AFCC Inc Universal Terms of Service for AFCC Inc Products and Services This Agreement ("Agreement") is by and between AFCC Inc. ("AFCC Inc") a/an Texas corporation and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of AFCC Inc services and purchases of building materials and software. This Agreement as well as any additional AFCC Inc policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and AFCC Inc concerning Your use of AFCC Inc products and services, and supersede and govern all prior proposals, agreements, or other communications. All AFCC Inc policies and agreements specific to particular products and service are incorporated herein and made part of this Agreement by reference. By purchasing AFCC Inc products or services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which AFCC Inc may establish from time to time, and any agreements that AFCC Inc is currently bound by or will be bound by in the future. You may view the latest versions of these Agreements here. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with AFCC Inc, whether or not the transactions were in Your behalf.
A. GENERAL TERMS APPLICABLE TO ALL PRODUCTS, BUILDING MATERIALS, SOFTWARE AND SERVICES
1. TERM OF AGREEMENT; MODIFICATIONS. You agree that AFCC Inc may modify this Agreement
and the Services from time to time. You agree to be bound by any changes AFCC Inc
may reasonably make to this Agreement when such changes are made. If You have purchased
products or services from AFCC Inc , the term of this Agreement shall continue in
full force and effect as long as You take advantage of and use the products or services.
In the event You terminate Your usage, AFCC Inc will not refund any amounts You
have paid. You agree that AFCC Inc shall not be bound by any representations made
by third parties who You may use to purchase Services from AFCC Inc , and that any
statement of a general nature, which may be posted on AFCC Inc's Web site or contained
in AFCC Inc's promotional materials, will not bind AFCC Inc. AFCC Inc may, at times,
offer certain promotions with different charges and features. You agree that You
will be responsible for notifying AFCC Inc should
2. ACCURATE INFORMATION. You agree to maintain accurate information by providing
updates to AFCC Inc, as needed, while You are using AFCC Inc's Services. You agree
You will notify AFCC Inc within five (5) business days when any change of the information
You provided as part of the application and/or registration process changes. Failure
by You, for whatever reason, to respond within five (5) business days to any inquiries
made by AFCC Inc to determine the validity of information provided by You will constitute
a material breach of this Agreement. You agree that AFCC Inc may use and rely on
any such information provided by You for all purposes in connection with Your Services,
subject to AFCC Inc's Privacy Policy . If You provide any information that is inaccurate,
not current, false, misleading or incomplete, or if AFCC Inc has reasonable grounds
to suspect that Your information is inaccurate, not current, false, misleading or
incomplete, AFCC Inc has the absolute right, in its sole discretion, to terminate
its services, give no refunds on products and services purchased, and close your
account.
3. FEES AND PAYMENT. As consideration for the products or services purchased by
You and provided to You by AFCC Inc, You agree to pay AFCC Inc at the time You order.
All fees are due immediately and are non-refundable. AFCC Inc expressly reserves
the right to modify pricing through email notification and/or notice on its Web
site. Payment may be made by You by providing either a valid credit card, an online
check, or personal check. If for any reason AFCC Inc is unable to charge Your Payment
Method for the full amount owed AFCC Inc for the Services provided, or if AFCC Inc
is charged a penalty for any fee it previously charged to Your Payment Method, You
agree that AFCC Inc may pursue all available remedies in order to obtain payment.
If You pay by credit card and if for any reason AFCC Inc is unable to charge Your
credit card with the full amount of the Services provided, or if AFCC Inc is charged
back for any fee it previously charged to the credit card You provided, You agree
that AFCC Inc may pursue all available remedies in order to obtain payment. You
agree that among the remedies AFCC Inc may pursue in order to effect payment, shall
include but will not be limited to, AFCC Inc reserves the right to charge a reasonable
administrative fee for administrative tasks outside the scope of its regular Services,
including additional costs that it may incur in providing the Services and pass
along to You. These include, but are not limited to, customer service issues that
cannot be handled over email but require personal service, fees incurred by third
parties You have elected to use as payment methods, including PayPal and Certegy,
Inc., and disputes that require legal services. These charges will be billed to
the Payment Method we have on file for You. You understand that in addition to any
administrative fees AFCC Inc may charge for the handling of the chargeback, the
seller of any products that AFCC Inc purchases from may also pursue all available
lawful remedies to collect payment plus applicable fees, or obtain the lost merchandise.
If you purchase products from AFCC Inc and AFCC Inc orders these products from our
vendors / suppliers then you are bound 100% to pay, in full, for all products or
services that you have purchased. AFCC Inc is not responsible for the actions of
the sellers.
AFCC Inc sells building materials at below market value, offering direct sells from the manufacturer or fabricator to your home, store, or job site. Unless noted otherwise AFCC Inc will never give a refund on any building material(s) purchased. AFCC Inc agreements with vendors is that our clients, "You", know what they want and understand what they, "You", are purchasing; therefore, AFCC Inc vendors are willing to offer direct sales to you through the AFCC Inc construction network, Otherwise the client, "You", would call a contractor to help you or go to a retail location, where there are sales reps, floor displays, and inventory to look through.
AFCC Inc will never recommend that you install any building materials that you purchase from the AFCC Inc construction network. Purchasing building materials from the AFCC Inc construction network is intended for you to purchase building materials at wholesale prices just as the big builders do; however, we do not recommend that you ever attempt to install or apply any building materials if you are not a professional builder, contractor, glazier, or someone who specializes in the area where the building materials that you are purchasing apply to. "AFCC Inc recommends that you always have a professional install or apply the building materials that you purchase from the AFCC Inc construction network."
By agreeing to this terms and conditions you are accepting full responsibility for your decisions made when choosing the company, contractor, builder, or yourself to install, build, or apply the building material(s) that you purchase from AFCC Inc. You understand that if your property, rent space, leased space, new home, or property that does not belong to you or your company is damaged due to improper installation of the building materials that you purchase from AFCC Inc you are fully and completely responsible for all damages caused to any property. By accepting this terms and conditions you are accepting full responsibility for any damages caused by poor installation performed by you or the person or company that you put in charge for the installation of the building materials that you purchase from AFCC Inc.
By accepting this terms and conditions you are giving up your right to ever bring AFCC Inc or any of the manufactures or fabricators that AFCC Inc purchases from to court, or ever try to sue, bring charges against based on faulty installation issues, try to recover moneys lost due to poor installation.
If you receive any product purchased from the AFCC Inc construction network that is damaged, fabricated to dimensions that you did not agree to, or a manufacture defect AFCC Inc will replace or fix that product free of charge.
For damaged shipping request, you must inspect all products received from the AFCC Inc construction before the shipping carrier leaves your location.
By accepting this terms and conditions you are acknowledging that you are in 100% understanding of everything explained to you with in this terms and conditions.