Anti Foreclosure Network (AFN) Terms of Use

 

Last Revised: January 17, 2021

 

Welcome to AFN’s Terms of Use! We are truly glad to have you become a member.

Below we have listed important terms that apply to anyone who visits our website or becomes a member. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. ​

 

1. Introduction

1.1. Our Purpose

AFN is a National Not for Profit Unincorporated Private Membership Political Association assisting its members in preserving their homes. Our goal is to equip our members with educational materials, technical assistance and knowledge to achieve that objective. We are not attorneys, we do not share legal advice and we do not practice law.

1.2. Agreement

These Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to our visitors, users and members as presented on the AFN website (“AFN Website”, and collectively – the “AFN Terms”), all set forth the entire terms and conditions applicable to each visitor, user or member of the AFN Website.  

The AFN Terms constitute a binding and enforceable legal or equitable contract between AFN and user(s) and its member(s)- so please read them carefully.

 

You may visit and/or use the AFN Website only if you fully agree to the AFN Terms - and by using and/or registering to any of the AFN Website, you signify and affirm your informed consent to these Terms of Use and any other AFN Terms applicable to your use of the AFN Website. If you do not read, fully understand and agree to the AFN Terms, you must immediately leave the AFN Website and avoid or discontinue all use of the AFN Website.

1.3. User/Member Account

In order to access and use certain sections and features of the AFN Website, you must first register and create an account with AFN (“Member Account”).

 

If anyone other than yourself accesses your Member Account and/or any of your User settings, they may perform any actions available to you (unless as specifically stated otherwise on the AFN Website), make changes to your Member Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

 

If you use AFN Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AFN is not responsible for third party access to your account that results from theft or misappropriation of your account. AFN and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Therefore, we strongly encourage you to keep the log-in credentials of your Member Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

 

You must provide accurate and complete information when registering your Member Account and using the AFN Website, to which you are the sole and exclusive rights holder. We require you to provide your accurate contact details, including your valid e-mail address, as we may use it to identify and determine any request to join AFN and the actual and true owner of the Member Account submitted to us .

 

AFN will consider the owner of a Member Account, created and/or uploaded to AFN Website, as the person or entity who has access to the e-mail address then listed in AFN’s records for such Member Account under which such Member Account was created.

 

Notwithstanding the forgoing, AFN shall have the right to determine the ownership of Member Account as it chooses, including by ignoring the indications set forth above, in event AFN deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by AFN.  

1.4 Disclaimer of NO Guaranties. You agree not to hold AFN or any of its members responsible for any successes or failures you may experience as a result of shared information. There is no assurance that examples we present and information we provide will work for your particular situation. We cannot guarantee your future anticipated results or success. There are some unknown risks that we cannot foresee which can impact your anticipated results. The shared information may bring different results in every case.  There are no guarantees concerning the level of success you may experience.

 

2. Your Obligations

2.1 Code of Conduct. You agree to be respectful to other AFN members. You agree and comprehend  that any disrespectful disparaging insulting, offensive, abusive, rude, insolent, impertinent, wounding, discourteous or physically abusive act will result in your immediate expulsion from AFN.    

2.2. You represent and warrant that:

  1. you are at least thirteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the AFN Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the AFN Terms;

  2. you agree to keep all information obtained through AFN Website or through any or its members confidential unless specifically authorized by AFN and or its membership.

  3. you understand that AFN does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of the shared information used by you or any member.

2.3. You undertake and agree to not:

  1. impersonate any person or entity or provide false information on the AFN Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to AFN and/or any End Users;

  2. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that AFN or any third party endorses you or any statement you make;

  3. reverse look-up, trace, or seek to trace another Member of AFN Website, or otherwise interfere with or violate any other Member’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the AFN Website without their express and informed consent;

  4. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the AFN Website, the account of another Member(s), or any other systems or networks connected to the AFN Website, by hacking, password mining, or other illegitimate or prohibited means;

  5. probe, scan, or test the vulnerability of the AFN Website or any network connected to the AFN Website;

  6. upload to the AFN Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

  7. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the AFN Website or otherwise interfere with or disrupt the operation of the AFN Website, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

  8. use AFN Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

  9. access the AFN Website, Member Accounts, Licensed Content through any means or technology (e.g. scraping and crawling).

  10. sell, license, or exploit for any commercial purposes any use of or access to the AFN Website, except as expressly permitted by the AFN Terms;

  11. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the AFN Website; or

  12. violate, attempt to violate, or otherwise fail to comply with any of the AFN Terms or any laws or requirements applicable to your use of the AFN Website.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Member Account – with or without further notice to you, and without any refund of amounts paid on account of your membership dues.

 

3. Content and Ownership

3.1. Your Intellectual Property

All rights, title and interest in and to the AFN Website, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the AFN Website, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to AFN.

 

Subject to your full compliance with the AFN Terms and timely payment of all applicable Dues, AFN hereby grants you, upon creating your Member Account and for as long as AFN wishes to provide you with the AFN Website, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the AFN Website for the purpose of sharing and using information under the AFN Terms.

 

The AFN Terms do not convey any right or interest in or to AFN’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the AFN Terms constitutes an assignment or waiver of AFN’s Intellectual Property rights under any law.

 

3.2. Privacy Policy

Your use of AFN is subject to AFN's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

4. Cancellation

4.1. Cancellation by Member

You may discontinue to use and request to cancel your Member Account at any time. The effective date and time for such cancellation shall be the date and time on which you have submitted your request to AFN and received confirmation email from AFN.

AFN will fully refund your dues only if you made your written request within ten days from the date you paid your dues at the time of your membership approval otherwise the annual dues or other type donations are not refundable.

Notwithstanding anything to the contrary in the foregoing, with respect to membership subscriptions, such subscription will be discontinued, if you did not cancel the membership before, upon the expiration of the twelve months period for which you have already made payment.

4.2. Cancellation by AFN

Failure to comply with any of the AFN Terms and/or to pay the annual dues shall entitle AFN to suspend (until full payment is made) or cancel your Member Account (or certain features thereof).

5. Disclaimer of Warranties

We provide the AFN Website on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the AFN Website (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you (including in any jurisdiction in which you operate), or that the operation will be free of any viruses, bugs or other harmful components or program limitations.  

AFN does not recommend the use of the AFN Website for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

6. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, AFN, and or any of its members shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the AFN Website; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the AFN Website; (5) the use or display of any Content or Member Account posted, emailed, transmitted, or otherwise made available via the AFN Website; (6) events beyond the reasonable control of AFN, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of AFN Website.

 

7. Indemnity

You agree to defend, indemnify and hold harmless AFN, and any of its members from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other AFN Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your Member Account and/or your use of the AFN Website, including, without limitation, AFN Website’ actions for your benefit; and/or (3) any other type of claim that your Member Account caused damage to a third party.

 

8. Governing Law & Jurisdiction; Class Action Waiver

The AFN Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the AFN Website, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the AFN Terms, or any related membership transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance within the jurisdiction of exclusive equity of a court that has such jurisdiction, without respect to its conflict of laws principles.

Subject to any applicable law, all disputes between you and AFN shall only be resolved on an individual basis and you shall not have the right to bring any claim against AFN as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).  

9. Entire Agreement

These AFN Terms of Use, and any other dues notices provided to you by AFN, shall constitute the entire agreement between you and AFN concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between AFN and you with respect to AFN and the AFN Website. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of AFN in entering into any of the AFN Terms.

10. Severability & Waivers

If any provision of the AFN Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the AFN Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

Contact Us

AFN welcomes your questions or comments regarding the Terms:

Email Address: info@afnetwork.org