Terms and Conditions

Affordable Financial Services LLC has adopted the following Terms and Conditions of Use for the website, or any mobile version thereof, to ensure that You know what to expect from Your visit to the Site.

Please read these Terms of Use carefully as they represent a legally binding contract between You and Affordable Financial Services LLC. By accessing or using the site, You indicate that You have read, understood, and agreed that You are bound by these terms.

1. Definitions. The following terms have the following meaning in the Terms of Use below.

(a) “We”, “Us”, “Our”, or “AFS” mean Affordable Financial Services LLC, Affordable Income Tax and Payroll, and all other subsidiaries, parent entities, divisions, departments, and affiliates of Affordable Financial Services LLC.

(b) “Site” or “Sites” means the AFS website used for AFS matters and includes, without limitation, www.417afs.com; and any other related websites used by AFS now or in the future.

(c) “You” or “Your” means You, Your registered business, and any of Your employees, officers, or agents who may use the Site.

(d) “TOU” means these Terms of Use.

(e) “Content” or “Contents” means all text, graphics, videos, sounds, music, trade dress, trademarks, text, works of authorship, services, newsletters, articles, papers, features, functions, the selection and arrangement of the foregoing, and all other materials and information of any kind or nature contained on or made available on the Site by AFS or its vendors or licensors.

(f) “Data” means information of any kind that You upload, input, or submit to or through the Site.

1. License. Subject to Your compliance with all of the terms of this TOU and any additional account requirements applicable to certain of Our Site (see TERMS OF USE APPLICABLE TO USERS WITH ACCOUNTS, below), We grant You a personal, non-transferable, non-exclusive, terminable at will, license to use Our Site and to download any materials available for downloading at this Site solely for Your use.
2. No Advice. The information provided on the Site, including without limitation all newsletters, papers, articles, and other information downloaded or accessed by You, is for general guidance and to offer the You general information on particular subjects of interest. It is not intended to constitute legal, accounting, tax, marketing, or other professional advice or services.
3. Security of Computer and IT Systems. You agree to be responsible and liable for the security of Your computers, IT system, and Data and for taking measures to protect against viruses or other harmful software Your computer may come in contact with, regardless of the source of such viruses or harmful software. AFS strongly recommends that You adopt and practice safe computing policies and practices, including without limitation applying appropriate security patches and updates and installing and running adequate anti-malware software. If You connect to the internet through a wireless modem, router, or other device You should take every precaution to ensure the secure transmission of data. This includes implementation and adherence to security measures recommended by the manufacturer of the wireless device used and/or security experts.
4. User data. You are solely responsible for all Data and other information, confidential or otherwise, that You upload to or through any Site. You are solely responsible for creating personal backup copies of all Data you post or store on any Site or provide to AFS. When You post Data to a Site, You authorize and direct AFS to make such copies thereof as deemed necessary or desirable by AFS in order to facilitate the use and storage of the Data on the Site and to facilitate AFS’s performance of accounting, tax, audit, and other services. By accessing and posting Data to a Site, You represent that you have the authority and ability to access the Data and Site and post the Data on the Site. AFS does not assert any ownership of Your Data. You agree that AFS may retain Data in accordance with its own data retention policies and that AFS may delete Data from the Site at any time and for any reason. You further agree that AFS is not responsible for any of the content of Your Data or any Data or information that You submit to or post on or through a Site. You agree that AFS is not responsible in any manner for any Data or content not created by AFS.
5. Third-Party Collaboration or Sharing. Your decision to share information or collaborate with third-party users is Your sole decision. All users must apply sound business and legal judgment when posting and collaborating with others through a Site.
6. Other Online Services. AFS may from time to time offer a variety of other online services and products through its Site; however, such services will be subject to their own terms and condition. This TOU is intended to govern use of the Site and not other services that may be provided or made available by or through AFS.
7. Prohibited Actions. You may not do any of the following on, through or in any way in connection with any Site:

(a) Upload, post, transmit, or submit any information or material that (i) contains software viruses, worms, code, files, or programs designed to interrupt, deny service, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ii) is defamatory, libelous, obscene, indecent, pornographic, abusive, threatening to others, intimidating, hateful, racially or ethnically objectionable, or constitutes stalking; (iii) infringes the patent, copyright, trademark, trade secret, right of publicity, right to privacy, or other intellectual property right of any third-party; (iv) violates any state, federal, or international law; (v) constitutes bulk or unsolicited commercial email, i.e., spam; (vi) constitutes phishing; or (vii) constitutes a BOT or spider.

(b) Harm minors in any way.

(c) Interfere with or disrupt this Site or the services provided by this Site.

(d) Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity.

(e) Violate or infringe any of Our trademark, copyright, proprietary, or intellectual property rights.

(f) Violate or breach any provision of the TOU.

(g) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or software used in connection with this Site, or obtain unauthorized access to this Site.

(h) Use any Content or other information to, in whole or in part, create a likelihood of confusion, to misrepresent any fact, or to deceive others in any form or by any means.

(i) Copy, modify, reuse, rent, lease, distribute, republish, retransmit, sell, lend, assign, or transfer any Content of this Site.

(j) Access any Site by any means other than through the interface provided by Us.

(k) Remove any copyright notice, trademark notice, or other proprietary notice from any Content You download or otherwise receive from or through any Site.

(l) Misappropriate the funds, property, or data of any person.

(m) Hack or crack in an attempt to gain unauthorized access to the Site or any Data, content, or other information on or accessible through any Site.

(n) Grant access to any third party to access or use any Site on Your behalf, even as an agent, without the written consent of AFS.

1. Investigation and Enforcement. AFS, in its sole discretion, may enforce compliance with the TOU by investigation and prosecution. If AFS believes You are or may be violating the TOU or committed prohibited actions, AFS may without notice and at its sole discretion take such action as it deems appropriate to restrict, suspend or terminate Your account. AFS may involve and cooperate with law enforcement if criminal or other illegal activity is suspected.
2. Disclaimers and Limitations. You agree to the following limitations and disclaimers.

(a) Service Availability. AFS MAKES NO REPRESENTATION OR WARRANTY THAT ANY SITE WILL BE AVAILABLE AT ALL TIMES. AFS MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY OF ANY SITE AND SHALL NEVER BE LIABLE FOR ANY CLAIMED ACTUAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY LACK OF AVAILABILITY OF ANY SITE.

(b) Creation of and Receipt of Data. AFS CANNOT GUARANTEE, NOR SHALL AFS ASSUME ANY RESPONSIBILITY OR LIABILITY FOR, THE CREATION OR RECEIPT OF YOUR DATA, NOR IS AFS RESPONSIBLE FOR THE CONTENT OF ANY OF YOUR DATA.

(c) Site, Content, Results. THE AFS SITE AND SITE CONTENT ARE PROVIDED “AS-IS”. AFS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SITE OR THE CONTENT OF THE SITE. AFS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. AFS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR AFS’s SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFS MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EFFICACY OF THE SECURITY OF THE SITE.

(d) Limitation of Liability. IN NO EVENT WILL AFS OR ITS MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF AFS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AFS’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AFS FOR USE OF THE SITE, BUT IN NO CASE WILL AFS’s LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS.

1. Intellectual Property. All Content on the Site is owned or licensed by Us and is subject to copyright, trademark, and other federal and state laws relating to intellectual property. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold without Our prior written consent or the consent of Our licensors and licensees. Any unauthorized use of Content or violation of this provision is a material breach of this TOU and may be a violation of applicable law. Nothing in this TOU constitutes or may be construed as transferring or licensing any intellectual property rights to You, whether by estoppel, implication, or otherwise. We will aggressively enforce Our intellectual property rights to the fullest extent of the law.
2. Indemnity for Breach/Causation of Claims. If You breach the terms of this TOU or in any way cause any claims to made against Us, Our employees, officers, or directors, You will be liable to Us for all damages, costs, judgments, and expenses (including reasonable attorneys’ fees) that We or Our employees, officers, or directors incur. You agree to defend, indemnify, and hold AFS harmless from and against all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorney’s fees) that arise from (a) Your use of the Site, (b) any actual or threatened breach by You of any provision of this TOU, (c) any violation of applicable law by You, or (d) information or content You submit, post, transmit, or make available through the Site.
3. Changes. AFS reserves the right to update the TOU at any time without notice to You. Such modifications shall become effective immediately upon the posting thereof. You must review this TOU on a regular basis to keep Yourself apprised of any changes. The most current version of this TOU can be found on the Site.
4. General Terms. The following additional terms apply to this TOU.

(a) Entire Agreement. Unless additional terms and conditions are required in an agreement relating to an account with AFS, the TOU and the privacy policy on these Site constitute the entire agreement between You and Us and governs Your use of the Site, superseding any prior agreements between You and Us. You also may be subject to additional terms and conditions that may apply when You open an account with AFS.

(b) Choice of Law and Forum. This TOU, the privacy policy on the Site, and the relationship between You and AFS shall be governed by the laws of the state of Missouri without regard to its conflict of law provisions. You and AFS agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in Springfield, Missouri. You hereby irrevocably waive your right to a jury trial or to claim that the state of Missouri is an inconvenient forum to hear claims and disputes.

(c) Waiver and Severability of Terms. The failure of AFS to exercise or enforce any right or provision of the TOU or the privacy policy on the Site shall not constitute a waiver of such right or provision. If any provision of the TOU or privacy policy is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the TOU or privacy policy so that other provisions of the TOU remain in full force and effect.

(d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the TOU, privacy policy, or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(e) Notices. AFS may give notice to You through general posting on the Site, via postal notification, or via email notification. You may give notice to AFS via email at [email protected] or online via Our Contact Us form.

(f) Delay and Course of Dealing. No delay in exercising, no course of dealing with respect to, and no partial exercise of any right or remedy under this TOU or the privacy policy on the Site constitutes a waiver of any other right or remedy or future exercise thereof.

(g) Construction. The section titles in the TOU and the privacy policy are for convenience only and shall not affect its interpretation. The terms of this Agreement are to be construed as singular, plural, masculine, feminine, or neuter as context requires.

California Consumer Privacy Act (CCPA) and Similar State Laws

1. California Citizens and Residents. For additional information regarding the CCPA and similar state laws, please see www.417afs.com/privacy.