Terms and Conditions
Affarei, Inc. ("Affarei") is wholly owned by and an affiliate of Kagu9, Inc. ("Kagu9"), a California corporation. Affarei provides you with its web-related features and services subject to these Terms and Conditions ("Conditions"). By visiting Affarei.com ("Website"), you accept these Conditions. If you do not agree with or accept any of the terms contained in these Conditions, please leave Affarei.com immediately. In addition to these Conditions, and not alternatively to, are any supplemental agreements, including but not limited to, any commercial licensing, sale, confidentiality or nondisclosure, privacy, DMCA, and any supplemental agreements (collectively "Supplemental Agreement(s)"). In the event that any Supplemental Agreement’s terms differ from these Conditions, that respective term in the Supplemental Agreement shall preempt and be valid against any specific term in these Conditions, but these Conditions shall remain valid against any terms not specifically addressed by any Supplemental Agreements.
II. Electroinic Communications.
When you visit Affarei.com, send emails to an Affarei team member, or otherwise to "@Affarei.com" email addresses, you are communicating with Affarei electronically, and you consent to receive communications from Affarei electronically.
a. Methods of Communication.
Affarei will communicate with you by email, by posting information on this Website, and through other electronic means. You agree that all agreements, notices, disclosures, and other communications that Affarei provides you electronically satisfy any legal requirements that such communication be in writing or as otherwise required by the Statute of Frauds or any other relevant statute, regulation, convention, or practice.
III. Intellectual Property.
All content on this Website, including but not limited to, text, graphics, logos, icons, buttons, images, audio clips, digital downloads, data compilations, and software, are the property of Kagu9 and/or its affiliates, and are protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Kagu9 and is protected the United States and international copyright laws. All software used on this Website is the property of Kagu9 or its providers and is protected by the United States and international copyright laws.
AFFAREI, INC., AFFAREI.COM, KAGU9, INC., KAGU9.COM, KAGUNINE.COM, and graphics, logos, artwork, page headers, button icons, scripts, and service names are trademarks, service marks, registered trademarks, or trade dress (collectively "Marks") of Kagu9, Inc., in the United States of America and other countries. The Marks may not be used in connection with any product or service that is not Kagu9’s, nor may they be used in any manner that is likely to cause confusion among customers, consumers, or in any manner that disparages or discredits Kagu9 or Affarei. All other trademarks not owned by Kagu9 appearing on Affarei.com are the property of their respective owners, who may or may not be affiliated with, a customer of, or related to Affarei in any way.
c. Limited Licenses.
Affarei grants you a limited nonexclusive license to access and make personal use of Affarei.com but not to download, modify, or otherwise change any portion of the Website. However, this license does not include any resale or commercial use of this Website, its contents, use of listings, service descriptions, prices, or any derivative use of this Website or its contents. You may not use account information for the benefit of any merchants, including gathering information from this Website through any means, including data mining, robots, or similar data extraction, source or information gathering tools. This Website or any portion of this Website may not be reproduced, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Affarei. Copying, framing, or the use of other techniques to enclose or extract any trademark, logo, commercial identifier, or other proprietary information of Affarei without express written consent is prohibited. You may not use Meta tags representing or attempting to represent Affarei or misrepresent yourself as an Affarei representative or employee.
IV. Entities, Agents, Subagents, Assignees, both Expressed and Implied.
You represent that if you are operating or suggest to operate as a corporation, partnership, sole proprietorship, Limited Liability Company (LLC), or otherwise as an entity or institution, that you have the authority to act for, as, or in concert with the party you claim to be, represent, or act on behalf of. You may not assign your responsibilities, liabilities, or otherwise, if any such responsibility, liability, or otherwise is gained as a result of your interactions with and amongst Affarei and/or Affarei.com.
V. Typographical Errors.
In the event a service is listed at an incorrect price or with incorrect information due to typographical error or error in description, service information, or pricing, Affarei reserves the right to refuse or cancel any orders placed for such service whether or not the order has been confirmed, completed, or whether performance has begun or been completed.
VI. Service Displays, Colors, & Descriptions.
Affarei displays all service displays, colors, logos, and other information as accurately as possible. However, Affarei makes no guarantee that the displays, colors, or logos you see completely or accurately matches service displays, colors, or logos.
Affarei makes no warranty that the service descriptions or other information on Affarei.com is accurate, complete, reliable, current, or error-free. If a service offered by Affarei itself is not as described, you must immediately contact Affarei by calling +1.415.689.4997.
You agree to indemnify, defend, and hold harmless Kagu9, its affiliates, and any of its respective officers, directors, agents, or employees, from and against all liability, claims, costs, expenses, including without limitation, reasonable legal fees and expenses, brought by any third party alleging a loss from your use of Affarei.com or a violation of these Conditions.
VIII. Applicable Law and Forum.
You consent that the laws of the State of California and the United States of America govern these Conditions without giving affect to conflict of laws principles. Any dispute or arbitration shall be conducted and resolved in the Superior Court of California in the San Francisco Bay Area, or in the District Courts of the Northern District of California.
IX. Modification & Severability.
Affarei reserves the right to make changes to Affarei.com, policies, procedures, and these Conditions at any time. If any of these Conditions shall be deemed invalid, void, or for any reason whatsoever unenforceable, that specific condition shall be severed and shall not affect the validity and enforceability of the remainder of these Conditions.
X. MANDATORY ARBITRATION
Any dispute or claim between you and Affarei arising out of or relating to the service provided by Affarei and/or Affarei.com and these Terms and Conditions, shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules. The arbitration shall take place in San Francisco, state of California, in the United States of America, and it shall be conducted in English. Any resulting decision shall follow the plain meaning of the relevant documents, and shall be final and binding upon all parties. However, the Arbitrator, without regard for the above, cannot (i) award relief in excess of what these Conditions and/or Supplemental Agreements provide; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and the customer or user of this Website will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. You, the customer and/or user, acknowledges that this arbitration provision constitutes a waiver of any right to jury trial and furthermore, if you threaten to and/or institute any litigation against Affarei instead of arbitrating any dispute, you ARE responsible for payment of any and all legal and other expenses incurred by Affarei in connection with such threatened or actual litigation.