Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEB SITE AND ANY MATERIALS CONTAINED HEREIN IS A CONDITION OF YOUR RIGHTS TO FURTHER ACCESS ANY AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH AFCRISK.COM AND RELATED WEBSITES (“SITE”). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE AFCRISK.COM.

It is recommended that you keep a copy of these Terms and Conditions and any licenses posted within or through this web site for your records, as they may change from time to time as added functions and services are incorporated into the site. Your rights to use of this Site and any Software, Data and/or Documentation are restricted rights that are governed by the End User License Agreement contained herein, and include restrictions on use and/or transfer.

1. General.This site is owned and operated by or on behalf of Advanced Forecasting Corporation [AFC] and/or its affiliates or subsidiaries (AFC). By accessing, receiving, downloading, syncing, using, or possessing OR continuing to access, receive, download, sync, use or possess software, user interfaces, applications and associated media (“Software”) for use with desktop computers, via the internet, and/or via wireless or other handheld or mobile devices (“Hardware”), printed, online and electronic materials associated therewith (“Documentation”) and data, materials, and content (“Data”) (collectively Software, Data and Documentation to be known as “Products” herein) submitting a registration form, or clicking the “I Agree”, “Submit” or “Continue” buttons when prompted and completing the registration form, Subscriber is entering into this Agreement with AFC, and Subscriber hereby acknowledges and agrees to the validity and applicability of the Terms and Conditions governing this website, the Privacy Statement, any applicable Subscription Terms and Provider Terms, and agrees to be bound hereto.
2. Fees.Please be advised that only some, but not most, areas of the Site contain fee-based services, and are subject to Subscription Terms.
3. Use of Service.Subscriber agrees that the Site and its services is furnished and shall be used solely for Subscriber’s individual / personal or business / professional use, and is subject to AFC’s Acceptable Use Policy. Such permitted uses do not include the right to directly or indirectly transmit, broadcast, redistribute, forward or deliver the Products or services or any part of the data, information, images or other products which constitute the Site, Products and/or services to any other person or entity, in any format (including, but not limited to framing, deep liking or embedding), or by any means (“Commercial Use”), absent a supplemental agreement in writing with AFC. The Site and its services may be used for lawful purposes only, and may not be used in a manner which violates or infringes AFC’s expressly reserved rights, the rights of AFC’s Providers, and the rights of third parties. Subscriber agrees to use the Site consistent with these Terms and Conditions and shall not disclose his or her password to any unauthorized person. Subscriber shall be fully responsible for maintaining confidentiality of account access information and for all charges made to Subscriber’s account.
4. Access.Access to the Site is contingent upon Subscriber providing all equipment necessary to access the internet, Products and/or services offered by AFC. Access to AFCrisk.com requires use of Microsoft Explorer 5.0 or higher, Mozilla Firefox 3.0 or higher, or Mac’s latest Safari edition (obtained through updating software regularly). AFCrisk.com, and use of the AFC Products and services through the Site is usually available 24 hours a day, 7 days a week, however, AFC reserves the right to make the Site unavailable from time to time for any reason and at any time without prior notice. Subscriber agrees that AFC shall not be liable for any damages arising from any interruption, suspension or termination of the Site. The Products supplied by AFC are made available on an electronic site in Kennesaw, GA or other sites AFC shall designate (“Designated Site”). Subscriber’s options as to which Products are available, and how to move Products from the Designated Site to Subscriber’s location or Subscriber’s desktop computers and/or wireless or other handheld or mobile devices (“Hardware”), and/or to issue appropriate electronic commands to accept the Products at the Designated Site and move such items to an authorized location or to pass on authorized users to the Designated Site are limited by the type or format of the Products and/or services selected by Subscriber and Subscriber’s Hardware then in use. AFC makes no guarantees that the Products and/or services selected by Subscriber will be operational with Subscriber’s Hardware.
5. Permitted Uses.Subscriber may download, view, copy and print Products incorporated in or accessed through this Site subject to the following: (1) the Products may be used solely for personal, informational, internal purposes and may not be re-distributed without the express written permission of AFC; (2) the Products may not be modified or altered in any way; 3) any copyright or other proprietary notices must appear on all copied Products; and 4) certain Products on this Site may be subject to further use, modification, copying and/or dissemination restrictions which shall override this general grant to use the Products (please see the Notice Specific To Products Available On This Website). Access to and copying/distribution of original user content (i.e. such as from weather chat / blog areas, message/bulletin boards, feedback forums, etc.) shall be controlled by restrictions imposed by the originator of the content or by the Acceptable Use Policy. AFC expressly reserves the right to refuse any materials for submission or upload by Subscriber or other users of this Site. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or redistribute any information or Products from this Web site in whole or in part without the prior written permission of AFC or its Providers. Requests to reprint or re-distribute Products and other materials accessed from this Website should be directed to the originator of the Products or materials. For AFC Products, reprint and/or re-distribution requests should be sent to Advanced Forecasting Corporation [AFC], 1302 24th Street West, #355, Billings MT 59102, Attn.: Contracts Administrator.
6. Intellectual Property.Information furnished by AFC to Subscriber is intended for Subscriber’s sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with AFC or its Providers. All Products, information, data, images, and other things comprising the Service are to be considered copyrighted by AFC, its Providers or the content originator, as the case may be, and they remain the sole and exclusive property of such persons. Subscriber is authorized to use such for the purposes stated herein and to store such information during the term hereof. Subscriber may not store for future use such information beyond that period, nor develop a library of such information. Subscriber agrees not to copy materials on the Site, not to reverse engineer or break into the website and not to use the website materials, Products or services to violate law, the Notice Specific to Products Available on this Website, AFC’s Privacy Statement, or the Acceptable Use Policy.REGARDLESS OF ANY OTHER PROVISION HEREIN, THE TRADEMARKS OF AFC AND THE AFCRISK NAME SHALL NOT BE USED BY SUBSCRIBER IN ANY WAY, ESPECIALLY NOT AS A MEANS OF IDENTIFYING THE SOURCE OF THE SERVICE TO PUBLIC AUDIENCES OR CLIENTELE WITHOUT A SPECIFIC LICENSE TO DO SO FROM AFC.
7. Trademark Information.AFC, AFCRISK.COM, CROSSING NEW THRESHOLDS, CROSSING NEW THRESHOLDS IN WEATHER, METEOROLOGICAL INTELLIGENCE, AFCWEATHERHEDGE, AFCFORECASTSMART, AFCWEATHERTALK and other AFC product names, service names, slogans or logos referenced in this Site are trademarks or registered trademarks of Advanced Forecasting Corporation [AFC]. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks of their respective owners.
8. Copyright Information.© 1993-2009 Advanced Forecasting Corporation [AFC], 1302 24th Street West, #355, Billings, MT 59102 except where otherwise indicated. All rights reserved. Original user content submitted by users or Providers to the Site or where expressly provided otherwise by AFC, is proprietary to the submitting users and/or Providers, is protected by copyright law, and is subject to the usage restrictions separately set forth in the Notice Specific To Products Available On This Website.
   

   Notification of Copyright Infringement

   AFC will, in appropriate circumstances, terminate the accounts of Subscribers involved in disputes regarding intellectual property rights and remove or disable access to related content. If you believe that this Site contains infringing or disputed intellectual property, or that work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Web site or on sites linked to from this Site, please provide AFC’s Copyright Agent a Notice of Infringing Material(s) (“Notice”) containing the following elements:

   1. A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed.
   2. A description of the copyrighted work or works that the copyright owner or agent claims have been infringed and a reasonable identification of the material(s) the copyright owner claims is infringing the copyrighted work(s) and is requesting to be removed or access be disabled.
   3. A description of where the material the alleged infringing material(s) is located on the AFC Site (include a URL if possible).
   4. Sufficient contact information regarding the copyright owner or agent, such as your physical address, e-mail address, website, telephone number, and fax number.
   5. A statement by the copyright owner or agent that he/she has a good faith belief that the use of the material(s) identified in the Notice is not authorized by the copyright owner, its agent, or the law.
   6. A statement by the copyright owner or agent that the information in the Notice is accurate and, under penalty of perjury that the complainant is the copyright owner or an authorized agent to act on behalf of the copyright owner.AFC’s Copyright Agent for Notices of Infringing Materials can be reached as follows:
      Legal Department, Attn: Copyright Agent
      Advanced Forecasting Corporation [AFC]
      1302 24th Street West, #355
      Billings, MT 59102 USA
9. Acceptable Use Policy.You agree not to use the AFCrisk.com Site, AFC Products or AFC services to:
   • upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or without another’s permission, hateful, or racially, ethnically or otherwise objectionable to any person for any reason, natural or corporate;
   • harm minors in any way; impersonate any person or entity, including, but not limited to, an AFC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   • upload, post or otherwise transmit any falsified, composite, or otherwise non-authentic depictions of events, entities or persons (spoofs);
   • upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   • upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   • upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with AFC;
   • upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   • interfere with or disrupt AFC or servers or networks connected to AFC, or disobey any requirements, procedures, policies or regulations of networks connected to AFC;
   • “stalk” or otherwise harass another; collect or store Personally Identifiable Information about other users;
   • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites;
   • use your access or AFC-hosted site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the AFC Site, without express written permission from AFC;
   • use the Site to engage in commercial activities without enrolling in AFC-approved programs, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors, conducting raffles or contests that require any type of entry fee, displaying a sponsorship banner of any kind, displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites, use the Site to provide access to the Site for other persons through use of Subscriber’s User Name and Password;
   • tamper in any way with the Products or functionality of the Site, such as placing on the site material which contains any viruses, time bombs, Trojan horses, worms, Easter eggs, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information, or utilize bots, agents, auction crawlers and other computer-based crawling programs on the Site.

   AFC EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED ON THE SITE BY SUBSCRIBERS OR OTHER USERS OF THE SITE.

10. Notice Specific To Products Available On This Website.Permission to use Products from this Site is granted, provided that (1) any resident copyright notices appear in all copies and that both the copyright notice and this permission notice appear, (2) use of such Products from this Site is for Subscriber use only and will not be copied or posted on any network computer or broadcast in any media absent an express written agreement with AFC, (3) the Products shall not be used on data outside of this Site absent an express written agreement with AFC and shall be in compliance with the End User License Agreement; (4) no unauthorized modifications of any Products are made; (5) to the extent modifications are made, a notice of modification including the subject matter of modification appear with the modified Products; and (6) any use of Provider Products is consistent with any applicable Provider Terms. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Subject to AFC’s Privacy Statement, or where expressly provided otherwise by AFC, all comments, feedback, information or materials submitted to AFC through or in association with this Site shall be considered non-confidential and Property of AFC. By submitting such comments, feedback, information or materials to AFC, you agree to a fee-free assignment to AFC of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. AFC shall be free to use such comments, feedback, information or materials on an unrestricted basis. FOR YOUR CONVENIENCE, AFC MAY MAKE AVAILABLE ON THIS SITE OR IN ITS PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. AFC DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SITE OR IN AFC PRODUCTS.Products, as specified above, do not include original user content hosted on this Site, the design or layout of the Site or any other AFC owned, operated, licensed or controlled site. Elements of the Site are protected by copyright, patent, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Site may be copied or retransmitted unless expressly permitted by AFC, its Providers, or the originating user associated with original user content displayed on this Web site.
11. Additional Products and ServicesCertain services, in addition to those described in this Agreement, or as offered by AFC through other product licenses and/or service agreements may be made available as part of, or through this Site, by Providers, or by AFC, and may be subject to terms and conditions in addition to those in this Agreement, which terms and conditions are available upon registering for or subscribing to the products and/or service(s) (“Provider Terms”). Any Provider Terms are in addition to these Terms and Conditions, and apply only to that Provider’s service or content unless explicitly stated otherwise. Should an additional service be made available on this Site or from AFC without additional Provider Terms, these Terms and Conditions shall apply. TO THE EXTENT THAT AFC SERVICES ARE BEING MADE AVAILABLE THROUGH THIS SITE, THE PROVISIONS IN THESE TERMS AND CONDITIONS SHALL MODIFY OR AMEND ANY CONFLICTING TERMS IN OTHER AFC AGREEMENTS. Additional Provider Terms for any products or services provided with AFC registration may be made available through the Site via hyperlinks and are applicable should you choose to use their products or services.
12. Disclaimer.AFC makes no express or implied warranties, guarantees or affirmations that weather, earthquake and any other risk information will occur or has occurred as the reports, forecasts, graphics, data, briefings or information comprising the Site, products or services state, represent or depict and AFC shall have no responsibility or liability whatsoever to Subscriber or any other person or entity, parties and nonparties alike, for any inconsistency, inaccuracy or omission for weather or events predicted or depicted, reported, occurring or occurred. There may be times when data or services from third parties that AFC normally uses as all or a part of the basis of its forecasts, graphic, or other products, information, and services is unavailable or disregarded and AFC shall have the right to continue to issue such products, information and services without informing the end user of the changed basis or source of such products, information, or services and to change sources from time to time. Web-based and Mobile/wireless services are dependent upon open communications networks provided by third parties, and AFC is not responsible for lack of services due to communications network outages especially those beyond its control for any time period. SUBSCRIBER IS ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, AND ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. SUBSCRIBER SHOULD KEEP ADVISED OF SAME. SUBSCRIBER AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY. AFC makes no warranty or representation with respect to any Provider products or materials. Subscriber is advised and informed that content provided or accessed through the Site in association with wireless weather information services is not provided by, the responsibility of, nor within the control of, any mobile/wireless communications carriers, internet service providers, or internet storefronts.
13. No Warranties/Limit of Liability.YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE PRODUCTS ARE PROVIDED BYAFC ON AN “AS IS” BASIS. AFC AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AFC AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. AFC AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AFC OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF AFC AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO USE OF THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF ONE [1] MONTH’S FEES PAID BY SUBSCRIBER TO AFC UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE SUBSCRIPTION TERMS OR PROVIDER TERMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
14. Indemnification.Subscriber hereby agrees that it will well and truly indemnify and save harmless AFC and its Providers from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which AFC or its Providers may sustain by reason of Subscriber’s use of this Site, Subscriber’s breach of any of the terms, covenants or conditions of these Terms and Conditions, or other claims against AFC arising from these Terms and Conditions.
15. Export Controls.This Site and the Products may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the U.S.A., and any amendment thereof. Subscriber acknowledges that no Products or other underlying information or technology accessed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation inside the United States) without first complying strictly and fully with all export controls that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. If Subscriber has any questions regarding its obligations under the United States of America Export regulations, Licensee should contact the Bureau of Export Administration, United States Department of Commerce, Exporter Counseling Division, Washington, D.C., http://www.bxa.doc.gov/.
16. Third Party Sites and Providers.This site may link, redirect, connect, “frame”, utilize plug-ins, integrate applications recognized automatically by the browser and otherwise direct you to without limitation, other sites, servers, third party internet data, software or service providers, software developers, internet storefronts, Internet Service Providers and mobile/wireless communications carriers, among others (“Providers”). To the extent applicable, these Terms and Conditions shall apply. In order to utilize some of the AFC Products and services you may have to use, accept, install and review information, data, executables, programs, software and other items from Providers that are not under the control of AFC. This may occur with or without your knowledge and although the visual representation on your screen may appear to be an AFC website, the information, data, executables, programs, software and other items may come from Providers and may not be under the control of AFC. You acknowledge that AFC is not responsible for the accuracy, copyright and other intellectual property compliance, legality, decency, or any other aspect of the content of such Providers. Your use of this Site and the products and services through these Providers is at your own risk. AFC is not responsible for webcasting or any other form of transmission received from any linked site, nor the failure of any services provided through mobile/wireless carriers, internet storefronts, or other Providers. AFC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AFC, nor has AFC independently authenticated products or materials provided by Providers.
17. Modifications.AFC may modify this Agreement at any time, and the new terms and conditions will become effective by posting the new terms and conditions in the same location as the previous terms and conditions were posted. AFC has the right at any time to modify or cancel any feature or functionality of the Site, including hours of availability, content, applications, and equipment requirements for use with the Products and/or services, and AFC reserves the right to suspend or terminate access to this Site and/or the Products and/or services provided without prior notice in the event you, the Subscriber, is in violation of these terms of use, or for scheduled or unscheduled support and maintenance on the Site.
18. Terms of Service.These Terms and Conditions are effective upon acceptance, and shall remain and continue until terminated. Neither this Agreement nor any rights or obligation hereunder may be assigned by Subscriber without the express written permission of AFC, and any purported transfer of rights shall oblige the transferee to these Terms and Conditions, and Subscriber’s rights will be terminated. You may terminate these Terms and Conditions by destroying, removing or obliterating the Products and all copies thereof, and certifying as such to AFC. AFC may terminate your right to use the Site and its Products and services upon the breach by you of any provision contained in these Terms and Conditions, any applicable Provider Terms, Subscription Terms, the End User License Agreement, or the Privacy Statement governing this Site and downloaded Products. Upon such termination by AFC, you agree to certify the destruction, removal or obliteration of the Products and all copies thereof to AFC.
19. Notice.Posting of notice(s) on the Site by AFC shall constitute notice to Subscriber. Written notice of termination and requests for credit (as applicable – see Subscription Terms) shall be provided in the following manner: email notification to support@advancedforecasting.com or facsimile notification at 406-651-5001, Attn: Webmaster. No credits or refunds are available for cancellation of monthly wireless services.
20. Choice of Laws/Jurisdiction.This Agreement is governed by the laws of the State of Montana, with the exception of export control, infra, which is governed by US Federal law. Any dispute arising out of this Agreement or related thereto shall be subject to the jurisdiction of said Courts located within Montana, and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Montana law.
21. Subscription Terms.Subscriber agrees to pay to AFC the fees stated or as specified from time to time for various fee-based Products and services available by or through AFC, especially where applicable for business / professional use. Subscribers are responsible for promptly paying for AFC Products and services. Failure to pay these fees in a timely manner will result in an interruption of fee-based Site Products and services and the functional inability to access the fee-based sections of the Site.Charges will be calculated based upon the subscription package selected, and are applicable to the current version of the package selected. Upgrades related to Hardware changes or new releases may be subject to additional charges.Failure of payment shall render due and payable all sums plus a late payment charge of one and one half percent per month. Fees may be prorated for portions of months. Use of the service beyond the free trial time or without proper authorization will result in charges to billing or credit card account. Fees and payment terms therefore are subject to change upon Notice by AFC to Subscriber.Packages, once purchased, are nonrefundable, regardless of use or lack of use by Subscriber. Absolutely no credits or refunds are available for month-to-month or one-time fee-based services, including, without limitation, mobile/wireless service packages. Once a charge has been processed to a Subscriber’s credit card or wireless account, the Subscriber shall not request his or her credit card or mobile carrier company to reverse the charge or charge it back to AFC. If Subscriber has a legitimate basis to request a credit for a charge previously processed against his or her credit card account, he or she shall request a credit from AFC by written notice and resolve the issue directly with AFC. Any reversed charges which cause the credit card company to impose a charge back, refund, or credit cost against AFC shall be reimposed by AFC upon Subscriber. Such costs may exceed the cost of the reversed item or charge back by many times.
22. Renewal Terms.Monthly subscription packages shall continue to renew monthly until proper termination notification is received from Subscriber. Upon expiration of subscription period for any One Year Supersaver package, Subscribers will be renewed on monthly subscription terms unless proper termination notification is received from Subscriber.
23. LANGUAGE. TO THE EXTENT THIS AGREEMENT MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND THE OTHER LANGUAGE, THE ENGLISH VERSION SHALL CONTROL. THESE TERMS AND CONDITIONS MAY CHANGE PERIODICALLY, SO PLEASE CHECK BACK OFTEN.
24. ENTIRE AGREEMENT. THESE TERMS OF USE, TOGETHER WITH ANY END USER LICENSE AGREEMENT, SUBSCRIPTION TERMS, PROVIDER TERMS, AND/OR ANY OTHER AGREEMENTS OR TERMS OF USE APPEARING OR REFERENCED ON THIS SITE AND/OR ENTERED INTO BETWEEN THE PARTIES IN WRITING REPRESENT THE ENTIRE SET OF TERMS AND CONDITIONS GOVERNING YOUR USE OF THE PRODUCTS (WHERE APPLICABLE) ACCESSED THROUGH THIS SITE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. These Terms and Conditions may only be modified in writing by AFC.