Privacy Policy
At Afri, safeguarding your privacy is our utmost priority. We prioritize your privacy throughout the design and development of our services and products, allowing you to trust them wholeheartedly and focus on forging meaningful connections.
We understand and appreciate the trust you place in us when sharing your information, and we take this responsibility seriously.
Our Pledge to Privacy: Our products and services are thoughtfully designed with your privacy as a fundamental consideration. We engage experts from various domains, including legal, security, engineering, and product design, to ensure that privacy remains at the forefront of our decision-making processes.
Transparency is Key: We recognize that privacy policies often suffer from lack of clarity and complicated language, which can be a source of frustration. We take a different approach by striving to present our Privacy Policy and related documents in simple and understandable language. Our aim is for you to read and comprehend our policies, gaining a clear understanding of our privacy practices.
Dedicated to Security: We maintain dedicated teams focused on upholding the safety and security of your data. Through ongoing security updates and investments in our security measures, we continuously enhance the protection of your information.
Your privacy matters to us, and we are committed to maintaining the highest standards of privacy, transparency, and security in order to earn and retain your trust.
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PRIVACY POLICY
Greetings and welcome to the Privacy Policy of AFRI. We sincerely appreciate your effort in reviewing it as we value the trust you place in us. Our commitment is to maintain that trust by ensuring you have a clear understanding of the information we collect, the reasons behind its collection, how it is utilized, and the choices available to you regarding your information. This Policy has been crafted to communicate our privacy practices in straightforward language, minimizing the use of complex legal and technical terminology.
Effective as of July 19, 2023, this Privacy Policy governs our practices.
1. WHO WE ARE
The entity accountable for safeguarding your information in accordance with this Privacy Policy is Afri Dating USA.
2. WHERE THIS PRIVACY POLICY APPLIES
This Privacy Policy is applicable to the websites, apps, events, and other services offered under the AFRI brand. For ease of understanding, we collectively refer to these as our "services" throughout this Privacy Policy. To ensure absolute clarity, we have included links to this Privacy Policy on all relevant services.
Please note that certain services may have their own distinct privacy policies. If a specific service has its own privacy policy, that policy will take precedence over this Privacy Policy.
3. INFORMATION WE COLLECT
In order to facilitate the development of meaningful connections, it is essential for us to gather certain information about you. This includes basic profile details and your preferences regarding the individuals you would like to meet. Additionally, we collect information regarding your usage of our services, such as access logs. We may also obtain information from third parties, such as when you access our services through your social media account or import information from your social media account to complete your profile. If you require further details, we provide a more comprehensive explanation below.
Information you give us
When using our services, you have the option to provide us with specific information. This includes:
Naturally, we also process your conversations with other users and the content you publish within the services as necessary for their operation.
Information we receive from others
In addition to the information you may provide us directly, we receive information about you from others, including:
Users
Users may provide information about you as they use our services, for instance as they interact with you or if they submit a report involving you.
Social Media
You have the option to share information with us through your social media accounts. For example, if you choose to create or log into your AFRI account using your social media or other accounts (such as Facebook, Google, or Apple), or if you decide to upload information, such as photos, from your social media accounts (like Facebook or Instagram), onto our services.
Other Partners
We may obtain information about you from our partners in certain circumstances. For instance, if AFRI accounts can be created through a partner's service, they may share registration information with us. Similarly, when AFRI ads are displayed on a partner's service, they may provide us with insights into the success of the advertising campaign.
In accordance with applicable laws, we may also receive information about individuals who are suspected or convicted of engaging in malicious activities from third parties. This information assists us in maintaining the safety and security of our users.
Information Generated When Using Our Services
When utilizing our services, various data is generated regarding your activity and the devices you use. Here are further details:
Usage Information: Your interactions with our services, such as logging in, feature usage, actions taken, displayed information, referral webpages, and interactions with other users, are collected. This includes the users you connect and interact with, message exchanges, and the volume of messages sent and received.
Device Information: We collect information about the device(s) you use to access our services, including IP address, device ID and type, app settings and characteristics, app crashes, advertising IDs (randomly generated numbers that can be reset in device settings), and identifiers associated with cookies or other technologies that uniquely identify a device or browser.
Other Information with Your Consent: With your explicit permission, we may collect precise geo-location data (latitude and longitude). This collection may occur in the background, even when you are not actively using the services, provided you have granted permission. If you decline permission, we will not collect your precise geo-location. Additionally, if you consent, we may collect photos and videos for publishing or participating in streaming features on our services.
Cookies and Similar Data Collection Technologies: We utilize cookies and similar technologies (e.g., web beacons, pixels, SDKs) to recognize you and/or your device(s). Please note that while some web browsers offer a "Do Not Track" (DNT) feature, and DNT signals may be sent, our current response to such signals may vary as DNT standards are not yet uniform.
How We Use Information
We use your information primarily to deliver and enhance our services. Additionally, we employ it to ensure your safety, provide relevant advertising, and improve our offerings. Here are specific reasons for using your information:
A. Administering Your Account and Providing Services:
B. Facilitating Connections with Other Users:
C. Operating Advertising and Marketing Campaigns:
D. Improving and Developing Services:
E. Fraud Detection and Prevention:
F. Ensuring Legal Compliance:
How We Share Information
As our aim is to facilitate meaningful connections within African communities, the primary sharing of user information occurs with other users. We also share information with service providers, partners who support our service operations, other Match Group companies for specific reasons outlined below, and, in some cases, legal authorities. Here are more details on information sharing practices
With other users
When you voluntarily disclose information on our service, including your public profile, it is shared with other users. It is important to exercise caution and ensure that the content you share is something you are comfortable being visible to others.
You have the option to control the visibility of your profile, specific content, or information by adjusting your privacy settings. If you choose to limit the audience for certain parts of your profile or specific content, it will be visible according to the settings you have chosen.
In the event that someone submits a report regarding your activities, such as a claim of violating our Terms of Use or Community Guidelines, we may communicate the actions, if any, taken as a result of their report to the person who made the report.
With Our Service Providers and Partners:
We engage third-party service providers to assist us in operating and improving our services. These partners support us in various tasks such as data hosting, maintenance, analytics, customer care, marketing, advertising, payment processing, and security operations. We may also share information with partners involved in distributing and advertising our services. For instance, we may share limited, non-human readable information about you in hashed form with advertising partners. Before engaging any service provider or partner, we conduct a thorough vetting process, ensuring they adhere to strict confidentiality obligations.
Within Our Network:
We share your information with affiliated companies for specific legitimate purposes, including:
For Corporate Transactions:
In the event of a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, or any change of ownership or control, we may transfer your information, either in whole or in part.
With Law Enforcement/When Required by Law:
We may disclose your information if necessary:
To Enforce Legal Rights:
We may share information:
With Your Consent or at Your Request:
If you provide us with consent, we may share your information with third parties. We will be transparent about the reasons for sharing the information.
Non-Personal and Hashed Information:
We may utilize and share non-personal information (information that does not identify you) and personal information in hashed, non-human readable form under the circumstances described above. This information may be shared with other Match Group companies and third parties, including advertisers, for targeted advertising purposes and analysis. We may also combine this information with additional non-personal or hashed personal information from other sources.
Your Rights:
We want you to have control over your information. Here are some options and tools available to you:
Privacy Rights:
Applicable privacy laws may grant you certain rights regarding your personal information, such as the right to review the data we hold about you (referred to as the right of access, right of portability, right to know, or similar terms). You can exercise this right by submitting a request. If you believe the information we hold about you is inaccurate or no longer necessary, you can request its rectification, deletion, objection, or restriction of processing. To exercise these rights, contact us. We may request proof of identity for your protection and that of our users.
Keep in mind that we may reject requests that are unlawful, invalid, or infringe on the rights of others, or if we are unable to authenticate you. If you request information related to another user, such as copies of messages received from them through our service, the other user must provide written consent before releasing the information. We may also ask for proof of identity from the other user.
We may not be able to accommodate certain objections or restrictions on the processing of personal information if it prevents us from providing our service, such as not having access to your date of birth to ensure compliance with age requirements. In some jurisdictions, you have the right to lodge a complaint with the appropriate data protection authority if you have concerns about our processing of your personal information.
How Long We Retain Your Information:
We retain your personal information for as long as necessary for legitimate business purposes and as permitted by applicable law. If you decide to stop using our services, you can close your account, and your profile will no longer be visible to other users. Note that we automatically close accounts that have been inactive for two years. After account closure, we delete your personal information according to the following guidelines:
Children's Privacy:
Our services are intended for individuals who are at least 17 years old. We do not permit individuals under the age of 16 to use our platform. If you suspect a user is under the age of 16, please report it through our reporting mechanism.
Job Candidates, Contractors, and Vendor Representatives:
We process the personal information of job candidates, contractors, and vendor representatives as part of our recruitment, talent management operations, and management of services provided by contractors and vendors. If you fall into these categories, certain terms of this Privacy Policy apply to the processing of your personal information. For job applicants, we process information provided in job applications and may share it with service providers and Match Group companies. We retain personal information for the duration necessary for these purposes.
Privacy Policy Changes:
As we continuously explore new ways to facilitate meaningful connections, our data practices and policies may change. We will notify you in advance of any material changes so that you have time to review them.
How to Contact Us:
If you have any questions about this Privacy Policy, you have various options to contact us.
Online: here
Terms of Use
Last revised on 06/30/2023
Welcome to AFRI, operated by AFRI, LLC ("us," "we," the "Company," or "AFRI"). For the purpose of this agreement, we may collectively be referred to as the "Parties" or individually as a "Party."
Attention California subscribers: You have the right to cancel your subscription without penalty or obligation within three business days from the date of your subscription. If you subscribed using your Apple ID, refunds are handled by Apple and not AFRI. To request a refund, please visit https://getsupport.apple.com. If you subscribed using your Google Play Store account or through the AFRI website, please contact support at support@datefri.com to initiate the refund process.
1. Acceptance of Terms of Use Agreement
By creating an AFRI account or using any AFRI service, whether through a mobile device, mobile application, or computer (collectively referred to as the "Service"), you acknowledge and agree to be bound by the following: (i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, Safety Tips, and Community Guidelines, which are incorporated into this Agreement by reference, and (iii) any additional terms disclosed to you if you purchase or have purchased additional features, products, or services offered on the Service (collectively referred to as this "Agreement"). If you do not accept and agree to all the terms of this Agreement, please refrain from accessing or using the Service.
Please take the time to carefully review the dispute resolution provisions in Section 15 below. These provisions govern the resolution of claims between you and AFRI. They include a mandatory pre-arbitration informal dispute resolution process, an arbitration agreement, small claims court election, class action waiver, additional procedures for mass arbitration filings, and a jury trial waiver that impact your rights. Arbitration typically involves less discovery and appellate review compared to court proceedings.
We reserve the right to make changes to this Agreement and the Service periodically. Such changes may be made to reflect legal requirements, introduce new features, or update business practices. The most recent version of this Agreement will be available on the Service under Settings and on dateafri.com, and it is your responsibility to regularly check for the most recent version. The latest version of the Agreement will apply. If the changes include significant modifications to your rights or obligations, we will notify you in advance of the changes (unless prohibited by applicable law) through reasonable means, such as notification within the Service or via email. If you continue to use the Service after the changes become effective, it signifies your agreement to the revised Agreement. This Agreement supersedes any prior agreements (unless explicitly stated herein) and governs your entire relationship with AFRI, including events, agreements, and conduct preceding your acceptance of this Agreement.
2. Eligibility
You must be at least 17 years old to create an account on AFRI and use the Service. By creating an account and using the Service, you confirm and warrant that:
If you no longer meet these eligibility requirements at any time, your authorization to access the Service or its systems will automatically be revoked, and you must delete your account immediately.
3. Your Account
To use AFRI, you have several sign-in options, including telephone number, Apple login, or Facebook login. If you choose to sign in using your Facebook account, you grant AFRI permission to access and use certain information from your public Facebook profile. For more details on the information we collect from you and its usage, please refer to our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials used to sign up for AFRI, and you are solely accountable for all activities conducted under those credentials. If you suspect that someone has gained unauthorized access to your account, please contact us immediately.
4. Modifying the Service and Termination
AFRI continually strives to improve the Service and introduce additional features that enhance user experience. This means we may add new product features or enhancements and remove certain features. If these actions do not significantly impact your rights or obligations, we may not provide you with prior notice. In exceptional circumstances, such as safety or security concerns, we may temporarily suspend the Service without advance notice.
You have the option to terminate your account at any time, for any reason, by following the instructions in the "Settings" section of the Service. However, if you have made in-app purchases through a third-party payment account like Apple's App Store or iTunes Store, or the Google Play Store, you must manage those purchases through the respective account to avoid additional billing.
AFRI reserves the right to terminate your account without notice if we believe you have violated this Agreement. In such cases, you will not be entitled to any refund for purchases. Termination of your account will result in the termination of this Agreement.
5. Safety and Interactions with Other Members
You agree to treat other users with courtesy and respect, both within and outside the AFRI Service. This includes being respectful when communicating with our customer care representatives or other employees. While AFRI encourages a respectful member experience, utilizing features like double opt-in, which allows members to communicate only after mutual interest is expressed, we cannot be held responsible for the conduct of any member on or off the Service. Exercise caution in all interactions with other members, especially if you choose to communicate outside the Service or arrange in-person meetings. Additionally, familiarize yourself with and adhere to AFRI's Safety Tips before using the Service. Under no circumstances should you provide your financial information (e.g., credit card or bank account details) or wire/send money to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. PLEASE NOTE THAT AFRI DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR INQUIRE INTO THEIR BACKGROUND. AFRI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT OR COMPATIBILITY OF MEMBERS. AFRI RESERVES THE RIGHT, AND YOU AUTHORIZE AFRI, TO CONDUCT ANY CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING PUBLICLY AVAILABLE RECORDS OBTAINED BY AFRI OR WITH THE ASSISTANCE OF A CONSUMER REPORTING AGENCY. YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR SUCH PURPOSES.
6. Rights AFRI Grants You
AFRI grants you a personal, non-exclusive, non-transferable, revocable, and limited license to access and use the Service worldwide. This license is solely for the purpose of using and enjoying the benefits of the Service as intended by AFRI and permitted by this Agreement. However, this license and your authorization to access the Service will be automatically revoked if you engage in any of the following activities:
AFRI reserves the right to investigate and take legal action in response to any illegal or unauthorized use of the Service, including terminating your account.
Any software provided to you by AFRI may automatically download and install upgrades, updates, or new features. You may be able to adjust these automatic downloads through your device's settings.
7. Rights You Grant AFRI
By creating an account, you grant AFRI a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, reformat, incorporate into other works, advertise, distribute, and make available to the public any information you authorize AFRI to access from third-party platforms such as Facebook, Google, or Apple. This includes any content you post, upload, display, or otherwise make available (referred to as "Content") on the Service or transmit to other members. AFRI's license to your Content is non-exclusive, except for derivative works created through the use of the Service, for which AFRI would hold an exclusive license. Additionally, you authorize AFRI to act on your behalf regarding the infringement of your Content taken from the Service by other members or third parties, including sending notices pursuant to 17 U.S.C. § 512(c)(3) (DMCA Takedown Notices) if your Content is used outside the Service without authorization. This license is subject to your rights under applicable laws, such as personal data protection laws if your Content contains personal information as defined by those laws. The purpose of this license is to operate, develop, provide, and improve the Service, as well as to conduct research and development of new features. You acknowledge that any Content you place or authorize AFRI to place on the Service may be viewed by other members and any person visiting or participating in the Service.
By creating an account, you confirm that all information you provide, including information from your Facebook account, is accurate, truthful, and that you have the right to post such Content on the Service and grant the license to AFRI as described above.
You understand and agree that AFRI may monitor or review any Content you post on the Service. AFRI reserves the right to delete any Content, in whole or in part, that violates this Agreement or may harm the reputation of the Service. When communicating with AFRI's customer care representatives, you agree to be respectful and polite. AFRI reserves the right to immediately terminate your account if your behavior towards any customer care representative or employee is threatening, harassing, or offensive.
By submitting suggestions or feedback to AFRI regarding the Service, you agree that AFRI may use and share such feedback for any purpose without compensating you. AFRI may access, store, and disclose your account information and Content if required by law, to perform its agreement with you, respond to claims, requests for customer service, protect the rights, property, or safety of AFRI or others, or as otherwise authorized by you.
8. Community Rules
By using the Service, you agree to comply with the following community rules:
AFRI reserves the right to investigate and terminate your account without refund for violating this Agreement, misusing the Service, or engaging in inappropriate or unlawful behavior, both on and off the Service. AFRI may also terminate your account for violating the applicable terms of AFRI.
9. Other Members' Content
While AFRI reserves the right to review and remove Content that violates this Agreement, the responsibility for such Content lies solely with the member who posted it. AFRI cannot guarantee that all Content will comply with this Agreement. If you come across any Content on the Service that violates this Agreement, please report it within the Service or contact us through our contact form.
10. Purchases
General: AFRI may offer products and services for purchase, also known as "in-app purchases," through authorized platforms such as the App Store, Google Play Store, carrier billing, AFRI direct billing, or other payment platforms. When making an in-app purchase, you will be asked to confirm the purchase with the applicable payment provider, and your Payment Method (such as your card or a third-party account like Google Play Store or the App Store) will be charged for the selected service(s), including any applicable sales or similar taxes.
Auto-Renewal: If you subscribe to an auto-recurring periodic subscription through an in-app purchase, your Payment Method will be billed for the subscription until you cancel. After your initial subscription period and subsequent renewal periods, your subscription will automatically continue for an additional equivalent period at the agreed-upon price. Your card payment information will be stored and used for automatic payments in accordance with this Agreement.
To cancel the automatic renewal or make changes to your subscription, you must log in to your third-party account or access the settings on AFRI, following the provided instructions for termination or cancellation. Deleting your AFRI account or the AFRI application from your device does not cancel your subscription; you must terminate or cancel your subscription through AFRI or the third-party account. If you terminate or cancel your subscription, you can continue to use your subscription until the end of the current term, and it will not renew thereafter.
Additional Terms for Direct Payment to AFRI: If you pay AFRI directly, AFRI may rectify any billing errors or mistakes, even if payment has already been requested or received. If you initiate a chargeback or reverse a payment made directly to AFRI, AFRI may terminate your account at its discretion.
You can update your Payment Method information by visiting AFRI and accessing the Settings section. If a payment fails due to expiration, insufficient funds, or other reasons, and you do not update your Payment Method information or cancel your subscription, you will remain responsible for any outstanding amounts, and AFRI is authorized to continue billing the Payment Method, as updated. This may result in changes to your payment billing dates. You also authorize AFRI to obtain updated or replacement expiration dates and card numbers for your credit or debit card from your card issuer. The terms of your payment will be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If you reside outside of the Americas, your payment to AFRI will be made through AFRI LLC.
Cancellation and Refunds for Subscribers in Certain States: Subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, and Wisconsin are entitled to cancel their subscription without penalty or obligation within three business days following the subscription date. In the event of the subscriber's death during the subscription period, the estate is entitled to a refund for the portion of the payment allocated to the period after the subscriber's death. If the subscriber becomes disabled (preventing the use of AFRI's services) before the subscription period ends, they are entitled to a refund for the portion of the payment allocated to the period after the disability, provided notice is given to the company in the same manner as refund requests. Please note that purchases of Virtual Items are final and non-refundable.
To request a refund:
If you made a purchase using your Apple ID, refunds are handled by Apple, not AFRI. To request a refund, go to the App Store, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through AFRI directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Tinder (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: AFRI, Attn: Cancellations, via
11. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request using the form here.
If you contact us regarding alleged copyright infringement, please be sure to include the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
a description of the copyrighted work that you claim has been infringed.
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address, and the copyright owner’s identity.
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
AFRI will terminate the accounts of repeat infringers.
12. Disclaimers.
AFRI PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AFRI DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE, OR APPROPRIATE FOR YOUR PURPOSES.
AFRI ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
AFRI DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.
13. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. AFRI is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. AFRI is not responsible or liable for such third parties’ terms or actions.
14. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AFRI, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF ANY MEMBERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF AFRI HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AFRI’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO AFRI DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST AFRI, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15. Dispute Resolution Section
In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except were prohibited by applicable law.
Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction.
15a. INFORMAL DISPUTE RESOLUTION PROCESS
If you are dissatisfied with our Service for any reason, please contact AFRI Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against AFRI, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15, “AFRI” shall include our affiliates, employees, licensors, and service providers.
AFRI values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to AFRI, admin@dateafri.com, USA. If AFRI has a Dispute with you, AFRI agrees to first send a Notice to you at your most recent email address on file with us, or, if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables AFRI to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. AFRI’s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and AFRI agree to then negotiate in good faith to resolve the Dispute. As part of these good faith negotiations, if AFRI requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, if you request a telephone conference to discuss AFRI’s Dispute with you, AFRI agrees to have one representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time frame, you or AFRI may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).
Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and AFRI engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.
15b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND AFRI EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND AFRI EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST AFRI. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND AFRI AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT
Any dispute, claim, or controversy between you and AFRI (that is not resolved informally by AFRI Support Service or as provided under subsection 15a above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Service, or our relationship with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement. Notwithstanding the foregoing, either you or AFRI may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you or AFRI challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to AFRI’s other contracting parties.
Any court proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 17. In the event Dispute Resolution Section 15 is for any reason held to be unenforceable, any litigation against AFRI (except for small claims court actions) may be commenced only in the federal or state courts located in Jackson County, MO. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.
15d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS
This subsection 15d applies to Disputes that are submitted to NAM after fully completing the informal Notice and Dispute resolution process described in subsection 15a above and when no small claims court election is made by either Party. Any arbitration between you and AFRI shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Dispute Resolution Section 15. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. If NAM is unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume NAM’s duties under this Agreement.
The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section:
Commencing an Arbitration – To initiate an arbitration, you or AFRI shall send to NAM a demand for arbitration (“Demand for Arbitration”) that describes the claim(s) and request for relief in detail, consistent with the requirements in this Agreement and NAM Rules. If you send a Demand for Arbitration, you shall also send it to AFRI LLC admin, at admin@datefri.com within 10 days of delivery of the Demand for Arbitration to NAM. If AFRI sends a Demand for Arbitration, we will also send it to your mailing address on file with us within the same 10-day period. If your mailing address is unavailable, we will send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Dispute Resolution Section 15 or if either Party elects small claims court as set forth above.
Fees – The payment of all fees shall be governed by the NAM Rules, except to the extent that the case is a part of a Mass Filing (as defined below) or the NAM fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached Section 15 of this Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is otherwise permitted under applicable law. Upon a showing to AFRI of your financial hardship we will consider a good faith request made by you to pay your portion of the applicable consumer portion of the filing fee. AFRI is committed to ensuring that arbitration costs to consumers do not serve as a barrier to the adjudication of disputes. If AFRI initiates an arbitration against you, we shall pay all fees.
The Arbitrator – The arbitration shall be conducted by a single, neutral arbitrator (the “Claim Arbitrator”), as assisted by any Process Arbitrator appointed under NAM Rules. (The term “Arbitrator” applies to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to this Agreement. In the event NAM Rules conflict with this Agreement, the terms of this Agreement shall control. If the Arbitrator determines that strict application of any term of Section 15 of this Agreement (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Agreement (the “Modified Term”). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.
Dispositive Motions – The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator’s appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties’ pleadings and the evidence submitted.
Discovery – Each Party may (a) serve up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other Party provide verified responses to no more than 5 relevant interrogatories (including subparts). Unless both Parties agree otherwise, no other forms of discovery (including depositions) may be utilized. Any such discovery requests must be served on the other Party within 21 days after the Claim Arbitrator’s appointment. The responding Party shall provide the requesting Party with all responsive, non-privileged documents, responses signed by the Party themselves to the requested interrogatories, and/or any objections to the requests within 30 days after receipt of the requests, or, in the event of an objection to any discovery request, 30 days after the Claim Arbitrator resolves the dispute. In the event either Party requests that the Claim Arbitrator consider a dispositive motion on the pleadings, such written discovery response deadlines shall be extended until 30 days following the Claim Arbitrator’s final decision on such dispositive motion. Any disputes about discovery or requests for extensions shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery dispute or extension request, the Claim Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
Confidentiality – Upon either Party’s request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.
Arbitration Hearing – You and AFRI are entitled to a fair evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree unless a Party requests an oral hearing within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing. If Party’s failure to personally attend the hearing, without a continuance ordered by the Claim
Arbitrator for good cause, will result in a default judgment taken against that Party.
Arbitration Award – Regardless of the format of the arbitration, the Claim Arbitrator shall provide a reasoned decision, in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and AFRI and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Claim Arbitrator may, however, choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the NAM Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.
Offer of Settlement – The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an award on the claim. If the award is issued in the opposing Party’s favor and is less than the Respondent’s settlement offers or if the award is in the Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or caselaw prohibits the flipping of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be entitled to for the cause of action under which it is suing.
Mass Filing – If, at any time, 25 or more similar demands for arbitration are asserted against AFRI or related parties by the same or coordinated counsel or entities (“Mass Filing”), consistent with the definition and criteria of Mass Filings set forth in the NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”, available at https://www.namadr.com/resources/rules-fees-forms/), the additional protocols set forth below shall apply.
i. If you or your counsel file a Demand for Arbitration that fits within the definition of Mass Filing referred to above, then you agree that your Demand for Arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. You also acknowledge that the adjudication of your Dispute might be delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases are chosen to proceed until your case is chosen for a bellwether proceeding.
ii. NAM’s Mass Filing Rules shall apply if your Dispute is deemed by NAM, in its sole discretion pursuant to its Rules and this Dispute Resolution Section, to be part of a Mass Filing. Such election for NAM’s Mass Filing Rules and related fee schedule must be made by either you or AFRI in writing and submitted to NAM and all Parties.
iii. Bellwether Proceedings. Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. Counsel for the Mass Filings claimants (including you) and counsel for AFRI shall each select 15 Demands for Arbitration (30 total), and no more than 30 arbitrations shall be filed, processed, adjudicated, or pending at the same time, with each of the 30 individual arbitrations presided over by a different Claim Arbitrator, in a first set of bellwether proceedings. During this time, no other Demands for arbitration that are part of the Mass Filings may be filed, processed, adjudicated, or pending. If the Parties are unable to resolve the remaining Demands for Arbitration after the first set of bellwether proceedings are arbitrated or otherwise resolved, then counsel for the Claimants and counsel for AFRI shall each select an additional 15 Demands for Arbitration (30) total to be filed, processed, and adjudicated as individual arbitrations, with each of the 30 arbitrations presided over by a different Claim Arbitrator, in a second set of bellwether proceedings. During this time, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, or adjudicated. This staged process of bellwether proceedings, with each set including 30 Demands for Arbitration adjudicated on an individual basis, shall continue until each Demand included in the Mass Filings (including your Demand for Arbitration) is adjudicated or otherwise resolved. Fees associated with a Demand for Arbitration included in the Mass Filings, including fees owed by AFRI and the claimants (including you), shall only be due after your Demand for Arbitration is chosen as part of a set of bellwether proceedings and therefore properly designated for filing, processing, and adjudication. Any applicable statute of limitations shall be tolled beginning when you initiate the informal dispute resolution process set forth in subsection 15a of the Agreement, and if the first Mass Filings’ Demands for Arbitration are chosen for the initial set of bellwether proceedings have been filed, your claims will remain tolled until your Demand for Arbitration is decided, withdrawn, or is settled. A court of competent jurisdiction located in a venue allowed under Section 17 of the Agreement shall have the power to enforce this subsection.
iv. You and AFRI agree that we each value the integrity and efficiency of the arbitration and small claims court process and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and AFRI acknowledge and agree to act in good faith to ensure the fair resolution of genuine and sincere Disputes. The Parties further agree that application of these Mass Filings procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
15e. FUTURE CHANGES AND RETROACTIVE APPLICATION
This Dispute Resolution Section 15 applies to all Disputes between the Parties, including for any claims that accrued against you or AFRI prior to the time of your consent to this Agreement and to any claims that accrue against you or AFRI after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 15 as to claims that have accrued against you or against AFRI prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement, to the following email address: support@dateafri.com. You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s) and should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 15. Please note: if you opt out of the retroactive application of this Dispute Resolution Section 15, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against you or AFRI after your consent to this Agreement in accordance with this Dispute Resolution Section.
16. Governing Law.
MO law and the Federal Arbitration Act will apply to any Dispute (except were prohibited by law).
To the fullest extent allowable by law, the laws of MO, U.S.A., without regard to its conflict of laws rules, shall apply to any Dispute arising out of or relating to this Agreement, the Service, or your relationship with AFRI. Notwithstanding the foregoing, the Dispute Resolution Process set forth in Section 15 above shall be governed by the Federal Arbitration Act.
17. Venue/Forum Selection.
To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Jackson County, MO (except for claims filed in small claims court).
Except where prohibited by law and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, to the Service, or to your relationship with AFRI that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Jackson County, MO, U.S.A. You and AFRI consent to the exercise of personal jurisdiction of courts in the State of MO and waive any claim that such courts constitute an inconvenient forum.
18. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless AFRI, our affiliates, and there and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
19. Entire Agreement; Other.
This Agreement, which includes the Privacy Policy, Cookie Policy, Safety Tips, Community Guidelines, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and AFRI regarding your relationship with AFRI and the use of the Service, with the following exception: anyone who opted out of the retroactive application of Section 15 is still subject to and bound by any prior agreements to arbitrate with AFRI as well as this agreement to arbitrate on a going forward basis. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of AFRI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your AFRI account is non-transferable and all your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created because of this Agreement, and you may not make any representations on behalf of or bind AFRI in any manner.
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