Your access and use of the Website is subject to the following terms of use (the “terms”, "terms of use") and all applicable laws. By accessing or using any part of the Website, you accept, without limitation or qualification, these terms and conditions. If you do not agree to or cannot comply with these terms of use, please do not use the Website.
We reserve the right to change these terms of use, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of these terms of use on the Website. Any new features or tools which are added to the current website shall also be subject to the terms of use. You can review the most current version of the terms at any time on this page. If you are concerned about our terms of use, you should always check this page prior to using the Website. Your continued use of the Website following the posting of changes to these terms of use will mean that you accept those changes. Any information you submit, or we collect through the Website is subject to our Privacy Policy, the terms of which are incorporated into these terms of use.
ACCEPTABLE USE OF THE WEBSITE
This Website is provided solely for your personal use. The Website is intended for use by adults. By using the Website and agreeing to these terms of use you represent that you are 18 years of age or older or at least the age of majority in your state or province of residence. If you are under 18 years of age, please do not use the Website and do not submit your personal information to us. Afterglo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Any other use of the Website requires the prior written consent of Afterglo. Products made available through this Website may be provided by third parties who are not affiliated with Afterglo. All questions or inquiries regarding such products and their warranties should be addressed to the product manufacturers. Reliance on any information provided on the Website is solely at your own risk.
If you have any questions or concerns about medical or health issues, you should contact a medical professional prior to using any products purchased on the Website. The statements and products available on the Afterglo website are not intended to diagnose, treat, cure, or prevent any condition or disease. Use of this Website is not meant to serve as a substitute for professional medical advice: this Website is solely an online store for specialty intimate products.
PROHIBITED USES
In addition to other prohibitions as set forth in the terms of use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
PROPRIETARY RIGHTS
Afterglo is the exclusive owner of, or is authorized to use or provide access to, all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Afterglo to display the materials, such as branding materials, client logos and trademarks and other proprietary materials. Except as expressly set forth in these terms of use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these terms of use are reserved by Afterglo. You may not, nor will you allow any third-party copy, modify, transmit or make derivative works based on any of the content contained in this Website.
INFRINGEMENT
Afterglo respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at ahuman@myafterglo.com. Your correspondence should include a description of the copyrighted work that you claim has been infringed upon; so that we may investigate your claim.
YOUR ACCOUNT
Some features that may be available on this Website require registration or use of a password. 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 any and all statements made, and all acts and omissions that occur through the use of your account or password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify Afterglo immediately. Afterglo may assume that any communications we receive under your password have been made by you unless we receive notice otherwise.
CONTENT SUBMITTED BY YOU
You acknowledge that you are responsible for any material you may submit via the Website, including the legality, reliability, appropriateness, and originality of any such material. You may not upload to, distribute or otherwise publish through this Website any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website. If you do submit material, and unless we indicate otherwise, you grant Afterglo and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You grant Afterglo and its affiliates the right to use the name you submit in connection with such material if they so choose. All personal information provided via this Website will be handled in accordance with the Website's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Afterglo for all claims resulting from content you submit.
Afterglo has no obligation to post, forward, transmit, distribute, or otherwise provide any material available on this Website, including material you provide to us, and has an absolute right to remove any material from the Website in our sole discretion at any time.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise on the Website. The Forums include the opinions, statements, and other content of third parties. We are not responsible for screening, monitoring, or verifying such content, including such content's accuracy, reliability, or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of Afterglo, and Afterglo does not endorse any such opinions, statements, or materials. We may remove objectionable statements or other content from the Website at any time if we deem removal to be warranted. Removal or editing of any Submission or other materials may not occur immediately. You acknowledge and agree that Afterglo has no control over and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website.
If you choose to make any of your personally identifiable information or other information publicly available through the forums or otherwise through the Website, you do so at your own risk.
ON-CONFIDENTIAL INFORMATION
Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this Website. Any information, materials, suggestions, ideas, or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any user content for any reason or no reason. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of use.
ERRORS AND INACCURACIES
We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts, human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged, and to change or update information at any time without prior notice. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account. Although we make every effort to display products and their colors as accurately as possible, the displayed colors of the products depend upon the display settings and device of the user, and we cannot guarantee that your electronic device will accurately portray the actual colors of the products.
ORDERS
You may order products from the Website only if you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Nothing contained on the Website shall constitute a binding offer to sell any products displayed herein and all orders are subject to our acceptance. Any time after receipt of your order, we may, in our sole discretion, accept or decline all or part of your order or any future orders. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You may not purchase our products for resale purposes. By making a purchase from the Website, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to collect on any unpaid debt, to operate our fraud prevention program and to obtain credit card authorization. Products listed on the Website are not guaranteed to be available as products may not be in stock, or may be low in stock, when an order is completed. Prices displayed on the Website are valid and effective only in Canada.
Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on myafterglo.com. All purchases from myafterglo.com are made pursuant to the Terms and Conditions found on the Website. Risk of loss and title for items purchased from the Website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
All transactions made through the Website are subject to our acceptance in our sole discretion. Afterglo reserves the right, with or without prior notice:
to change product or service descriptions, images and references.
to limit the available quantity of any product or service.
to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion;
to prevent or prohibit any user or customer from making any or all transaction(s); and/or
to cancel any order or refuse to provide any user or customer with any product or service.
Price and availability of any product or service offered through the Website are subject to change without notice, and Afterglo shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to Afterglo’s refund policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases.
ELECTRONIC COMMUNICATIONS
When you make a purchase on myafterglo.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. 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.
WARRANTY DISCLAIMER
You expressly agree that your use of the Afterglo Website is at your sole risk. The Afterglo Website and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Afterglo Website are provided by Afterglo on an “As Is” and “As Available” basis. We reserve the right to restrict or terminate your access to the Website or any feature or part thereof at any time.
To the full extent permissible by applicable law, Afterglo expressly disclaims all warranties of any kind, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Website are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the Website available will be virus-free; or that information on the Website will be complete, accurate or timely. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from Afterglo or through or from the Website shall create any warranty of any kind. Afterglo does not make any warranties or representations regarding the use of the materials on this Website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Any reliance on the material on this Website is at your own risk. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on the Website. In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
YOUR WARRANTY
You represent and warrant that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
LIMITATION OF LIABILITY
In no event shall Afterglo, its employees, officers, directors, agents or representatives be liable for any indirect, incidental, special or consequential damages arising out of your use of or inability to use the Website even if Afterglo 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 foregoing limitation or exclusion may not apply to you. Afterglo is not responsible for any unauthorized access to or alteration of your submissions, transmissions or data or for any material or data sent or received or not sent or received.
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