TERMS & CONDITIONS
TERMS OF USE
Last updated 12/16/2024
AGREEMENT TO OUR LEGAL TERMS
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We are Aimfluance LLC ("Company," "we," "us," "our").
We operate https://aimfluance.com, as well as any other related products and services that refer to or link to these legal terms, (the "Legal Terms") (collectively, the "Services").
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You can contact us by email at contact@aimfluance.com.
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These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Aimfluance LLC (the "Company"), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
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2. INTELLECTUAL PROPERTY RIGHTS
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Our intellectual property
We own or hold the licenses to all intellectual property rights in the original content we upload to the Services (text, images, videos, graphics, etc.). This content is referred to as our "Original Content." We may also own or hold licenses to certain unique design elements and source code modifications we implement on the Wix platform (these are called "Customizations"). The underlying website platform, core functionalities, and base website designs are the property of Wix.com Ltd.
Our Original Content and Customizations (to the extent protectable) are protected by applicable U.S. and international copyright, trademark, and unfair competition laws and treaties. Wix's platform and base functionalities are protected by Wix.com Ltd.'s intellectual property rights.
You may not modify, copy, distribute, reproduce, translate, reverse engineer, disassemble, or create derivative works of our Original Content or Customizations without our express written permission. You are also bound by the terms of service of Wix.com Ltd. regarding their platform and functionalities.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
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access the Services; and
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download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use, or internal business purposes.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@aimfluance.com If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
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Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
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To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
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Warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
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Warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
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3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
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you have the legal capacity, and you agree to comply with these Legal Terms;
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you are not a minor in the jurisdiction in which you reside;
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you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
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you will not use the Services for any illegal or unauthorized purpose; and
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your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
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4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
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Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
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Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
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Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
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Use any information obtained from the Services in order to harass, abuse, or harm another person.
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Make improper use of our support services or submit false reports of abuse or misconduct.
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Use the Services in a manner inconsistent with any applicable laws or regulations.
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Engage in unauthorized framing of or linking to the Services.
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Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
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Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
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Delete the copyright or other proprietary rights notice from any Content.
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Attempt to impersonate another user or person or use the username of another user.
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Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
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Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
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Harass, annoy, intimidate, or threaten us or any of our employees or agents or partners or third parties engaged in providing any portion of the Services to you.
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Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
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Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
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Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
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Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
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Use a buying agent or purchasing agent to make purchases on the Services.
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Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
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Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
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Anti-Scraping and AI Training Clause
The content available on the Aimfluance LLC website, including all text, images, graphics, and other materials (collectively, the "Content"), is owned by Aimfluance LLC or its licensors and is protected by applicable copyright, trademark, and intellectual property laws. Unauthorized access, use, or extraction of any Content from this website, including but not limited to scraping, harvesting, crawling, or utilizing automated systems to collect, index, or mine the Content, is strictly prohibited. This includes the use of the Content for the purpose of training artificial intelligence (AI) models, machine learning systems, or any other similar technology.
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By accessing or using this website, you explicitly agree that you will not scrape, download, or otherwise use any Content for AI training, model development, or any other automated or machine-driven purposes without the express written permission of Aimfluance LLC. Any violation of this policy will be considered an infringement of Aimfluance LLC's intellectual property rights and may result in legal action, including but not limited to the pursuit of injunctive relief, damages, and any other remedies available under law.
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Aimfluance LLC reserves the right to monitor, investigate, and take legal action against any individual, organization, or entity that engages in such prohibited activities. Any AI company or third party found in violation of this clause may be subject to immediate legal action, including claims for damages arising from the unlawful use of Aimfluance LLC's Content for AI training or other unauthorized purposes.
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5. USER GENERATED CONTRIBUTIONS & CONTENT DISCLAIMER
The Services do not offer users the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. Contributions may be viewable by other users of the Services and through third-party websites.
When you create or make available any Contributions, you thereby represent and warrant that:
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The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
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You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
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You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
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Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
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Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
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Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
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Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
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Your Contributions do not violate any applicable law, regulation, or rule.
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Your Contributions do not violate the privacy or publicity rights of any third party.
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Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
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Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
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Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
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Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination, or suspension of your rights to use the Services.
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Guest and Partner Thought Leadership Articles Policy
To maintain the quality and value of our content, all thought leadership articles must provide deep, insightful, and actionable information. Articles should deliver meaningful perspectives, practical knowledge, and data-driven insights that address industry challenges.
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Strictly Prohibited
- Promotional content, including company, product, or solution promotions.
- Vendor-driven narratives, sales pitches, or self-serving content.
- Personal branling and branding, hype, or superficial discussions.
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Content Guidelines
Contributions should focus on:
- Addressing real-world challenges through data, hands-on experiences, and meaningful insights.
- Offering expert perspectives and forward-thinking ideas that push boundaries and provide measurable value.
- Sharing actionable takeaways and practical applications that resonate with the audience.
Authors are encouraged to use their expertise and knowledge of the topic to provide high-quality, thought-provoking content that engages and informs readers.
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Author Bio
Contributor bios should highlight their expertise, background, and professional accomplishments relevant to the topic. Bios must not serve as promotional material for their company, products, or solutions.
Failure to adhere to these guidelines may result in rejection of the submission and exclusion from future content opportunities.
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Content Disclaimer
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The opinions and views expressed in the articles featured on this insights page are solely those of the individual authors and do not necessarily reflect the official policy or position of Aimfluance LLC. The content provided is for informational purposes only and should not be considered as professional advice.
While Aimfluance LLC makes every effort to ensure the accuracy and reliability of the information presented, we make no representations or warranties of any kind, either express or implied, regarding the completeness, accuracy, reliability, or suitability of the content. Readers are encouraged to conduct their own research and seek professional advice when necessary.
All articles and content featured on this page remain the intellectual property of the respective authors. Any reproduction, distribution, or use of the material without prior written consent from the author is strictly prohibited. Unauthorized use may violate copyright, trademark, and other laws.
Aimfluance LLC shall not be liable for any loss or damage, including but not limited to direct, indirect, incidental, punitive, or consequential damages arising from the use of, or reliance on, the information provided in these articles.
By accessing or using this insights page, you acknowledge and agree to this disclaimer. If you have any questions or concerns regarding the content, please contact us.
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6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you grant us a non-exclusive, royalty-free license to use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
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7. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
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monitor the Services for violations of these Legal Terms;
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take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
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in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
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in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
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otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
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8. SERVICE TERMS, REFUNDS, AND PAYMENT POLICIES
Reference to Payment and Refund Policies: For detailed information on payment methods, processing fees, refund procedures, and cancellation policies, please refer to our Service Terms, Refunds, and Payment Policies.
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9. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. MODIFICATIONS AND INTERRUPTIONS
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We reserve the right to change, modify, or remove content from the Services at any time, for any reason, and at our sole discretion, without prior notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
11. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of the state of Texas without regard to its conflict of laws principles. Aimfluance LLC and yourself irrevocably consent that the courts of Travis County, Texas shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms. If any provision of this Agreement is for any reason found to be unenforceable, the remainder of this Agreement will continue in full force and effect.
12. DISPUTE RESOLUTION
One Year Time Limitation to Start a Dispute
You agree that any action or proceeding by you relating to any dispute must commence within one year after the alleged cause of action accrues.
Informal Negotiations
You acknowledge that the Aimfluance LLC strives to provide exceptional service in all aspects of the engagement. However, in the event you encounter any dissatisfaction with the services provided, you are obligated to notify the Aimfluance LLC, in writing, of such dissatisfaction within the time limitation outlined in Section 11 of this Agreement. Aimfluance LLC will, in good faith, attempt to resolve any such dissatisfaction through commercially reasonable efforts.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.In the unlikely event that we are unable to resolve your complaint to your satisfaction, we each agree to resolve those disputes through binding arbitration.
Binding Arbitration
Any Dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be finally resolved by binding arbitration in accordance with the Federal Arbitration Act ("FAA") and the rules of the American Arbitration Association ("AAA"). The parties shall mutually agree upon the specific AAA Commercial Arbitration Ruleset applicable to the arbitration, considering the size and complexity of the Dispute. In the absence of mutual agreement, the selection of the specific AAA Commercial Arbitration Ruleset shall be made by the AAA in its sole discretion. The award rendered by the arbitrator(s) shall be final and binding on the parties and may be entered in any court of competent jurisdiction.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that all disputes and claims between us will be heard by a single arbitrator.
Exceptions to Informal Negotiations and Arbitration
The following Disputes are not subject to the foregoing provisions concerning informal negotiations and binding arbitration, and shall be resolved in a court of competent jurisdiction within the courts listed for jurisdiction above:
(a) Aimfluance LLC’s Intellectual Property Rights: Any Dispute seeking to enforce, protect, or concerning the validity of any intellectual property rights of Aimfluance LLC, including, but not limited to, copyrights, trademarks, patents, and trade secrets.
(b) Misconduct by Client: Any Dispute related to, or arising from, allegations of theft, piracy, invasion of the Aimfluance LLC's privacy, or unauthorized use of Aimfluance’s confidential information by the Client.
(c) Injunctive Relief Sought by Aimfluance LLC: Any claim for injunctive relief sought by Aimfluance LLC, which is a court order to prevent the Client from taking a specific action that would harm Aimfluance LLC.
Election to Proceed with Binding Arbitration: Aimfluance LLC, at its sole discretion, may elect to proceed with binding arbitration under the terms and conditions set forth in this Agreement for any Dispute arising out of or relating to these Legal Terms, including any Dispute listed in the exceptions above.
Severability: If any portion of this provision is found to be illegal or unenforceable, such portion shall be severed from the remainder of this provision, which shall remain in full force and effect.
13. CORRECTIONS
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There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
14. DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE.
"TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES AND YOUR USE OF THEM. THIS INCLUDES, BUT ISN'T LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DON'T GUARANTEE THAT THE SERVICES ARE:
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ACCURATE, RELIABLE, OR CORRECT
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FULFILLING YOUR NEEDS
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AVAILABLE UNINTERRUPTED, ERROR-FREE, SECURE, OR WITHOUT DEFECTS AT ANY SPECIFIC TIME OR LOCATION
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THAT ANY ERRORS OR DEFECTS WILL BE FIXED
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FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR LINKED WEBSITES/MOBILE APPLICATIONS. WE HOLD NO LIABILITY FOR:
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ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR MATERIALS.
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PERSONAL INJURY OR PROPERTY DAMAGE FROM YOUR USE OF THE SERVICES.
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UNAUTHORIZED ACCESS TO OUR SERVERS OR YOUR STORED INFORMATION.
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INTERRUPTIONS OR CESSATIONS OF TRANSMISSION.
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VIRUSES OR OTHER HARMFUL CONTENT TRANSMITTED THROUGH THE SERVICES.
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ERRORS OR OMISSIONS IN CONTENT OR MATERIALS, OR ANY LOSSES FROM USING POSTED CONTENT.
WE DON'T ENDORSE, GUARANTEE, OR TAKE RESPONSIBILITY FOR THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED THROUGH THE SERVICES, HYPERLINKED WEBSITES, OR FEATURED BANNERS. WE WON'T BE INVOLVED IN OR MONITOR TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS. AS WITH ANY PURCHASE, USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
15. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, WE, THE COMPANY, AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, WILL NOT BE LIABLE FOR:
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INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF LEGAL THEORY OR PRIOR NOTICE OF SUCH POSSIBILITIES.
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DAMAGES ARISING FROM HACKING, TAMPERING, OR UNAUTHORIZED ACCESS TO THE WEBSITE, SERVICES, OR INFORMATION CONTAINED THEREIN.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR SERVICES DURING THE TWELVE MONTHS PRECEDING YOUR CLAIM.
ADDITIONALLY, UNDER TEXAS LAW:
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WE AND OUR AFOREMENTIONED AFFILIATES, ETC., WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES, LINKED WEBSITES, OR THEIR CONTENT. THIS INCLUDES DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. EXAMPLES INCLUDE PERSONAL INJURY, EMOTIONAL DISTRESS, LOST PROFITS, LOSS OF DATA, ETC., REGARDLESS OF THE LEGAL THEORY (INCLUDING NEGLIGENCE OR BREACH OF CONTRACT).
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OUR LIABILITY IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID US, IF ANY.
PLEASE NOTE:
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TEXAS LAW ALLOWS CERTAIN LIMITATIONS ON WARRANTIES AND DAMAGES. HOWEVER, SOME OTHER STATE OR INTERNATIONAL LAWS MAY NOT.
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IF THESE OTHER LAWS APPLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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16. INDEMNIFICATION
You agree to indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, losses, expenses, liabilities, damages, and costs (including attorneys' fees) arising out of or relating to:
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Your use of the Services.
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Your breach of these Legal Terms. This includes, but is not limited to:
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Breaching any representations or warranties you made in these terms.
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Violating the rights of a third party, including intellectual property rights.
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Any harmful act towards another user you connected with through the Services.
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We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims, at your expense.
We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.
17. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. More information: PRIVACY POLICY
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18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
19. MISCELLANEOUS
Waiver, Severability, and Assignment of Rights.
These Legal Terms, along with any policies or operating rules posted by us on the Services, constitute the entire agreement between you and us regarding your use of the Services and govern your use of the Services. Our failure to enforce any provision of these Legal Terms will not eliminate our right to enforce it later. If any provision or part of a provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision or part of the provision is considered severable from these Legal Terms and will not affect the validity and enforceability of the remaining provisions. We may assign any or all of our rights and obligations under these Legal Terms to others at any time. We shall not be responsible for any loss, damage, delay, or failure to perform caused by events beyond our reasonable control. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them and you waive any defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Amendments. We reserve the right to make changes to these Terms from time to time. Unless we expressly state otherwise, the amended Terms will be effective immediately. Your continued use of the Services after the changes are posted signifies your acceptance of the new Terms. If you don't agree to the amended Terms, you must stop using the Services.
Force Majeure (and other Acts of God). We shall not be considered to be in breach or default of these Terms, and shall not be liable for any cessation, interruption, or delay in the performance of our Services or other obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or of the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar event that is beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than sixty days in the aggregate, we may immediately terminate our Services and shall have no liability for, or as a result of, any such termination.
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20. CONTACT US
To resolve a complaint regarding the Services or if you have any questions about these Legal Terms, please contact us at:
By email: contact@aimfluance.com
By visiting this page on our website: Contact