Privacy Use of AfroGanix, LLC Transaction Information:
a. The Privacy Notice may be changed by us in the future. AfroGanix, LLC and its affiliates may communicate with you in connection with your listings, sales, and the Services, electronically and in other media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated. When you use the Services, some personally identifiable information about you, including your feedback and the e-mail address associated with your account, may be displayed on the Site and may be viewed by potential buyers.
b. You will not, and will cause your affiliates not to, directly or indirectly disclose, convey or use any order information or other data or information acquired by you or your affiliates from AfroGanix, LLC or its affiliates (or otherwise) as a result of the Participation Agreement, the transactions contemplated hereby or the parties' performance hereunder (collectively, "AfroGanix, LLC Transaction Information"), except you may disclose this information as necessary for you to perform your obligations under this Participation Agreement, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information.
No Warranties: The site and the services are provided on an "as is" basis. AfroGanix, LLC makes no other representations or warranties of any kind, express or implied, including without limitation:
A. The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
B. That the site and/or app or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
C. That the information, content, materials, or products included on the site and/or app will be as represented by sellers, available for sale at the time of fixed price sale, lawful to sell, or that sellers or buyers will perform as promised;
D. Any implied warranty arising from course of dealing or usage of trade; and
E. Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of AfroGanix, LLC. To the full extent permissible under applicable law, AfroGanix, LLC disclaims any and all such warranties.
Indemnification: You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expense (including legal fees) in any way arising from, related to, or in connection with your use of our website, your violation of the terms, or the posting or transmission of any materials on or through the website and/or app by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
Limitation of Liability: All service providers must have with required industry liability insurance or certification. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, any aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.