These terms and conditions (the “Terms”) are a legally binding contract between you, the user of the website www.AllForAmerican.com (the “Site”) and All4American QOZB Holdings, LLC (“All For American”, “we” or “us”) the owner of the Site. By using the Site, you accept and agree to be legally bound by the Terms. We may change the Terms at any time without notice to you. Your agreement to comply with and be bound by the Terms is deemed to occur upon your first access to or use of the Site. If you do not agree to be bound by the Terms, then you are not permitted to use the Site.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Intellectual Property: The content of the pages of the Site (the “Content”) is for your general information and use only.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Content, information and materials found or offered on the Site for any particular purpose. You acknowledge that such Content, information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any Content, information or materials on the Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Products (as defined below), services or information available through the Site meet your specific requirements.
The Content contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of All For American. The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under these Terms. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of these Terms, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of All For American (the “A4A Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of All For American. All rights reserved. Other company, Product, and service names located on the Site may be trademarks or service marks owned by others (collectively with A4A Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the A4A Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Acceptable Use: By accessing and/or using the Site, you agree to comply with the following acceptable use requirements:
We have the right, but not the obligation, to review and reject or remove Content that, in our sole discretion, does not adhere to these acceptable use requirements. We also reserve the right, in our sole and absolute discretion, to deny you access to the Site, or to any portion of the Site, without notice.
User-generated Content: The Site may include Content uploaded by other users of the Site. You expressly acknowledge and agree that once you submit your Content for inclusion into the Site, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT ALL FOR AMERICAN, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITE.
You grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license, but not the obligation, to modify, compile, combine with other Content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.
If you submit Content to us, each such submission constitutes a representation and warranty to All For American that such Content is your original creation (or that you otherwise have the right to provide the Content), that you have the rights necessary to grant to All For American the license to the Content as set forth above, and that it and its use by All For American and its Content partners as permitted by these Terms does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our acceptable use requirements.
User Registration: All visitors to the Site can view Content and access all publicly available features and functionality.
Users must have a registered account to have access to certain features of the Site, including becoming a vendor or leaving a review. All For American is under no obligation to accept any individual as a registered user and may accept or reject any registration in its sole and complete discretion. In addition, All For American may deactivate any account at any time, including, without limitation, if it determines that a registered user has violated these Terms.
When creating your account, you must provide true, accurate, current, and complete information. Each account can be used by only one registered user. You are solely responsible for the confidentiality and use of your account, as well as for any use, misuse, or communications entered or payments made through the Site using your account. You will promptly inform us of any need to deactivate your account. We reserve the right to delete your account or change your log-in credentials at any time and for any reason.
Privacy Policy: Information collected on the Site from customers is kept strictly confidential and secure. Any information passed on to third parties is solely for the completion of your order. All For American will not sell any collected personal information. Use of the Site is also governed by our Privacy Policy.
Online Purchases: You can make retail purchases of third-party goods (“Products”) through the Site. Our vendors are required to certify that all Products displayed on the Site are in compliance with the Federal Trade Commission guidelines titled Complying with the Made in USA Standard, as amended, but we do not independently verify the origin of the Products. ALL PRODUCTS ARE MANUFACTURED BY OR ON BEHALF OF THIRD-PARTY SUPPLIERS, AND NOT BY OR ON BEHALF OF ALL FOR AMERICAN; THEREFORE, ALL FOR AMERICAN HAS NO CONTROL OVER THE COUNTRY OF ORIGIN, QUALITY, SAFETY, LEGALITY OR EFFICACY OF ANY PRODUCT AND ASSUMES NO LIABILITY WITH RESPECT TO ANY PRODUCT.
If you purchase any Products, the following terms and conditions apply:
Communications: Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any Content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
Third-Party Links: The Site may contain links to third-party websites or services that are not owned or controlled by All For American. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services available on or through any such websites or services.
No Warranties: The information provided on the Site is for general informational purposes only. THE SITE, THE PRODUCTS AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE WILL OPERATE ERROR-FREE, THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT THE PRODUCTS ARE FREE OF DEFECTS OR MALFUNCTIONS.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE CONTENT OR ANY PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM; AND (III) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF ANY PRODUCT SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE APPLICABLE ORDER GIVING RISE TO THE CLAIM.
THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AT ANY TIME WITHOUT NOTICE.
Limitation of Liability: In no event shall we be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Site or any Product, including but not limited to any errors or omissions in the Content, Products, or services obtained through the Site. Your sole remedy for any dissatisfaction with the Site or its Content is to stop using the Site.
Indemnification: By using the Site, you agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms, any Content that you provide, or your misuse of any Product, the Content or the Site. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Governing Law: This disclaimer shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflict of laws provisions thereof.
Binding Arbitration: In the event of a dispute arising under or relating to these Terms, the Site, any Product or the Content (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in New York County, New York may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York County, New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Digital Millennium Copyright Act: All For American respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:All4American QOZB Holdings LLC, Attn: DCMA Team, 801 West Bay Drive #339 Largo, FL, 33770 or copyright@allforamerican.com
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Miscellaneous: The following provisions will survive any expiration or termination of these Terms: “Intellectual Property”, “User Generated Content”, “Online Purchases,” “Communications”, “No Warranties”, “Limitation of Liability”, “Indemnification”, “Governing Law”, “Binding Arbitration”, “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.
For any questions, please contact us at: Hello@AllforAmerican.com
