Afterglow Market LLC (“AGM”) reserves the right to change the Terms under which the Site is offered in its sole and absolute discretion at any time without notice. It is your responsibility to review these Terms for any changes each time that you use the Site. All changes to the Terms are effective from the date posted.
Products Ordered Via the Site
The Site’s online store enables users to purchase various types of merchandise (the “Products”). AGM makes reasonable efforts to ensure that the Product listings are accurate. However, the information on this Site may contain typographical errors or inaccuracies and may not be complete or current. AGM therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Product description, pricing and availability. AGM also reserves the right to limit quantities (including after you have submitted your order). AGM cannot confirm the price of a Product until after you order. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, AGM shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Product. In the event that an item is mispriced, AGM may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
The Site enables you to purchase Products using a credit card. By providing AGM with your credit card information, you agree to allow AGM to charge the card for the amount quoted. In the event you have any dispute in the amount charged to your credit card, you will need to raise such a dispute by emailing AGM at email@example.com within forty-five (45) days of AGM charging your credit card. In the event you do not raise any dispute within such forty-five (45) days, the charges will be deemed final and you hereby explicitly waive any right to dispute such charges. AGM shall review such a dispute and determine in its sole discretion as to whether an error needs to be corrected or whether the charges were correct. AGM shall respond to you with its decision and its decision shall be deemed final. In the event AGM determines a dispute is valid, AGM shall refund or credit your credit card for the appropriate amount and such refund or credit will be your sole and exclusive remedy for such dispute.
AGM ships Products purchased through the Site via USPS, UPS, and/or FedEx. Shipping costs are determined by quantity and types of Products purchased and shipping address, as determined by the appropriate shipping carrier. The risk of loss and title to Products purchased from AGM pass to you upon AGM’s delivery to the carrier. AGM will accept returns or exchanges on purchased Products within 30 days of purchase date, provided that the Product still has the tags on it and remains in the same condition as when it was purchased .
In order to features of the Site and order Products, AGM may require that you set up a user account and/or the Afterglow Balance Program (“Your Account”) . In setting up and maintaining Your Account, you agree to provide accurate information regarding your identity, your contact information, and any other information requested by AGM related to the Site. You will set your own password for accessing the Site and shall be solely and strictly liable for everything that occurs through the use of Your Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under Your Account or password. You agree to immediately notify AGM of any unauthorized use of your password or Your Account, or any other breach of security of which you become aware.
By registering Your Account and using the Site, you expressly agree that you will receive communications from AGM, including email messages and/or text messages. You acknowledge and agree that you consent to the receipt of such messages and that your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to electronic communications. You may stop receiving such messages by following the opt-out instructions provided by AGM in any such communication.
Except as otherwise noted herein or otherwise on the Site, all information, documentation, and other content posted on this Site are the property of AGM, its affiliates, and/or its licensors. The posting of information, documentation, and other content does not constitute a waiver of any of AGM’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of AGM. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. AGM reserves the right to revoke this authorization at any time.
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. AGM does not endorse, and AGM is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed within a page of this Site. AGM is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that AGM 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 use of or reliance on any such content, goods or services available on such other sites. AGM shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
Disclaimer of Warranties
AGM DISCLAIMS ALL WARRANTIES RELATING TO THE SITE AND THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER AGM, NOR ANY OF AGM’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “AGM ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF AGM OR AN AGM ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT AGM’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO AGM IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Hamilton County, Indiana for any action arising out of these Terms.
You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The failure of AGM to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
AGM shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein, represent the entire understanding between you and AGM regarding your relationship with AGM and your use of the Site. These Terms supersede all previous written or oral agreements between you and AGM with respect to such subject matter. Notwithstanding any provision of these Terms, AGM has available all remedies at law or equity to enforce these Terms.