Terms of Service

Last Updated: September 6, 2024

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the website located at https://tryaffogato.com/ (the "Website") operated by Affogato LLC ("Affogato", "we", "us", or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Website.

2. Acceptance of Terms

Your access to and use of the Website is conditioned on your acceptance of all the terms and conditions contained herein. These Terms apply to all visitors, users, and others who access or use the Website.

3. Content and Intellectual Property

The Website and its content, including but not limited to text, graphics, logos, images, audio, video, software, and other information (the "Content") is the property of Affogato or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not modify, publish, transmit, reproduce, create derivative works from, distribute, display, or exploit in any way any portion of the Content without the express written permission of Affogato.

4. Permitted Use

You are granted a non-exclusive, non-transferable license to access and use the Website for your personal, non-commercial purposes. You agree not to use the Website for any unlawful purpose or in any way that violates these Terms.

5. Prohibited Activities

You may not:

• Use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with the use and enjoyment of the Website by any other person.
• Attempt to gain unauthorized access to the Website, including any computer systems or networks connected to the Website.
• Use the Website to upload or transmit any viruses, malware, or other harmful code.
• Violate any applicable laws or regulations.
• Use the Website for any illegal or unauthorized activity.

6. User Accounts

Certain features of the Website may require you to create an account. You are responsible for maintaining the confidentiality of your account information, including your password. You are also responsible for all activities that occur under your account.

7. Disclaimer of Warranties

The website is provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, secure, or error-free. we do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.

8. Limitation of Liability

To the maximum extent permitted by applicable law, affogato shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to your use of the website, including but not limited to, lost profits, lost data, or personal injury.

9. Indemnification

You agree to indemnify, defend and hold harmless Affogato, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Website.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Alameda County, California.

11. Termination

We may terminate your access to the Website at any time for any reason, with or without notice.

12. Third-Party Marks

Any third-party trademarks, logos, or brand names used on the Website are the property of their respective owners. The use of these marks on the Website does not imply any affiliation, endorsement, or sponsorship by such owners. By using the Website, you agree not to use any third-party trademarks, logos, or brand names in a way that infringes on the rights of their respective owners.

13. Changes to the Terms

We may revise these Terms at any time by updating this page. You are bound by any revisions and should therefore periodically visit this page to review the current terms. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it..

14. Contact Us

If you have any questions about these Terms, please contact us at: rob@tryaffogato.com

15. Entire Agreement

These Terms constitute the entire agreement between you and Affogato regarding your use of the Website.