Terms and Conditions of Use

This website provides general information about the Advertising Federation of Minnesota (“AFM”) and the Twin Cities’ area advertising community.  We are providing this site for informational purposes only. Information on this site will be changed from time to time, and is provided “AS IS” without warranty of any kind.

CONTENT, OWNERSHIP AND LICENSING

All names, logos, service marks, and trademarks appearing in this website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property (“Content”), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, AFM. This includes the entire Content of the website, copyrighted and protected as a collective work. No ownership interest is transferred to you or any other entity by virtue of making the Content available on the website, granting the foregoing licenses, or entering into this Agreement.

The use or misuse of these trademarks or any other Content on this site, except as provided in these Terms of Use or in the site Content, is strictly prohibited. You agree to use this Website as follows:

You may print copies of the information on this site for your personal use, store the files on your computer for personal use, or reference this server from your own documents provided that you retain all copyright and other proprietary notices contained on the Content.

In the event you choose to provide AFM with any questions, comments, suggestions, ideas, or similar communications, all such messages (collectively, “Messages”) will be considered non-personal, non-confidential, and non-proprietary. You hereby grant AFM a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit, and distribute your Messages, in whole or in part, and including all intellectual property rights therein without restriction or compensation.

Your use of the website is limited to personal and non-commercial use only unless other uses are granted expressly to you. You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the website Content for public or commercial purposes without our written permission for such use of Content.

We may terminate this license at any time for any reason. If you breach any of these Terms your license to the Content terminates immediately. Upon the termination of this license you must stop using this website, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

 

RESTRICTIONS ON THE USE OF THIS WEBSITE

 You agree (a) not to distribute text or graphics to others without our express written consent; (b) not, without our permission, to distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise use Content without our written permission; (c) not to use this website or Content in any way not explicitly permitted by these Terms or the text of the website itself; (d) not to take any action intended to interfere with the operation of this website; (e) not to access or attempt to access any portion of this website to which you have not been explicitly granted access; (f) not to directly or indirectly authorize anyone else to take actions prohibited in this section; and (g) to comply with all applicable laws and regulations while using this website or the Content. We reserve all other rights.

 

CHANGES TO WEBSITE CONTENT 

We may change, add, or remove some or all of the Content on this website at any time. In addition, please note that although our goal is to provide accurate information, certain information that may be offered through this website may not be accurate or up to date.

 

LINKING

While visiting this website you may click on a link to other websites and leave this website. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties, and we encourage you to read the terms of use and privacy policies on such third party websites.

 

NO WARRANTIES

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. AFM, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

 

PASSWORDS

Portions of this Site may be password-protected or otherwise secured. You agree to access only those portions of the Website to which you have been granted access. If AFM issues you a password or similar device or code in order to access restricted information, you agree to treat such password as confidential and not to share such password with any third party. You understand and agree that you are responsible for any use or misuse of your password.

 

COLLECTING INFORMATION 

We may collect and store personally identifiable information about persons who visit this site and voluntarily submit information in contacting AFM, including information needed to sign up for AFM events. Such information will be used for the purpose for which it is intended or other purposes as authorized by you. AFM will not collect any personal information unless you provide it to us. We may collect and store aggregate or anonymous information about user contact with, and use of, the site.

 

CONSUMER INTERACTION ON SITE

AFM welcomes questions, discussion and comments about AFM, its affiliates, or this website. Unfortunately, due to the anticipated high volume of correspondence, we cannot guarantee that we will respond to correspondence on an individual basis. Also, while AFM may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the website, AFM is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, violation of intellectual property rights including copyright or trade secret rights, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. AFM will fully cooperate with any law enforcement authorities or court order requesting or directing AFM to disclose the identity of anyone posting any such information or materials. If you believe that any information posted on this website violates the copyright or other rights of any person or entity, please notify us immediately at: ____________________________________________ and we will initiate the appropriate action.

 

JOB POSTINGS

The website allows third parties to post listings for jobs. AFM disclaims any liability associated with the posting of such open positions and the associated positions themselves. AFM does not evaluate or otherwise endorse the positions being offered through the Website. You are solely responsible for all due diligence and research in connection with any jobs advertised through the website.

 

LIMITATION OF LIABILITY 

YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 

GOVERNING LAW

The laws of the State of Minnesota govern these Terms and any cause of action arising under or relating to your use of the website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with AFM, or in any way relating to your use of this website, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving AFM or its employees, officers, directors, agents, and providers. If any provision of these Terms are determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us thirty (30) days to cure the harm before initiating any action. You must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.

 

CONTACT INFORMATION 

Your obligations under the following sections survive termination of this Agreement: This is A Legal Agreement; Content Ownership & License; Restrictions on Use of this Website; Changes to Website Content; NO WARRANTIES; LIMITATION OF LIABILITY; Governing Law; Additional Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend, indemnify, and hold the Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or website. You may not transfer or assign any rights or obligations under this Agreement. AFM may transfer or assign its rights and obligations under this Agreement.

 

REVISION HISTORY 

Last Revision: March 10, 2008