revised on July 11, 2012
NOTE: YOU ARE
CONCLUDING A LEGALLY BINDING AGREEMENT.
User Agreement has been updated;
mission of Affluence is to connect the world's professionals to
enable them to be more productive and successful. To achieve our
Mission, we make services available through our website, mobile
applications, and developer platform, to help you, your connections,
and millions of other professionals meet, exchange ideas, learn, make
deals, find opportunities or employees, work, and make decisions in a
network of trusted relationships and groups.
agree that by registering on Affluence, or by using the our website,
including any mobile applications, developer platform, premium
services, or other information provided as part of the Affluence
services (collectively "Affluence" or the "Services"), you
are entering into a legally binding agreement with Affluence
Corporation, 2001 Butterfield Rd., Suite 1070, Downers Grove, IL
60515, USA if you reside in the United States, and with Affluence
2001 Butterfield Rd., Suite 1070, Downers Grove, IL 60515, USA, if
you reside outside the United States ("we", "us", "our,"
and "Affluence") based on the terms of this Affluence User
incorporated by reference (collectively referred to as the
"Agreement") and become a Affluence user ("User").
you are using Affluence on behalf of a company or other legal entity,
you are nevertheless individually bound by this Agreement even if
your company has a separate agreement with us. If you do not want to
register an account and become an Affluence User, do not conclude the
Agreement, do NOT click "Join Affluence" and do not access, view,
download or otherwise use any Affluence webpage, information or
services. By clicking "Join Now," you acknowledge that you have
read and understood the terms and conditions of this Agreement and
that you agree to be bound by all of its provisions. By clicking
"Join Now," you also consent to use electronic signatures and
acknowledge your click of the "Join Now" button as one. Please
collectively referred to as Affluence's "Terms of Service."
laws and this Agreement
must comply with all applicable laws, the Agreement, as may be
amended from time to time with or without advance notice, and the
policies and processes explained in the following sections:
and DON'Ts (Section 10);
Regarding Content Posted on the Affluence Website
and warranty for your submissions to Affluence.
own the information you provide Affluence under this Agreement, and
may request its deletion at any time, unless you have shared
information or content with others and they have not deleted it, or
it was copied or stored by other users. Additionally, you grant
Affluence a nonexclusive, irrevocable, worldwide, perpetual,
unlimited, assignable, sublicenseable, fully paid up and royalty-free
right to us to copy, prepare derivative works of, improve,
distribute, publish, remove, retain, add, process, analyze, use and
commercialize, in any way now known or in the future discovered, any
information you provide, directly or indirectly to Affluence,
including, but not limited to, any user generated content, ideas,
concepts, techniques or data to the services, you submit to
Affluence, without any further consent, notice and/or compensation to
you or to any third parties. Any information you submit to us is at
your own risk of loss as noted in Sections 2 and 3 of this Agreement.
providing information to us, you represent and warrant that you are
entitled to submit the information and that the information is
accurate, not confidential, and not in violation of any contractual
restrictions or other third party rights. It is your responsibility
to keep your Affluence profile information accurate and updated.
be eligible to use the Service, you must meet the following criteria
and represent and warrant that you: (1) are 18 years of age or older;
(2) are not currently restricted from the Services, or not otherwise
prohibited from having a Affluence account, (3)have an income of at
least $200,000 per year or a tangible net worth over $1,000,000 (4)
are not a competitor of Affluence or are not using the Services for
reasons that are in competition with Affluence; (5) will only
maintain one Affluence account at any given time; (6) have full power
and authority to enter into this Agreement and doing so will not
violate any other agreement to which you are a party; (7) will not
violate any rights of Affluence, including intellectual property
rights such as copyright or trademark rights; and (8) agree to
provide at your cost all equipment, software, and internet access
necessary to use the Services.
agree to: (1) Keep your password secure and confidential; (2) not
permit others to use your account; (3) refrain from using other
Users' accounts; (4) refrain from selling, trading, or otherwise
transferring your Affluence account to another party; and (5) refrain
from charging anyone for access to any portion of Affluence, or any
information therein. Further, you are responsible for anything that
happens through your account until you close down your account or
prove that your account security was compromised due to no fault of
your own. To close your account, please visit Affluence's Support
indemnify us and hold us harmless for all damages, losses and costs
(including, but not limited to, reasonable attorneys' fees and
costs) related to all third party claims, charges, and
investigations, caused by (1) your failure to comply with this
Agreement, including, without limitation, your submission of content
that violates third party rights or applicable laws, (2) any content
you submit to the Services, and (3) any activity in which you engage
on or through Affluence.
you purchase any services that we offer for a fee, either on a
one-time or subscription basis ("Premium Services"), you agree to
Affluence storing your payment card information. You also agree to
pay the applicable fees for the Premium Services (including, without
limitation, periodic fees for premium accounts) as they become due
plus all related taxes, and to reimburse us for all collection costs
and interest for any overdue amounts. Your obligation to pay fees
continues through the end of the subscription period during which you
cancel your subscription. You may cancel your Premium Services here.
Affluence's refund policy is explained here. You also acknowledge
that Affluence's Premium Services are subject to this Agreement and
any additional terms related to the provision of the Premium Service.
us of acts contrary to the Agreement.
you believe that you are entitled or obligated to act contrary to
this Agreement under any mandatory law, you agree to provide us with
detailed and substantiated explanation of your reasons in writing at
least 30 days before you act contrary to this Agreement, to allow us
to assess whether we may, at our sole discretion, provide an
alternative remedy for the situation, though we are under no
obligation to do so.
and Service Messages.
purposes of service messages and notices about the Services to you,
Affluence may place a banner notice across its pages to alert you to
certain changes such as modifications to this Agreement.
Alternatively, notice may consist of an email from Affluence to an
email address associated with your account, even if we have other
contact information. You also agree that Affluence may communicate
with you through your Affluence account or through other means
including email, mobile number, telephone, or delivery services
including the postal service about your Affluence account or services
associated with Affluence. Please review your Settings to control
what kind of messages you receive from Affluence. You acknowledge and
agree that we shall have no liability associated with or arising from
your failure to do so maintain accurate contact or other information,
including, but not limited to, your failure to receive critical
information about the Service.
may offer the Services through applications built using Affluence's
platform ("Affluence Applications"). Examples of Affluence
Applications include its smart phone applications (Affluence for
iPhone or Affluence for Blackberry), and Affluence's "Designated"
buttons and other interactive plugins distributed on websites across
the web. Affluence Applications are distinct from third party
Platform Applications addressed in Section 4.B. If you use an
Affluence Application or interact with a website that has deployed a
plugin, you agree that information about you and your use of the
Services, including, but not limited to, your device, your mobile
carrier, your internet access provider, your physical location,
and/or web pages containing Affluence plugins that load in your
browser may be communicated to us.
by importing any of your Affluence data through the Affluence
Application, you represent that you have authority to share the
transferred data with your mobile carrier or other access provider.
In the event you change or deactivate your mobile account, you must
promptly update your Affluence account information to ensure that
your messages are not sent to the person that acquires your old
number and failure to do so is your responsibility. You acknowledge
you are responsible for all charges and necessary permissions related
to accessing Affluence through your mobile access provider.
Therefore, you should check with your provider to find out if the
Services are available and the terms for these services for your
specific mobile devices.
by using any downloadable application to enable your use of the
Services, you are explicitly confirming your acceptance of the terms
of the End User License Agreement associated with the application
provided at download or installation, or as may be updated from time
Communication and Sharing (Affluence Groups, Answers, Updates,
Company Pages, etc.).
offers various forums such as Affluence Groups, Answers, and Network
Updates, where you can post your observations and comments on
designated topics. Affluence also enables sharing of information by
allowing users to post updates, including links to news articles and
other information such as job opportunities, product recommendations,
and other content to their profile and other parts of the site, such
as Affluence Groups and Affluence Company Pages.
members can create Affluence Groups and Company Pages for free,
however, Affluence may close or transfer Affluence Groups or Company
Pages, or remove content from them if the content violates this
Agreement or others' intellectual property rights.
note that ideas you post and information you share may be seen and
used by other Users, and Affluence cannot guarantee that other Users
will not use the ideas and information that you share on Affluence.
Therefore, if you have an idea or information that you would like to
keep confidential and/or don't want others to use, or that is
subject to third party rights that may be infringed by your sharing
it, do not post it to any Affluence Group, into your Network Updates,
or elsewhere on Affluence. AFFLUENCE IS NOT RESPONSIBLE FOR A USER'S
MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN
ANY AFFLUENCE COMMUNITY FORUMS SUCH AS THE AFFLUENCE BLOG, GROUPS OR
become a User as it is hereby incorporated into this Agreement by
reference, and governs our treatment of any information, including
personally identifiable information you submit to us. Please note
that certain information, statements, data, and content (such as
photographs) which you may submit to Affluence, or groups you choose
to join might, or are likely to, reveal your gender, ethnic origin,
nationality, age, and/or other personal information about you. You
acknowledge that your submission of any information, statements,
data, and content to us is voluntary on your part.
use of Affluence services, including our software, is subject to
export and re-export control laws and regulations, including the
Export Administration Regulations ("EAR") maintained by the
United States Department of Commerce and sanctions programs
maintained by the Treasury Department's Office of Foreign Assets
Control. You shall not â€” directly or indirectly â€” sell, export,
re-export, transfer, divert, or otherwise dispose of any software or
service to any end-user without obtaining the required authorizations
from the appropriate government authorities. You also warrant that
you are not prohibited from receiving US origin products, including
services or software.
submitting ideas, suggestions, documents, and/or proposals
("Contributions") to Affluence through its suggestion or
feedback webpages, you acknowledge and agree that: (a) your
Contributions do not contain confidential or proprietary information;
(b) Affluence is not under any obligation of confidentiality, express
or implied, with respect to the Contributions; (c) Affluence shall be
entitled to use or disclose (or choose not to use or disclose) such
Contributions for any purpose, in any way, in any media worldwide;
(d) Affluence may have something similar to the Contributions already
under consideration or in development; (e) you irrevocably assign to
Affluence all rights to your Contributions; and (f) you are not
entitled to any compensation or reimbursement of any kind from
Affluence under any circumstances.
the condition that you comply with all your obligations under this
Agreement, including, but not limited to, the Do's and Don'ts
listed in Section 10, we grant you a limited, revocable,
nonexclusive, nonassignable, nonsublicenseable license and right to
access the Services, through a generally available web browser,
mobile device or application (but not through scraping, spidering,
crawling or other technology or software used to access data without
the express written consent of Affluence or its Users), view
information and use the Services that we provide on Affluence
webpages and in accordance with this Agreement. Any other use of
Affluence contrary to our mission and purpose (such as seeking to
connect to someone you do not know or trust, or to use information
gathered from Affluence commercially unless expressly authorized by
Affluence) is strictly prohibited and a violation of this Agreement.
We reserve all rights not expressly granted in this Agreement,
including, without limitation, title, ownership, intellectual
property rights, and all other rights and interest in Affluence and
all related items, including any and all copies made of the Affluence
RIGHTS AND OBLIGATIONS.
as long as Affluence continues to offer the Services, Affluence shall
provide and seek to update, improve and expand the Services. As a
result, we allow you to access Affluence as it may exist and be
available on any given day and have no other obligations, except as
expressly stated in this Agreement. We may modify, replace, refuse
access to, suspend or discontinue Affluence, partially or entirely,
or change and modify prices for all or part of the Services for you
or for all our users in our sole discretion. All of these changes
shall be effective upon their posting on our site or by direct
communication to you unless otherwise noted. Affluence further
reserves the right to withhold, remove and or discard any content
available as part of your account, with or without notice if deemed
by Affluence to be contrary to this Agreement. For avoidance of
doubt, Affluence has no obligation to store, maintain or provide you
a copy of any content that you or other Users provide when using the
Party Sites and Developers.
may include links to third party web sites ("Third Party Sites")
on any of the sites registered to Affluence and elsewhere. Affluence
may also enables third party developers ("Platform Developers")
to create applications ("Platform Applications") that provide
features and functionality using data and developer tools made
available by Affluence through its developer platform.
are responsible for evaluating whether you want to access or use a
Third Party Site or Platform Application. You should review any
Platform Application before using it or sharing any information with
it, because you may give the operator permission to use your
information in ways we would not.
is not responsible for and does not endorse any features, content,
advertising, products or other materials on or available from Third
Party Sites or Platform Applications. Affluence also does not screen,
audit, or endorse Platform Applications. Accordingly, if you decide
to access Third Party Sites or use Platform Applications, you do so
at your own risk and agree that your use of any Platform Application
is on an "as-is" basis without any warranty as to the Platform
Developer's actions, and that this Agreement does not apply to your
use of any Third Party Site or Developer Application.
note: If you allow a Platform Application or Third Party Site to
authenticate to or connect with your Affluence account, that
application or website can access information on Affluence related to
you and your connections.
additional information regarding Platform Developers and Platform
of User Information.
acknowledge, consent and agree that we may access, preserve, and
disclose your registration and any other information you provide if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary in our opinion to:
(1) comply with legal process, including, but not limited to, civil
and criminal subpoenas, court orders or other compulsory disclosures;
(2) enforce this Agreement; (3) respond to claims of a violation of
the rights of third parties, whether or not the third party is a
User, individual, or government agency; (4) respond to customer
service inquiries; or (5) protect the rights, property, or personal
safety of Affluence, our Users or the public.
of User information to third parties other than those required to
provide customer support, administer this agreement, or comply with
and Interactions with other Users.
are solely responsible for your interactions with other Users.
Affluence may limit the number of connections you may have to other
Users and may, in certain circumstances, prohibit you from contacting
other Users through use of the Services or otherwise limit your use
of the Services. Affluence reserves the right, but has no obligation,
to monitor disputes between you and other members and to restrict,
suspend, or close your account if Affluence determines, in our sole
discretion, that doing so is necessary to enforce this Agreement.
COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED
TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF
THIS SECTION MAY NOT APPLY TO YOU.
NOT RELY ON AFFLUENCE, ANY INFORMATION THEREIN, OR ITS CONTINUATION.
WE PROVIDE THE PLATFORM FOR AFFLUENCE AND ALL INFORMATION AND
SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. AFFLUENCE
DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO
NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY
AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF
YOU ARE DISSATISFIED OR HARMED BY AFFLUENCE OR ANYTHING RELATED TO
AFFLUENCE, YOU MAY CLOSE YOUR AFFLUENCE ACCOUNT AND TERMINATE THIS
AGREEMENT IN ACCORDANCE WITH SECTION 7 ("TERMINATION") AND SUCH
TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR
THE DELIVERY OF ANY MESSAGES (SUCH AS AFFLUENCEMAILS, POSTING OF
ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT
THROUGH AFFLUENCE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR
REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS
OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR
USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS
OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR
TECHNOLOGY TO US.
DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS
SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO
MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY;
THEREFORE, AFFLUENCE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR
ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION
WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE
OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE,
UPDATES, OR SYSTEM OR NETWORK FAILURES. AFFLUENCE DISCLAIMS ALL
LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN
FUNCTIONING. FURTHERMORE, AFFLUENCE DISCLAIMS ALL LIABILITY FOR ANY
MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF
THE AFFLUENCE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES
RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE
INTERNET NETWORK, AND FOR ANY OTHER REASON.
COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN
CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION
MAY NOT APPLY TO YOU.
Affluence nor any of our subsidiaries, affiliated companies,
employees, shareholders, or directors ("Affluence Affiliates")
shall be cumulatively liable for (a) any damages in excess of five
times the most recent monthly fee that you paid for a Premium
Service, if any, or US $100, whichever amount is greater, or (b) any
special, incidental, indirect, punitive or consequential damages or
loss of use, profit, revenue or data to you or any third person
arising from your use of the Service, any platform applications or
any of the content or other materials on, accessed through or
downloaded from Affluence. This limitation of liability is part of
the basis of the bargain between the parties and without it the terms
and prices charged would be different. This limitation of liability
regardless of whether (1) you base your claim on contract, tort,
statute or any other legal theory, (2) we knew or should have known
about the possibility of such damages, or (3) the limited remedies
provided in this section fail of their essential purpose; and
apply to any damage that Affluence may cause you intentionally or
knowingly in violation of this Agreement or applicable law, or as
otherwise mandated by applicable law that cannot be disclaimed from
in this Agreement.
apply if you have entered into a separate agreement to purchase
Premium Services with a separate Limitation of Liability provision
that supersedes this section in relation to those Premium Services.
rights of termination.
may terminate this Agreement, for any or no reason, at any time, with
notice to Affluence pursuant to Section 9.C. This notice will be
effective upon Affluence processing your notice. Affluence may
terminate the Agreement and your account for any reason or no reason,
at any time, with or without notice. This cancellation shall be
effective immediately or as may be specified in the notice. For
avoidance of doubt, only Affluence or the party paying for the
services may terminate your access to any Premium Services.
Termination of your Affluence account includes disabling your access
to Affluence and may also bar you from any future use of Affluence.
of the Services.
may restrict, suspend or terminate the account of any User who abuses
or misuses the Services. Misuse of the Services includes inviting
other Users with whom you do not know to connect; abusing the
Affluence messaging services; creating multiple or false profiles;
using the Services commercially without Affluence's authorization,
infringing any intellectual property rights, violating any of the
Do's and Don'ts listed in Section 10, or any other behavior that
Affluence, in its sole discretion, deems contrary to its purpose. In
addition, and without limiting the foregoing, Affluence has adopted a
policy of terminating accounts of Users who, in Affluence's sole
discretion, are deemed to be repeat infringers under the United
States Copyright Act.
the termination of your Affluence account, you lose access to the
Services. The terms of this Agreement shall survive any termination,
except Sections 3 ("Your Rights") and 4.a-b, and d ("Our Rights
and Obligations") hereof.
and Forum for Legal Disputes
Agreement or any claim, cause of action or dispute ("claim")
arising out of or related to this Agreement shall be governed by the
laws of the state of Colorado regardless of your country of origin or
where you access Affluence, and notwithstanding of any conflicts of
law principles and the United Nations Convention for the
International Sale of Goods. You and Affluence agree that all claims
arising out of or related to this Agreement must be resolved
exclusively by a state or federal court located in DuPage County,
Illinois, except as otherwise agreed by the parties or as described
in the Arbitration Option paragraph below. You and Affluence agree to
submit to the personal jurisdiction of the courts located within
DuPage County, Illinois for the purpose of litigating all such
claims. Notwithstanding the above, you agree that Affluence shall
still be allowed to apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.
claim (excluding claims for injunctive or other equitable relief),
the party requesting relief may elect to resolve the dispute in a
cost effective manner through binding non-appearance-based
arbitration. In the event a party elects arbitration,
any cause or matter arising from or in connection with the respective
rights or obligations of the parties hereunder, the sole jurisdiction
and venue for such action shall be held in the country of United
States of America, Circuit Court of the State of Illinois in and for
the County of DuPage.
shall initiate such arbitration through an established alternative
dispute resolution ("ADR") provider mutually agreed upon by the
parties. The ADR provider and the parties must comply with the
following rules: (a) the arbitration shall be conducted by telephone,
online and/or be solely based on written submissions, the specific
manner shall be chosen by the party initiating the arbitration; (b)
the arbitration shall not involve any personal appearance by the
parties or witnesses unless otherwise mutually agreed by the parties;
and (c) any judgment on the award rendered by the arbitrator shall be
final and may be entered in any court of competent jurisdiction.
any provision of this Agreement is found by a court of competent
jurisdiction or arbitrator to be illegal, void, or unenforceable, the
unenforceable provision will be modified so as to render it
enforceable and effective to the maximum extent possible in order to
effect the intention of the provision; and if a court or arbitrator
finds the modified provision invalid, illegal, void or unenforceable,
the validity, legality and enforceability of the remaining provisions
of this Agreement will not be affected in any way.
Affluence has provided you with a translation of the English language
documentation, you agree that the translation is provided for your
convenience only and that the English language versions of this
additional terms of service for Premium Services, will govern your
relationship with Affluence.
and Service of Process.
addition to Section 2.h. ("Notices and Service Messages"), we may
notify you via postings on any of Affluence's websites. You may
via mail or courier at:
Grove, IL 60515
Affluence accepts service of process at this address. Any notices
that you provide without compliance with this section on Notices
shall have no legal effect.
agree that this Agreement constitutes the entire, complete and
exclusive agreement between you and us regarding the Services and
supersedes all prior agreements and understandings, whether written
or oral, or whether established by custom, practice, policy or
precedent, with respect to the subject matter of this Agreement. You
also may be subject to additional terms and conditions that may apply
when you use or purchase certain other Affluence services,
third-party content or third party software.
to this Agreement.
reserve the right to modify, supplement or replace the terms of the
Agreement, effective upon posting at www.affluence.org or notifying
you otherwise. For example, Affluence presents a banner on the site
may access and review the changes prior to your continued use of the
site. If you do not want to agree to changes to the Agreement, you
can terminate this Agreement at any time per Section 7 (Termination).
informal waivers, agreements or representations.
failure to act with respect to a breach of this Agreement by you or
others does not waive our right to act with respect to that breach or
subsequent similar or other breaches. Except as expressly and
specifically contemplated by the Agreement, no representations,
statements, consents, waivers or other acts or omissions by any
Affluence Affiliate shall be deemed legally binding on any Affluence
Affiliate, unless documented in a physical writing hand signed by a
duly appointed officer of Affluence.
no event shall you seek or be entitled to rescission, injunctive or
other equitable relief, or to enjoin or restrain the operation of the
Service, exploitation of any advertising or other materials issued in
connection therewith, or exploitation of the Services or any content
or other material used or displayed through the Services.
other than Affluence Corporation, that Affluence Corporation owns a
50% or greater interest in ("Affiliate") are not parties, but
intended third party beneficiaries of this Agreement, with a right to
enforce the Agreement directly against you.
may not assign or delegate any rights or obligations under the
Agreement. Any purported assignment and delegation shall be
ineffective. We may freely assign or delegate all rights and
obligations under the Agreement, fully or partially without notice to
you. We may also substitute, by way of unilateral notation, effective
upon notice to you, Affluence Corporation for any third party that
assumes our rights and obligations under this Agreement.
Other Rights and Obligations.
may have rights or obligations under local law other than those
enumerated here if you are located outside the United States.
USER "DOS" and "DON'TS."
a condition to access Affluence, you agree to this User Agreement and
to strictly observe the following DOs and DON'Ts:
undertake the following:
with all applicable laws, including, without limitation, privacy
laws, intellectual property laws, export control laws, tax laws,
and regulatory requirements;
accurate information to us and update it as necessary;
and comply with notices sent by Affluence concerning the Services;
the Services in a professional manner.
undertake the following:
dishonestly or unprofessionally by engaging in unprofessional
behavior by posting inappropriate, inaccurate, or objectionable
content to Affluence;
inaccurate information in the designated fields on the profile
form (e.g., do not include a link or an email address in the name
field). Please also protect sensitive personal information such as
your email address, phone number, street address, or other
information that is confidential in nature;
a user profile for anyone other than a natural person;
abuse or harm another person, including sending unwelcomed
communications to others using Affluence;
people you do not know to join your network;
a profile image that is not your likeness or a head-shot photo;
or attempt to use another's account without authorization from the
Company, or create a false identity on Affluence;
post, email, AffluenceMail, transmit or otherwise make available
or initiate any content that:
states, impersonates or otherwise misrepresents your identity,
including but not limited to the use of a pseudonym, or
misrepresenting your current or previous positions and
qualifications, or your affiliations with a person or entity,
past or present;
unlawful, libelous, abusive, obscene, discriminatory or otherwise
to a content field content that is not intended for such field
(i.e. submitting a telephone number in the "title" or any
other field, or including telephone numbers, email addresses,
street addresses or any personally identifiable information for
which there is not a field provided by Affluence);
information that you do not have the right to disclose or make
available under any law or under contractual or fiduciary
relationships (such as insider information, or proprietary and
confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
upon patents, trademarks, trade secrets, copyrights or other
any unsolicited or unauthorized advertising, promotional
materials, "junk mail", "spam", "chain letters,"
"pyramid schemes," or any other form of solicitation. This
prohibition includes but is not limited to (a) using Affluence
invitations to send messages to people who don't know you or
who are unlikely to recognize you as a known contact; (b) using
Affluence to connect to people who don't know you and then
sending unsolicited promotional messages to those direct
connections without their permission; and (c) sending messages to
distribution lists, newsgroup aliases, or group aliases;
software viruses, worms, or any other computer code, files or
programs that interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment
of Affluence or any User of Affluence;
headers or otherwise manipulate identifiers in order to disguise
the origin of any communication transmitted through the Services;
directly or indirectly, in the setting up or development of a
network that seeks to implement practices that are similar to
sales by network or the recruitment of independent home
salespeople to the purposes of creating a pyramid scheme or other
license, sublicense, publish, broadcast, transmit, distribute,
perform, display, sell, rebrand, or otherwise transfer information
found on Affluence (excluding content posted by you) except as
permitted in this Agreement, Affluence's developer terms and
policies, or as expressly authorized by Affluence;
engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for any underlying intellectual property
used to provide the Services, or any part thereof
or copy information, content or any data you view on and/or obtain
from Affluence to provide any service that is competitive, in
Affluence's sole discretion, with Affluence;
or state, directly or indirectly, that you are affiliated with or
endorsed by Affluence unless you have entered into a written
agreement with Affluence (this includes, but is not limited to,
representing yourself as an accredited Affluence trainer if you
have not been certified by Affluence as such);
modify or create derivative works based on Affluence or technology
underlying the Services, or other Users' content, in whole or
part, except as permitted under Affluence's developer program;
lease, loan, trade, sell/re-sell access to Affluence or any
information therein, or the equivalent, in whole or part;
sponsor, or otherwise monetize an Affluence Group or any other
service or functionality of Affluence, without the express written
permission of Affluence.
to the Site for any purpose, (i.e. including a link to a Affluence
web page other than Affluence's home page) unless expressly
authorized in writing by Affluence or for the purpose of promoting
your profile or a Group on Affluence as set forth in the Guideline
any copyright, trademark or other proprietary rights notices
contained in or on Affluence, including those of both Affluence
and any of its licensors;
cover or otherwise obscure any form of advertisement included on
use, copy, or transfer any information, including, but not limited
to, personally identifiable information obtained from Affluence
except as expressly permitted in this Agreement or as the owner of
such information may expressly permit;
information of non-Users without their express consent;
or use Affluence's brand, logos and/or trademarks, including,
without limitation, using the word "Affluence" in any business
name, email, or URL or including Affluence's trademarks and
logos except as provided in the Guideline for Branding
as expressly permitted by Affluence;
manual or automated software, devices, scripts robots, other means
or processes to access, "scrape", "crawl" or "spider"
any web pages or other services contained in the site;
bots or other automated methods to access Affluence, add or
download contacts, send or redirect messages, or perform other
activities through Affluence, unless explicitly permitted by
via automated or manual means or processes, Affluence for purposes
of monitoring Affluence's availability, performance or
functionality for any competitive purpose;
in "framing", "mirroring," or otherwise simulating the
appearance or function of Affluence's website;
to or actually access Affluence by any means other than through
the interfaces provided by Affluence such as its mobile
application or by navigating to
a web browser. This prohibition includes accessing or attempting
to access Affluence using any third-party service, including
software-as-a-service platforms that aggregate access to multiple
services, including Affluence;
to or actually override any security component included in or
in any action that directly or indirectly interferes with the
proper working of or places an unreasonable load on Affluence's
infrastructure, including, but not limited to, sending unsolicited
communications to other Users or Affluence personnel, attempting
to gain unauthorized access to Affluence, or transmitting or
activating computer viruses through or on Affluence;
with or disrupt or game Affluence or the Services, including, but
not limited to, any servers or networks connected to Affluence, in
particular Affluence's search algorithms.
REGARDING CONTENT POSTED ON THE AFFLUENCE WEBSITE.
built Affluence to help you be a more successful professional, and to
help professionals succeed. To achieving this purpose, we encourage
our Users to share truthful and accurate information. We also respect
the intellectual property rights of others. Accordingly, this
Agreement requires that information posted by Users be accurate and
not in violation of the intellectual property rights or other rights
of third parties. To promote these objectives, Affluence provides a
process for submission of complaints concerning content posted by our
Users. Our policy and procedures can be found in the:
regarding Copyright Infringement
(other than copyright).
Corporation, Downers Grove, IL, USA, July 9, 2012.