updates to the Company
Software at any time and without notice to you.
Users. If you are a U.S. Government end user, we are licensing the
Company Software to you as a "Commercial Item" as that term is
defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and
the rights we grant you to the
Company Software are the same as the rights we grant to all others under these
Conditions of Use.
Conflicts. In the event
of any conflict between these Conditions of Use and any other Company or third-party terms applicable to any portion
of Company Software,
such as open-source license
terms, such other terms will control as to that portion of the Company Software
and to the extent of the conflict.
SALES AND RENTALS has
attempted to provide accurate information and materials on this Web site but
assumes no responsibility for the accuracy and completeness of that information
SALES AND RENTALS may
change the content of any information or materials available at this Web site,
or to the products described in them, at any time without notice. However, AFFORDABLE SALES AND RENTALS makes no commitment to update the
information or materials on this Web site which, as a result, may be out of
date. Information and opinions expressed in bulletin boards or other forums are
not necessarily those of AFFORDABLE SALES
AND RENTALS. Neither AFFORDABLE SALES AND RENTALS, nor its officers, directors,
agents, distributors, or affiliates are responsible or liable for any loss
damage (including, but not limited to, actual, consequential, or punitive),
liability, claim, or other injury or cause related to or resulting from any
information posted on AFFORDABLE SALES AND
RENTALS web site. affordablerto.com
reserves the right to revise these terms and/or legal restrictions at any time.
You are responsible for reviewing this page from time to time to ensure
compliance with the then-current terms and legal restrictions because they will
be binding on you. Certain provisions of these terms and legal restrictions may
be superseded by expressly designated legal notices or terms located on
particular pages of this Web site. ALL INFORMATION AND MATERIALS AVAILABLE AT
THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, AND AFFORDABLE
SALES AND RENTALS DISCLAIMS
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE
PRACTICE. IN NO EVENT SHALL AFFORDABLE SALES
AND RENTALS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE
OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS OR
INFORMATION CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON
THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Notice and Procedure for Making Claims of Copyright
you believe that your work has been copied in a way that constitutes copyright
infringement, please submit your complaint using our online form. We respond
quickly to the concerns of rights owners about any alleged infringement.
you prefer to submit a report in writing, please provide us with this
A physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has
been infringed upon;
A description of where the material that you claim is
infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a
good-faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
A statement by you, made under penalty of perjury, that
the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
Company's Copyright Agent for notice of claims of copyright infringement on its
site can be reached as follows:
note that this procedure is exclusively for notifying the Company that your
copyrighted material has been infringed.