Terms of Use

(Last updated 2024-07-18)

  1. Introduction

Welcome to Affirmative, a product of Lab6 Media (“we,” “our,” “us”). These Terms of Use (“Terms”) govern your access to and use of our self-service software site (“Service”). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Service.

  1. Eligibility

You must be at least 18 years old to use our Service. By using our Service, you represent and warrant that you meet this age requirement.

  1. Account Registration

To use certain features of our Service, you must register for an account. When registering, you agree to:

  • Provide accurate, current, and complete information.
  • Maintain and promptly update your account information.
  • Keep your password secure and confidential.
  • Notify us immediately of any unauthorized use of your account.

You are responsible for all activities that occur under your account.

  1. User Conduct / Prohibited Uses

In connection with your access to and use of the website at https://getaffirmative.com and the Affirmative browser extension tool (Services), you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using these Services you will not:

  • allow other persons to use your account, and you agree that you are the sole authorized user of your account;
  • use Services for any purpose that is unlawful;
  • represent yourself as another or as a fictitious individual;
  • bypass any measures used to present or restrict access to Services, or otherwise attempt (by any means) to gain access to data or information you are not entitled to access;
  • copy, modify, create derivatives of, decompile, or reverse engineer Services or take any action to interfere with Lab6 Media’s proprietary and intellectual property rights;
  • interfere with or disrupt Services or the servers or networks connected to Services;
  • post information or interact with Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  • use Services in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  1. Intellectual Property

All intellectual property and trademark rights in GetAffirmative.com and the Affirmative browser extension tool (Services) shall be owned by Lab6 Media absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same (the “Intellectual Property”). All other trademarks, logos, service marks, company or product names are the property of their respective owners.

You agree that you will not use Lab6 Media’s Intellectual Property for any purpose except to the extent necessary to be a user of the Services. If you create any materials using Lab6 Media Intellectual Property, you agree that upon their creation Lab6 Media exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Intellectual Property or derivative works based on the Lab6 Media Intellectual Property. You further agree to assign any interest or right you may have in such materials to Lab6 Media, and to provide information and execute any documents as reasonably requested by Lab6 Media to enable Lab6 Media to formalize such assignment.

  1. License Grant/Right to Use Service

Services may include downloadable software, which may update automatically on your device to newer versions when available. We grant you a worldwide, non-exclusive and non-transferable right to use the Services for any purpose that does not knowingly infringe on existing intellectual property rights. Components of the software may be offered under an open source license, in these cases we will make that license available to you. Provisions of the open source license may expressly override some of these Terms.

  1. Subscription Term, Renewal, and Termination

If you choose to purchase a Subscription offered by us, the term of your Subscription shall commence upon our confirmation of your payment of the Fees in accordance with the payment instructions on the Site, at which time you will be provided access to the Platform with the same features, and the term of your Subscription shall continue until canceled by either party via your account management console on the Site. If you choose a monthly Subscription, your Subscription will be extended on a month-to-month basis, based on your original date of purchase. If you choose to purchase an annual Subscription, the term of your Subscription shall continue for a period of twelve (12) months. Thereafter, your annual Subscription shall be extended for one or more additional periods of twelve (12) months each, unless canceled by either party prior to the expiration of the then-current term.

You may terminate your Subscription to the Platform by canceling your Account through the tools that we make available within the Platform. Payment obligations are non-cancelable and Fees paid are non-refundable.

  1. Support

In case of doubt regarding the operation of our Services the user may contact support via email to: support@getaffirmative.com or by visiting the Support page available via our website at https://getaffirmative.com/support.

  1. Copyright Infringement

If you allow users to post content, the Digital Millennium Copyright Act (DMCA) in the United States requires that you include a clause addressing copyright violations. This clause should let users know how to report suspected copyright infringement on your website.

If you believe that our Services have been used in a way that constitutes copyright infringement, please contact us immediately via support@getaffirmative.com.

  1. Warranty Disclaimer

Our Services are provided “as is.” We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including and without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither us nor our suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

  1. Limitation of Liability

ln no event will we, or our suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable Iaw.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Affirmative and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our Service.

  1. Severability

If any provision of this arbitration agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

  1. Governing Law / Jurisdiction and Dispute Resolution

You agree that any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or validity thereof, shall be finally resolved by arbitration in accordance with the following provisions:

  • Governing Rules: The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Arbitration Rules.
  • Location: The place of arbitration shall be Seattle, Washington.
  • Interim Measures: The arbitrators shall have the authority to grant any interim measures deemed necessary, including but not limited to injunctive relief and measures for the preservation of assets.
  • Discovery: The arbitrators shall have the discretion to order a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.
  • Confidentiality: The arbitration proceedings, including all documents and communications in connection with the proceedings, shall be kept confidential by the parties and the arbitrators, except as required by law or to protect a party’s legal rights.
  • Award: The arbitrators shall render a written award stating the reasons upon which the award is based. The award shall be final and binding on the parties, and judgment upon the award may be entered in any court having jurisdiction thereof.
  • Fees and Costs: Each party shall bear its own costs and expenses of the arbitration, and an equal share of the arbitrators’ and administrative fees, unless the arbitrators decide otherwise in the award.
  • Waiver of Jury Trial: You hereby expressly waive your right to a trial by jury with respect to any dispute arising under or in connection with this contract.
  1. Changes to These Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website and updating the effective date at the top of this document. You are advised to review these Terms periodically for any changes. Your continued use of our Service after the posting of changes constitutes your acceptance of those changes.