Terms of Use
Welcome, and thank you for your interest in Afirefi.Com owned by AFIREFI LLC of 59 Elm Street, Suite 400, New Haven, CT 06510 (hereinafter “Afirefi” or “We” or “Us”), which operates the web site located at https://afirefi.com and related application programming interfaces (API’s), mobile applications and online services (the “Website” or “Site”).
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The following Terms of Service are a legal contract between you (“You” or “Your”) and Afirefi regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”.
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Please read the following terms of service carefully. By registering for, accessing, browsing, or using the website, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including the Afirefi privacy notice and any additional guidelines (as defined below) (collectively, the “Terms”).
1. Terms
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By accessing the Site, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.
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2. Proprietary Materials and Use Licenses
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This Site is not intended for use by children under the age of 18. You may access and use the Site solely for lawful purposes and only in accordance with the Terms of this Agreement. Access to certain portions of the Site or use of certain content may require that You agree to the terms of an additional agreement. Any such additional agreement is in addition to this Agreement. Afirefi reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site (or any portion thereof) with or without notice. Afirefi does not provide financial, investment or retirement advice. The information, course materials and materials on this website are intended solely for educational purposes. You should consult an appropriate professional for specific advice relating to your personal situation. Any calculators or other interactive features on this site are intended to illustrate general information and principles about finance, investments and retirement and are not intended to be used to produce specific recommendations. Afirefi is not liable for any harm, loss or damage caused by or arising from any information or materials on this website, or the direct or indirect use of or reliance on such information or materials.
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No personal advice
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This Website and it's Content and Course Materials (including any Uploaded Information) is for informational only and is not intended to replace or substitute for any professional training, teaching, financial, legal, or other advice. In addition to the "Disclaimer/Limitation on Liability" paragraph above, Afirefi makes no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by You following the information offered or provided within or through the Website. If you have specific concerns or a situation in which you require professional advice, you should consult with an appropriately trained and qualified specialist.
Proprietary Materials
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The Website is owned and operated by Afirefi. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, photos, educational videos and exercises, and all other elements of the Website (the “Website Materials”) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Unless otherwise labeled, all trademarks, service marks, logos, banners, and page headers displayed on this Site (collectively, the "Marks") are the property of Afirefi or its Affiliates. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of Afirefi. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 2, all Website Materials, and all trademarks, service marks, and trade names, contained on or available through the Website are owned by or licensed to Afirefi, and Afirefi reserves all rights therein and thereto not expressly granted by these Terms.
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All AFIREFI LLC course materials including downloadable documents are protected under the laws of copyright. These materials can only be used by the individual purchasing the material for personal use and may not be copied, reproduced, circulated, distributed, published, displayed, modified, transmitted, or in any way exploit such materials. These materials may not be distributed in whole or in part over any network, sold or offered for sale, or used for any derivative works. Under no circumstances may the materials be used for third-party training or commercial activities without the prior written consent of AFIREFI LLC. Any unauthorized use of Afirefi materials is in violation of the Copyright Act, 17 U.S.C. Section 501 and is subject to penalty.
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Licensed Educational Content
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Afirefi may make available on the Website certain educational videos, exercises, course materials and related supplementary materials that are owned by Afirefi or its third-party licensors (the “Licensed Educational Content”). Afirefi grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Website by Afirefi solely for your personal, non-commercial purposes. Unless expressly indicated on the Website that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
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3. Registration
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This Site may include a process by which You may apply to become a registered user (a “Registered User”) of the Site in order to access nonpublic areas of the Site. If the Site has such a registration process, your access to the Site will be limited until You apply for and are approved as a Registered User of the Site. Your approval as a Registered User is at the sole discretion of AFIREFI. In connection with your application to become a Registered User, You may be asked to submit certain information about yourself (“Registration Information”). If your application to become a Registered User is approved, You will be asked to create a password-protected account to access certain nonpublic areas of the Site (an “Account”). You agree to keep your Account information and password confidential. You agree to notify AFIREFI immediately of any actual or suspected unauthorized use of your Account. You are solely responsible for all activities that occur through Your Account. AFIREFI will not be responsible for any loss to You caused by your failure to comply with these obligations. You represent and warrant that: (a) all Registration Information You provide is true, accurate, current, and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. As part of the registration process, you may be assigned or permitted to create a user ID for use in identifying your Account (a “User ID”). You may not: (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person’s authorization; or (iii) use a User ID that AFIREFI, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account.
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4. Indemnification
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You agree to indemnify, defend, and hold harmless Afirefi, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“Afirefi Indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, Materials and/or Course Materials, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You. Afirefi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Afirefi, and You agree to cooperate with Afirefi’s defense of these claims. Afirefi will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
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5. Disclaimers & Warranties
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Although best efforts are made to make the numbers and calculations as accurate as possible, the materials on the Website are provided 'as is'. Afirefi makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Afirefi does not take into account or predict movements in interest rates, markets, inflation, changes to tax law, earnings, or any other circumstance that would affect any insights that may be provided. Further, the Afirefi does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this Site.
No Warranties
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The Website, and all data, information, software, website materials, content, user content, course materials, reference sites, services or applications made available in conjunction with or through the Website are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible pursuant to all applicable law, Afirefi, and its affiliates and licensors, disclaim any and all warranties and conditions, whether statutory, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. No advice or information, whether oral or written, obtained by you from Afirefi or through the Website will create any warranty not expressly stated herein.
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Content
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AFIREFI, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
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Harm to Your Computer.
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YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
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6. Limitations
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In no event shall Afirefi be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Afirefi’s website, even if the Afirefi or an authorized of the Afirefi has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
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Limitation of Liability
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UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL AFIREFI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR COURSE MATERIALS OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH AFIREFI, EVEN IF AFIREFI OR A AFIREFI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AFIREFI’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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7. Revisions and Errata
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The materials appearing on Afirefi’s Website may include technical, typographical, or photographic errors. Afirefi does not warrant that any of the materials on its Website are accurate, complete, or current. Afirefi may make changes to the materials contained on its website at any time without notice. Afirefi does not, however, make any commitment to update the materials.
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8. Site Terms of Use Modifications
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Afirefi may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.
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9. PRIVACY POLICY
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Click on this privacy policy [link] to view a copy of Afirefi’s privacy policy (the “Privacy Policy”) which is incorporated in this Agreement by reference. By accepting this Agreement, You expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
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10. POSTINGS AND USER CONTENT
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The Site may include forums, bulletin boards, chat rooms, or other opportunities through which You may provide or upload Content to the Site (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement of the Intellectual Property Rights of any third party; (3) illegal in any way or that advocates illegal activity; (4) an advertisement or solicitation of funds, goods, or services. You hereby represent and warrant to AFIREFI and its Affiliates that You own all right, title, and interest in and to any Provided Content that You provide or upload to the Site, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant AFIREFI the rights discussed above. You will indemnify, defend, and hold harmless AFIREFI and its Affiliates from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth herein. By providing or uploading any Provided Content to the Site, You grant AFIREFI a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind now known or hereafter developed. In addition, you waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant AFIREFI the right to use your name in connection with the reproduction or distribution of such material.
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11. CLAIMS OF INFRINGEMENT
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Just as AFIREFI requires users of the Site to respect the copyrights and other intellectual property rights of AFIREFI, its Affiliates, and third parties, AFIREFI respects the copyrights and other intellectual property rights of users of the Site and other third parties. If You believe in good faith that your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated Digital Millennium Copyright Act (“DMCA”) agent by mail to:
Afirefi
Attn: DMCA Copyright Infringement Agent
St, Onge Steward Johnston & Reens LLC
986 Bedford Street
Stamford CT 06905
USA
12. Governing Law & Miscellaneous
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Afirefi operates this Website in the United States. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Connecticut in each case located in the City of Connecticut although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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Information contained on this Website may not be appropriate or available for use in other locations, and access to this Website where the content of the Website may be illegal is prohibited. If you access this Website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. Any cause of action filed by you with respect to the Terms any Additional Terms or your use of this Website must be filed in the State of Connecticut within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the State of Connecticut for any cause of action arising under these Terms or related to the Website.
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Non-assignment
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You may not assign or transfer any of your rights hereunder, and any attempt to do so will be null and void.
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Severability
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If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
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You hereby represent, warrant, and covenant for the benefit of AFIREFI and its Affiliates that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with the Site or Content; (3) all information You provide to AFIREFI in connection with this Agreement and Your access to the Site and use of the Site or Content is correct and current.