Terms of service
Terms and Conditions
Effective Date: May 5, 2023
Last Updated: May 5, 2026
AFTCO MFG CO., doing business as AFTCO (collectively “AFTCO,” “our,” “us,” or “we”) owns and operates https://www.aftco.com/ and its associated websites, mobile sites, applications and associated applications services (the “Sites”). AFTCO provides its Sites, including but not limited to all information, videos, images, tools, emails, text messages or other electronic communications, applications, fixtures, or other products, goods, or services from us, and all other services made available by us to Users from time to time, whether through our Sites or through other means (collectively, the “Services”).
PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING, REGISTERING TO USE, OR USING THE SERVICES, YOU (“YOU,” “YOUR,” OR THE “USER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN SECTION 23 AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR DATA PROTECTION AND PRIVACY POLICY.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT ACCESS OR USE THE SERVICES. IF YOU VIOLATE THIS AGREEMENT OR OUR DATA PROTECTION AND PRIVACY POLICY, WE RESERVE THE RIGHT TO DENY YOU ACCESS TO OUR SERVICES TOGETHER WITH ANY AND ALL OTHER LEGAL REMEDIES.
This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.
The headings used herein are included for convenience only and will not limit or otherwise affect this Agreement.
1. ENTIRE AGREEMENT
This Agreement and our Data Protection & Privacy Policy and any other agreements we may post on the Services from time to time comprise the entire agreement between User and AFTCO, and supersedes any and all prior agreements between the parties regarding the subject matter contained herein (including but not limited to any prior versions of this Agreement). All such additional terms and conditions are hereby incorporated by this reference into this Agreement.
By using our Services, you attest that you are authorized to use our Services as stated herein, and that you will comply with this Agreement, our Data Protection & Privacy Policy, and all applicable laws, rules, and regulations.
2. DESCRIPTION OF SERVICE
AFTCO grants you a limited, revocable, non-exclusive, non-transferable right to review, and in some instances print content from our Services for your personal and educational purposes, as long as they do not violate any aspect of this Agreement or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. AFTCO reserves the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.
AFTCO (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
3. MODIFICATIONS TO SERVICE AND TERMS AND CONDITIONS
AFTCO reserves the right, at any time, to modify or discontinue the Services temporarily or permanently, with or without notice and for any reason, including but not limited to performing maintenance, repairs, or upgrades. AFTCO shall not be liable to any User or any third party should AFTCO exercise its right to modify or discontinue any Services provided. AFTCO also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at https://www.aftco.com/policies/privacy-policy. Your continued use of the Services constitutes your agreement to abide and be bound by this Agreement and any modifications to this Agreement.
4. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, modify, create derivative works of, download, store, sell, resell, transmit or exploit any portion of the Services, use of the Services, or access to the Services, except as follows:
(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
If you wish to make any use of materials of the Services other than that set out in this paragraph, please address your request to customercare@aftco.com.
5. CONTENT OWNERSHIP
The content on the Sites, including but not limited to, content, features, functionality, photos, and site layout, as well as the AFTCO’s name, all logos of AFTCO, and all related names, product and service names, designs and slogans appearing on the Sites (the “Site Content”), are the exclusive property of AFTCO, our affiliates, or licensors and are protected by intellectual property and proprietary rights laws. You shall not use such marks without the prior written permission of AFTCO. We reserve any and all rights to the Site Content. Commercial use of the Site Content is prohibited.
The Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior, express, written permission. However, you may download and print Site Content for non-commercial uses that are not competitive with us, provided that you keep all copyright or other proprietary notices intact, do not alter the Site Content, and do not further reproduce, publish, or distribute such Site Content. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Site Content on the Internet, or any Intranet or Extranet site, or to incorporate the Site Content in any database or other compilation. Any other use of the Site Content is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or personal information.
All registered and unregistered trademarks visible or accessible through our Services are trademarks of AFTCO, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of AFTCO or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without express, prior written permission from AFTCO.
Unless stated otherwise on the AFTCO Sites or in this Agreement, the User will retain copyright ownership and all related rights for information he or she authors and publishes through AFTCO. In exchange for the publishing services provided by AFTCO, the User agrees to grant a perpetual, irrevocable, worldwide, unlimited, non-terminable license to AFTCO to use all content the User publishes through AFTCO without further permission or remuneration, in original language or in translation, including the right to create derivative works and reuse in other media. Users are not allowed to use the AFTCO name in commercial activity without prior written consent of AFTCO.
You understand that any business or marketing proposals, suggestions, ideas, endorsements, recommendations, or other such concepts or materials (“Business Submissions”) that you provide to us through our Services are not confidential, and become our sole property. AFTCO reserves such rights to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Business Submissions. This means we can use such ideas and materials you provide to us without compensating you, mentioning you, or keeping any such material confidential.
6. CONTENT RESPONSIBILITY
We reserve the right to modify and update the Site Content or Services at any time to correct errors, inaccuracies, or make other corrections. We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, indecent, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. You acknowledge and agree that AFTCO neither endorses the contents of any User comments (“Comments”) or communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby.
You agree that Comments provided to AFTCO will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
This Site contains links to websites maintained by third parties. Such links are provided for your convenience and reference only. AFTCO does not operate or control in any respect and are not responsible for any information, software, products, or services available on such websites. AFTCO’s inclusion of a link to a website does not imply any endorsement of the third-party and/or their services or the site, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk.
7. CONTENT SUBMITTED TO AFTCO
AFTCO does not claim ownership of the Content or links you place on your AFTCO page. AFTCO may quote or reproduce your Content (if you have made it public), in whole or in part, in order to promote your AFTCO’s page and/or the AFTCO’s Services. You acknowledge that AFTCO does not pre-screen Content or links, but that AFTCO and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or links that are available via the Services. Without limiting the foregoing, AFTCO and its designees shall have the right to remove any Content or links that violate this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content and links, including any reliance on the accuracy, completeness, or usefulness of such Content and links.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
8. USER CONDUCT
You understand that any and all comments, information, quotes, links, text, messages, or other materials posted by a User (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility and property of the person from which such User Content originated. This means that you, and not AFTCO, are entirely responsible for all User Content that you share, post, or upload via the Services.
AFTCO does not control the User Content posted via the Services by you or other Users and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. AFTCO is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable.
Any User Content you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant AFTCO the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
We have the right to:
(a) Remove or refuse to post any User Content for any or no reason at our sole discretion.
(b) Take any action with respect to any User Content that we deem necessary or appropriate at our sole discretion, including if we believe that such User Content violates the Terms of Service Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for AFTCO.
(c) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
(d) Terminate or suspend your access to all or part of the Services for any violation of this Agreement.
(e) Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
YOU WAIVE AND HOLD HARMLESS AFTCO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AFTCO DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY AFTCO OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions.
9. USER ACCOUNT, PASSWORD, AND SECURITY
Users have the option of creating an account with AFTCO to access certain features and content of our Sites, and receive other Services. Once you become a user and establish an account with AFTCO, you shall receive a password and an account. You must keep your account and password confidential, and are entirely responsible if you do not maintain the confidentiality of your password and account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time (to do so, go to the user profile menu option within your account). You may also set up a new account and close an old one at your convenience. You agree to immediately notify AFTCO of any unauthorized use of your account or any other breach of security known to you. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
10. PRODUCT INFORMATION
Certain products or services may be available exclusively online through the Sites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or Services (or any part or content thereof) at any time without prior notice to you. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
11. THIRD PARTY TOOLS AND LINKS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and services available through our Services may include materials from third-parties. Third-party links on the Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12. PAYMENTS
All payments for our Sites or other transactions formed through the Services, or resulting from visits made by you, are processed and governed through third parties such as SSL technology, Shopify and the Apple App Store. Additional, AFTCO specific plans and packages are governed by the following payment terms:
(a) Payments. When you process a transaction or when you purchase a subscription (monthly, quarterly, annually, etc.), you agree that you are authorizing payments and recurring payments, which will be made to AFTCO by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by AFTCO.
If any payment is returned unpaid or if any credit card or similar payment method is rejected or denied, AFTCO reserves the right to collect any applicable payment, return item, rejection, or insufficient funds fee. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content until such payment is made.
(b) Payment Method and Refunds. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You understand that by authorizing payment through Shopify and any applicable refunds will be governed by the terms and conditions of Shopify or similar third party vendor.
13. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
14. TERMINATION
If you are subscribed to any of our Services, you may cancel at any time through Shopify or similar third party payment vendor. Your termination will become effective based on the terms outlined by the third party vendor.
AFTCO may, at its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice, if AFTCO believes that you have violated any law or the spirit of this Agreement.
15. ADVERTISEMENTS, PROMOTIONS, AND AFFILIATE DISCLOSURE
AFTCO runs advertisements, promotions, and affiliate links on AFTCO Site pages. The manner, mode, and extent of advertising by AFTCO is subject to change. We are not responsible for the content of any advertisement or affiliate link appearing on the Sites or via the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers or affiliates found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or affiliate. You agree that AFTCO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or affiliates on the Services.
16. LINKING TO WEBSITE AND SOCIAL MEDIA
You may link to our website or homepage, provided you do so in a way that is fair, legal use and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
(a) link from your own or certain third-party websites to certain content on this website;
(b) send emails or other communications with certain content, or links to certain Site Content;
(c) cause limited portions of Site Content and/or the other Services to be displayed or appear to be displayed on your own or certain third-party websites;
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
(i) establish a link from any website that is not owned by you;
(ii) cause the Services or the website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; and
(iii) otherwise take any action with respect to the materials on any of the Services that is inconsistent with any other provision of this Agreement.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content standards set out in this Agreement. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission with or without notice at our sole discretion. We may disable all or any social media features and any links at any time without notice in our discretion.
17. PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:
(a) in any way that violates any applicable federal, state, local, or international law, ordinance or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
(b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
(c) to send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content standards set out in this Agreement;
(d) to transmit, or procure the sending of, any advertising or promotional material without or prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
(e) to impersonate or attempt to impersonate AFTCO, a AFTCO employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the forgoing); and
(f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm AFTCO or users of the Services or expose them to liability.
Additionally, you agree not to:
(i) solicit others to perform or participate in any unlawful acts through the Services;
(ii) infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(iii) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(iv) submit false or misleading information;
(v) collect or track the personal information of others;
(vi) use the Services for any obscene or immoral purpose;
(ii) use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real life time activities through the Services;
(ii) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
(iii) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
(iv) use any device, software, or routine that interferes with the proper working of the Services;
(v) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the website or any other Services;
(vii) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; and
(viii) otherwise attempt to interfere with the proper working of any of the Services.
18. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, AFTCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AFTCO MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, OR ERROR FREE; NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER OR MOBILE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. AFTCO MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. LIMITATION OF LIABILITY
AFTCO, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, LOST REVENUE, LOST SAVINGS, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500 USD). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
20. INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of this Agreement will cause such damage to AFTCO as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that AFTCO shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by AFTCO in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
21. INDEMNITY
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, including our employees, contractors, licensors, franchisees, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior express written consent.
22. LAWS
This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California in the United States without reference to any conflict of law rules. You and AFTCO agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within Orange County, California in the United States. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
23. ARBITRATION CLAUSE AND CLASS ACTION WAIVER
– IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration Notice
You agree that if there is any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these Terms of Service and/or the Data Protection and Privacy Policy it will be resolved by confidential binding arbitration in California rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to AFTCO MFG CO., 2400 South Garnsey Street, Santa Ana, CA 92707. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and AFTCO are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or AFTCO may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Service as a court would.
YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the State of California or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 USD or less, you or we may elect to have the arbitration conducted by telephone/video conference or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone/video conference by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
CLASS ACTION WAIVER: YOU AND AFTCO AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
EXEMPT CLAIMS: You and AFTCO agree that the following two (2) types of claims are not required to be submitted to an arbitration subject to the following conditions:
(a) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision; and
(b) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision by mail to AFTCO MFG CO., 2400 South Garnsey Street, Santa Ana, CA 92707. Include your name, address, and date in the correspondence.
24. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. AFTCO may distribute notices or messages through the Services to inform User of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute notices to User.
25. PRIVACY POLICY
AFTCO’s Data Protection and Privacy Policy is incorporated by reference in this Agreement. Please refer to our Data Protection and Privacy Policy for information as to how AFTCO may collect, process, and use Users’ personal information as well as certain rights User’s may have regarding their personal information in relation to the Services provided.
26. STATUTE OF LIMITATIONS AND GENERAL INFORMATION
If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. AFTCO’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AFTCO in writing. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, User and AFTCO agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If AFTCO takes any action to enforce this Agreement, AFTCO, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which AFTCO may be entitled.
To the extent that any provision of this Agreement is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
27. VIOLATIONS
Please report any violations of this Agreement to administrators at customercare@aftco.com.
28. AFTCO’S PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by AFTCO you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
29. NOTICE OF INFRINGEMENT
We respect the intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Under the U.S. Digital Millennium Copyright Act, copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this website, please see the “Contact Us” section below which will inform you how to submit a notification by email, mail or by filling out and submitting the form provided.
30. CHILDREN INFORMATION
AFTCO and its Sites and Services provide products and services for general audiences, and are intended for individuals over 13 years of age. AFTCO does not intentionally or knowingly collect, use, or process the personal information from children under the age of 13, and such children are not permitted to use our Site or Services. If you are under 13, do not attempt to register for or use any of our Services, including our Sites, and do not provide us any Personal Information about yourself. By purchasing our products or otherwise using our Services, you acknowledge you are over 13 years of age and are permitted to use our Services in accordance with our Privacy Policy and Terms and Conditions. If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and provided us with Personal Information, please contact us and we will take measures to remove that information from our Services.
31. RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
32. HOW TO CONTACT US
If you have any questions about these Terms of Service, please contact us at the following:
By email:
By mail:
AFTCO MFG CO.
2400 South Garnsey Street
Santa Ana, CA 92707
United States
UPDATED: May 05, 2026
