Affinity Express will provide ad production, marketing material design, interactive design services, document creation services, embroidery digitizing services, artwork creation services, logo creation services, image editing services, order management/entry services and/or digital archiving services to you during the term of this agreement as ordered by and delivered to your organization (the “Services”). You may submit orders online or through other methods that may be made available to you from time to time. Any such submission constitutes a valid and binding order.
You will be billed per the published price list. For non-subscription plans, Affinity Express may change its published prices quarterly upon 30-day notice. For subscription plans, Affinity Express may change its published prices annually upon 90-day notice.
Affinity Express invoices for orders after they are emailed to you or uploaded to your Affinity Express online storage area. At the time of invoicing your credit card will be charged for the price of the order.
Credit Card Authorization
Affinity Express will authorize your credit card for $1 for validation purposes. The authorization is not a charge and will be removed from your statement within one billing cycle. Periodically Affinity Express will resubmit your card for the $1 authorization to validate that the credit card is still valid. Once again the $1 authorization will be removed from your statement within one billing cycle.
Licensing Affinity Express Tools
From time to time, Affinity Express may provide you with certain forms, templates, models and support guides to help you with marketing, selling and ordering our services or supporting your customers. Affinity Express retains all rights of ownership of these tools in both their original and any modified format. The use of these tools is granted to you in a nonexclusive, non-transferable license. You may not use these tools in any way associated with products or services sold to you or your customers by any other outsourced graphic design or advertising and marketing production service. You agree to return all licensed tools upon termination of this agreement.
Any confidential information you provide to us will not be disclosed to anyone other than our employees and contractors where necessary to provide our services to you except as required by a governmental agency or law. You will not disclose to anyone other than your employees any confidential information we provide to you except as required by a governmental agency or law.
LIMITATION OF WARRANTY AND LIABILITY
Limitation of Warranty. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, AFFINITY EXPRESS PROVIDES THE LICENSED TOOLS, ANY DERIVATIVE WORKS, AND SERVICES ON AN “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATING TO ANY OF THE LICENSED TOOLS, ANY DERIVATIVE WORK, OR ANY USE OF ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WHATSOEVER AS TO THE FITNESS FOR A PARTICULAR USE OR THE MERCHANTABILITY OF SUCH DOCUMENTS.
IN NO EVENT SHALL AFFINITY EXPRESS BE LIABLE TO LICENSEE OR ANY OF LICENSEE’S CUSTOMERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF AFFINITY EXPRESS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
TERM AND TERMINATION
Term. This agreement shall remain in effect until terminated.
Termination. This Agreement shall automatically terminate if you shall not have cured your material breach of this Agreement within thirty days of having received from Affinity Express a notice identifying and describing such breach. You may terminate this agreement on 180 days written notice. If you are on a subscription plan, you may, in addition, terminate this agreement on 55-day notice within five (5) days of receiving annual price increases.
All notices must be in writing.
This agreement is governed by the laws of the State of Illinois.
Your obligation to pay for services provided survives this agreement. Both your obligation and our obligation to confidentially survive this agreement for a period of one year.
The parties hereto are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between such parties. Licensee may not assign its rights or obligations under this Agreement without the prior express written consent of Affinity Express. This Agreement shall be binding upon the successors and permitted assigns of the parties hereto. All questions concerning the validity, operation, interpretation, and construction of this Agreement will be governed by and determined in accordance with the laws of the State of New York. This Agreement may be amended or supplemented only by a subsequent writing that specifically refers to this Agreement and is signed by all parties, and no other act, document, usage, or custom shall be deemed to amend or supplement this Agreement.
When you visit www.affinityexpress.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. 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.
All content provided on this site is owned by or licensed to Affinity Express and protected by United States and international copyright laws. Affinity Express retains all proprietary rights to the Affinity Express content. The Affinity Express content (including but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, etc.) may not be reproduced, transmitted or distributed without the prior written consent of Affinity Express.
The trademarks, service marks, trade names and logos on this site are trademarks of Affinity Express.
Affinity Express reserves the right to use the graphics it produces for the promotion of its design and production services.
Illegal or Inflammatory Materials
Affinity Express reserves the right, in Affinity Express’s sole discretion, to refuse to accept any graphic and design project or to terminate any project prior to completion at any time and for any reason, including when materials are submitted that it deems to be illegal or inflammatory. You agree that Affinity Express shall have no liability of any kind to you or to any third party arising from such refusal or termination (http://www.affinityexpress.com/ABOUT_US/Terms.html).
License and Site Access
Affinity Express grants you a limited license to access and make personal use of this site, subject to the terms. This site and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Affinity Express. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including but not limited to images, text, page layout and form) of Affinity Express without the express written consent of Affinity Express. You may not use any meta tags or any other “hidden text” utilizing the Affinity Express name or marks without the express written consent of Affinity Express. Any unauthorized use terminates the license granted by Affinity Express.
This site may be linked to other sites, which are not maintained by Affinity Express. Affinity Express is not responsible for the content of those sites. These links are provided for convenience purposes and are not under the control of Affinity Express. Affinity Express does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation, with respect to any third party, any third party’s site, the content of any third party’s site, or any products or services provided by a third party, by Affinity Express of the sites. Affinity Express disclaims any liability for links: (i) from another site to Affinity Express; and (ii) to another site from Affinity Express. In order to link to Affinity Express, all users must comply with Linking Terms. Once you link to another site, you are subject to the policies of the new site.
You hereby grants Affinity Express a non-exclusive, non-transferable license to use any Content provided by you (or your customers hereunder) to Affinity Express, either directly or indirectly (including granting Affinity Express access thereto), solely in conjunction with Affinity Express's provisions of the Services hereunder. Customer shall have all the requisite rights, title and interest in such Content to provide to Affinity Express and permit Affinity Express to use as specified herein.
“Content” means the images, fonts, photos, information, graphics, designs, color schemes, artwork, text, fonts, and audio video contents, other materials, design elements or effects provided by you (or your customers hereunder) to Affinity Express hereunder.
You shall indemnify, defend and hold harmless Affinity Express from and against any and all liabilities, losses, claims, demands, damage, judgments and costs and expenses, including reasonable attorneys’ fees, based upon third party claims against Affinity Express that arise out of or in connection with Affinity Express's possession of or use of the Content as permitted hereunder or included in any deliverable provided by Affinity Express hereunder, including without limitation any claim that the Content (as incorporated in any Affinity Express deliverable) infringes a patent, trademark or copyright or misappropriates a trade secret of a third party.
By linking to our site, all “linkers” accept and acknowledge the following terms of linking: linker agrees that it will not at any time do or cause to be done any act or thing in any way impairing the image/reputation of Affinity Express. In connection with the use of the Affinity Express trade name/reference, linker shall not in any manner represent that it is endorsed by Affinity Express or that linker is acting in a representative capacity of Affinity Express. Except for the users set forth herein, linker shall not utilize the Affinity Express name nor its relationship with Affinity Express for purposes of or in any manner which intentionally gives rise to advertising or publicity, unless Affinity Express shall consent to such use in writing prior to publication.
Regardless of the foregoing, Affinity Express reserves the right to rescind this consent with or without cause at any time. In such event, linker shall remove its link to the Affinity Express site within 24 hours of receipt of notice from Affinity Express.
LINKER EXPRESSLY AGREES THAT USE OF AFFINITY EXPRESS MATERIALS AND SITE IS AT LINKER’S SOLE RISK. AFFINITY EXPRESS DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. AFFINITY EXPRESS PROVIDES THIS ACCESS “AS IS” WITHOUT WARRANTY OF ANY KIND. AFFINITY EXPRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT WILL AFFINITY EXPRESS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OF ANY OF THE MATERIALS PROVIDED HEREUNDER OR ACCESS TO ANY OF THE SERVICES DESCRIBED HEREIN.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY AFFINITY EXPRESS ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFFINITY EXPRESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AFFINITY EXPRESS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AFFINITY EXPRESS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.