Afrileaf Privacy Statement

Effective Date: July 23, 2023

This Privacy Statement applies only to information collected online through the Website and does not apply to any information you may provide to us, or that we may collect, offline or through other means (for example, via telephone, through the mail, or at live events).  If you have any questions about this Privacy Statement, we can be reached via email.

PROTECTING THE PRIVACY OF CHILDREN

The Website is not directed at children under the age of 13 and we do not knowingly collect personal information from children under the age of 13. f you’re under 13, please don’t provide any information about yourself on the Website.

TYPES OF INFORMATION WE COLLECT

The information that we and/or our service providers collect falls into two categories: (1) information voluntarily supplied by visitors when they use the Website, such as when they register, sign up to receive our email newsletters, post comments in any of the public posting areas on the Website, make a purchase, respond to user surveys, and the like; and (2) certain technical information that is automatically collected as visitors navigate through the Website and review our email newsletters and other email messages.

Third parties featured on or linked to by the Website, such as advertisers and others that display promotional messages on the Website or offer products and services through the Website (“Advertisers”), may be gathering information as well, through processes we don’t control.

Information You Voluntarily Supply to Us

We may collect and store information that you voluntarily supply to us while on the Website.  This may include personally identifiable information if you choose to provide it.  In accessing and using the Website, you may have the opportunity to voluntarily submit some or all of the following types of information:

  • Contact information, such as your name and email address;
  • Demographic information, such as gender, country, and, where applicable, your postal code;
  • Login information, such as a username and password;
  • Communications preferences, such as which email messages you would like to receive from us;
  • Payment information (such as a credit card number) necessary to process a requested transaction;
  • Information posted in public posting areas and other interactive areas of the Website; and
  • Questions or correspondence you send to us through the Website. 

You are not required to provide personally identifiable information about yourself to visit the Website.  However, you must provide certain information to use some of the features of the Website.  For example, if you wish to receive our newsletters, you will be required to provide us the email address to which you want us to send the newsletters.  If you wish to post comments in any of the public posting areas on the Website, you will be required to provide registration information, such as your name and email address and a password.  We may collect other types of information for other functions.

Information That Is Collected Automatically

We also may collect and store, and permit our service providers to collect and store, certain technical information that is generated automatically as you navigate through the Website.  For example, we and our service providers may collect limited information about the configuration of your computer or other device through which you access the Website, including the type of browser software you use, the operating system you’re running, the resolution of your computer monitor, the website that referred you, the type of mobile device you’re using to access the Website (for example, iPhone, BlackBerry, Android device, tablet, etc.), and your IP address.  (Your IP address is a numerical address that is used by computers connected to the Internet to identify your computer so that data – such as the web pages you want to view – can be transmitted to you.)  We use this information to make the Website as useful as we can for as many users as possible. For example, we use IP address information for systems administration and troubleshooting purposes.  

Cookies and Pixel Tags

We may use “cookies,” a standard feature found in browser software, to enhance your experience on the Website.  Cookies are small files that your web browser places on your hard drive for record-keeping purposes.  We also may use pixel tags (sometimes referred to as “clear GIFs” or “web beacons”) to collect non-personally identifiable information about how our visitors use the Website.  By showing how and when visitors and registered users use the Website, cookies and pixel tags help us deliver more relevant content to users, identify how many unique users visit the Website and various pages within the Website, and anonymously track user interests, trends and patterns.  For example, we may use these technologies to collect aggregate information about the time visitors spend on each page of the Website, the number of visits made to each page or section of the Website, and the content that visitors select and copy using the standard copy and paste tool provided in standard web browsers.  Providers of web analytics services may use cookies and pixel tags to gather this sort of information on our behalf.  And Advertisers that display ads or other promotional messages  on the Website (and their providers of ad serving and other advertising services) may use cookies and pixel tags of their own in connection with Ads displayed on the Website, as described below under the heading “Data Collected in Connection with Ads or Your Use of the Website.”

We also may use cookies to record certain preferences that you enter or set while using the Website. For example, if you are a registered user and you opt to have the Website “remember you,” we’ll use cookies to automatically store your log-in information so that you won’t have to re-enter it the next time you visit.

The help function on most web browsers contains information on how to set your browser to notify you before accepting a cookie or to disable cookies entirely.  However, if you don’t accept cookies, you won’t be able to take advantage of various features on the Website that are available to other visitors.  For example, we won’t be able to store your log-in information, so that you don’t have to log in each time you visit, unless you accept cookies.

Where required by law, we will only place cookies or pixel tags and other tracking technologies on your device if you have agreed to these being placed except where such cookies, pixel tags or tracking technologies are strictly necessary to provide a service that you request.

HOW WE USE COLLECTED INFORMATION AND THE LEGAL BASIS ON WHICH WE USE IT

Generally

We use the information we collect from you while you are using the Website to process your registration and subscription; to provide you with services and communications that you have requested; to send you email updates, newsletters, and other communications; to deliver the Website content to you; to measure Website traffic; to measure user interests and traffic patterns; to improve the Website and the services and features offered via the Website; and to detect, prevent, and respond to fraud, intellectual property infringement, violations of our visitor agreement, violations of law, or other misuse of the Website. In certain cases, we use your personal information in these ways as it is necessary for the performance of our obligations to you as set out in the Visitor Agreement, for example to register your account, provide your subscription service, or to publish your comments on our articles. Where this is not the case, we use your personal information to meet our legitimate interests in managing our business efficiently, in understanding how users use the Website, in exercising our legal rights, and in keeping our records accurate and up to date.

Your Email Address

In addition, we may use your email address to contact you for customer service purposes, to inform you of important changes or additions to the Website or the services offered over the Website, to send you administrative notices and other information about the Website, and to tell you about other products or services offered by Afrileaf, or other companies, that we think may be of interest to you.  We will use your personal information to send these messages to meet our legitimate interests in sending information to our customers. Where required by law, we will only send you these messages and any newsletters when you have chosen to subscribe to receive them.  Although we hope you’ll find these communications informative and useful, if you don’t, you can always unsubscribe to either type of message by following the simple instructions included in each email.

Information You Provide When Making a Purchase of a Subscription or Other Product or Service

When you purchase any product or service on the Website, we collect the information necessary to process the requested transaction, such as your name, email address, billing address, and credit card or other payment method information. We process this personal information as it is necessary for us to perform our contractual obligations to you in relation to the purchase, as set out in the Visitor Agreement. Al-Monitor does not store your credit card or other payment record information; it is sent directly to our third-party credit card processor and is secured during transmission over the Internet using industry-standard secure sockets layer (SSL) encryption.  Our credit card processor is authorized to use your credit card information only to process your requested transaction, and for no other purpose.

Data Collected in Connection with Ads or Your Use of the Website

Advertisers that display Ads on the Website (and their providers of ad serving and other advertising services) may use cookies and pixel tags of their own to record your web browser’s interaction with a given Ad and, more broadly, to track your online activities over time and across different websites.  We allow this to meet our legitimate interests in running our business efficiently and so that relevant advertising is displayed to you on the Website and on third-party websites. This technique allows the Advertiser (and its providers of ad serving and other advertising services) to track which Ads are displayed, and which are clicked on, and to limit the number of times a given Ad is shown to you.  The use of cookies and pixel tags may also enable these Advertisers (and their providers of ad serving and other advertising services) to serve ads to our users based on their perceived interests as gleaned from their visits to this and other websites.  For example, DoubleClick, a provider of ad serving and other advertising services, may set cookies in connection with Ads displayed on the Website through our relationship with Google.  For a detailed description of Google’s interest-based advertising program, or to opt out of receiving interest-based ads from Google, click here. 

Except as stated above, the Website currently does not respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Privacy Statement. For more information about do not track, visit allaboutdnt.com.

Disclosure to Third Parties

To help Advertisers (and their ad agencies) understand our audience and confirm the value of advertising on the Website, we may present them with aggregate information on our audience and how our audience uses the Website (for example, information on traffic to various pages within the Website).  This information does not identify you personally. 

We may also share the information, your personal information or otherwise, that is collected through the Website with our third-party service providers, including, but not limited to, service providers that provide services related to Website administration and operation.  In some cases, we may permit our third-party service providers to collect such information directly, on our behalf.  For example, the Website may use third-party web analytics services to help analyze how users use the Website.  These services may use cookies and pixel tags to collect information directly from the Website on our behalf, and then use that information to provide us with statistical reports on website activity.  If you use a credit or debit card to complete a transaction on the Website, your personal information and credit card number will be sent directly to our credit card processing service provider to complete your transaction.  We also may share your email address and name with third-party email service providers that send newsletters and other communications on our behalf. These service providers will act only on our instructions and on our behalf, and we remain directly responsible to you for the actions of these service providers.

We also may disclose information about our visitors and registered users if required to do so by law, such as to comply with a subpoena or other legal process, or to comply with government reporting obligations, or if, in our judgment, such disclosure is reasonably necessary (a) to protect our rights, the integrity of the Website, or your safety or the safety of others, or (b) to detect, prevent, or respond to fraud, intellectual property infringement, violations of our visitor agreement violations of law, or other misuse of the Website. Finally, we may disclose information about visitors and registered users to third parties to the extent reasonably necessary to proceed with the negotiation or completion of a merger, acquisition, or sale of all or a portion of our assets, and/or as part of the assets transferred in the event of a merger, acquisition, or asset sale. We may share this information to meet our legitimate interests in running our business and complying with legal obligations to which we are subject.

Sale of Personal Information

In the preceding twelve (12) months, Al-Monitor has not sold the personal information of our Website visitors nor did we authorize our service providers to sell the personal information of our Website visitors.

Interacting with the Website

You may interact with content on the Website through social media plugins provided by third party social media services.  We do not control the information that these companies collect when you use these tools, nor do we control how they use any information they collect.  We encourage you to review their privacy policies before interacting with the Website through these tools. 

Please keep in mind that whenever you make your personal information or other information available for viewing by other users online – whether in comments posted to the Website, or in other public posting areas of the Website – that information can be seen, collected, and used by anyone with access to the Internet; we are not able to control how they may use this information.  We cannot be responsible for any use of such information by third parties.

Your rights over your personal information

Under the laws of some countries, you may have certain rights regarding the personal information about you. These may include the rights to:

  • access your personal information;
  • rectify the personal information we hold about you;
  • erase your personal information;
  • restrict our use of your personal information;
  • object to our use of your personal information;
  • receive your personal information in a usable electronic format and transmit it to a third party (right to data portability); and
  • lodge a complaint with your local data protection authority.

We encourage you to contact us to update or correct your personal information if it changes or if the personal information we hold about you is inaccurate.

Please note that we will likely require additional information from you in order to honor your requests.

If you would like to discuss or exercise such rights if applicable to you, please contact us.

Storage of Information

The information that we collect through the Website is stored within databases that we control (or databases hosted on our behalf) on servers maintained within the United States, France, or Switzerland. If you are not located there, the United States may not provide the same level of legal protection for your personal information as your home country, and such information may be available to the United States government or its agencies under a lawful order made in the United States.  In addition, we may transfer your information to our affiliates, business partners, and service providers located in other countries.  By using the Website, you acknowledge and agree to such transfer to, and processing in, the United States and these other countries. Those transfers are necessary to carry out the terms of our Visitor Agreement and this Privacy Statement. Where necessary and where consent to transfers is not sufficient, we have put in place appropriate safeguards in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us using the email address above.

We will retain personal information about you for at least as long as you are a subscriber and for additional periods of time for our legitimate interests in operating our business. When determining how long to retain this information after you stop being a subscriber, or if you are not a subscriber, we will take into account our legal obligations and regulators’ expectations. We may also retain records to investigate or defend potential legal claims.

Security of Information

We maintain administrative, technical, and physical safeguards designed to safeguard the information collected through the Website.  For example, any credit card information you provide on the Website is secured for transmission over the Internet using industry-standard secure sockets layer (SSL) encryption.  However, no physical or electronic security system is impenetrable.  We cannot guarantee the security of our servers or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us or our third-party service providers over networks that we do not control, including the Internet and wireless networks.

CHANGES TO THIS PRIVACY STATEMENT

The web is an evolving medium.  If we need to change this Privacy Statement in the future, we will post the revised Privacy Statement on the Website and update the “Effective Date,” above, to reflect the date of the changes.  By continuing to use the Website after we post such changes, you agree to the terms of this Privacy Statement, as modified.

Submission Guidelines

Afrileaf will consider submissions of original pieces on timely topics. Pieces submitted should be in the range of 400-800 words. In order to submit, authors must agree to the following guidelines:

  1. The article has not been previously published and you are submitting it for potential publication on Afrileaf exclusively. You understand that any other use of the article, if published, would have to be approved by Afrileaf. (You may post the first 150 words of the article on a personal or business website or blog with a required live link back to the article on Afrileaf)
  2. You will disclose before publication any conflicts that could arise, including any financial interests you may have that are related to the topic being written about. These will be disclosed as appropriate on the site to ensure transparency to users.
  3. Afrileaf is solely responsible for deciding whether to publish the article.
  4. Articles are subject to revisions, editing and fact-checking.
  5. You will provide a brief bio and a color photo by email and grant Afrileaf the non-exclusive right to use the photo to accompany the article or reporting about the article in all media worldwide in perpetuity. Please indicate who should be credited for the photo.
  6. You may only submit an article that you have authored. Articles must not defame, infringe or violate the rights of others.
  7. You will provide sources for factual statements in the article to expedite fact- checking.
  8. You grant Afrileaf the exclusive perpetual, worldwide license, but not the obligation, to use, edit, telecast, rerun, reproduce, translate, syndicate, license, print, distribute and otherwise exploit the article, or any portion of it, in all media whether now known or hereafter developed. If Afrileaf fails to notify you within seven (7) business days after you submit your article that it intends to publish it, this license shall terminate.
  9. At its discretion, Afrileaf may link to an appropriate website when it publishes the article – for example, a publisher’s page for a book.

Afrileaf Visitor Agreement

Last Updated: July 23, 2023

Welcome to afrileaf.org (the “Website”), a service of YB Teknologies LLC (“Afrileaf”, “our”, “us”, or “we”). This Visitor Agreement is a binding legal agreement between you and Al-Monitor. Please read this Visitor Agreement carefully. This Visitor Agreement includes disclaimers of warranties and liabilities and limitations on your rights.  By accessing the Website (including by automated means), you accept all terms of this Visitor Agreement.

GENERAL PROVISIONS

Afrileaf respects your privacy. Please take a moment to review our Privacy Policy so you understand what information we collect through the Website, how we use it, how we secure it, and when we may share it.  This Visitor Agreement incorporates our Privacy Statement by reference. 

The web is an evolving medium. If we need to change the terms of this Visitor Agreement in the future, we will post the revised Visitor Agreement on the Website and update the “Last Updated” date, above, to reflect the date of the changes. By continuing to use the Website after we post such changes, you agree to the terms of this Visitor Agreement, as modified.

Afrileaf provides access to articles from independent writers. In addition, Afrileaf serves as a platform for exclusive editorial content from respected regional experts. Our goal is to introduce a global audience to  Africa “in its own words,” giving voice to the diversity of perspectives and richness of experience represented by its authors, journalists and thinkers. We strive to bring local views, insight, culture and history to bear on stories and events as they unfold. Each day, our editorial team carefully selects a diverse array of articles intended to provide readers with a level of insight into the politics, economics and societies of the Africa not otherwise available in the English language.

We reserve the right to deny access to the Website, or any service provided via the Website, to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy the Website, or infringes the rights of others.  We may change, restrict access to, suspend, or discontinue the Website, or any portion of the Website, at any time.  We may determine, in our discretion, that Afrileaf will comply with local laws and regulations that may or may not be applicable to us.  Our contributors, in their discretion, may do the same. 

The Website is provided to you on an “as is” and “as available” basis. We disclaim all responsibility for the availability, timeliness, security, or reliability of the Website or any feature or software included in the Website.

Please bring to our attention any material on the Website that you believe to be inaccurate. Please forward a copy of the material to our editorial team.

From time to time, we may include on the Website photographs taken by others, including photographs we’ve found on social media sites, that we believe may be of interest to visitors to afrileaf.org. If you are the owner of copyright in a photograph displayed on the Website and you’d prefer that we remove it, please send an email to our editorial team, including a description of the photograph and a link to the page within the Website on which it’s displayed.

 

HOW YOU MAY USE WEBSITE CONTENT

Afrileafis made available for your personal, noncommercial use only. All content and other material on the Website is the property of Afrileaf and/or its licensors and is protected by Canadian and U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, display, reproduce, perform, create derivative works from, or otherwise exploit any of the content or other material on the Website. You may display and occasionally print or store a single copy of an individual page of the Website for your personal use provided that you keep intact all credits and copyright and other proprietary notices, but you may not otherwise reproduce, store or distribute copies of any content or other material found on the Website, in any form (including electronic form), without prior written permission from the copyright owner. For information about requesting permission to reproduce or distribute materials from the Website, please contact us.

You are free to establish a hypertext link to the Website so long as the link does not state or imply that we sponsor, endorse, or are affiliated with you or your website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another website or other service any of the content or other material you find on the Website.

REGISTRATION

To receive our newsletters you will be required to provide your email address and some basic demographic information (such as the country you’re in). Some content and newsletters are available only to Registered Users of the Website. To register for access to this content, you will need to create a username and password and provide some basic demographic information.

Our use of any information you provide to us or that we gather while you’re visiting the Website is governed by the terms of our Privacy Statement.

You agree to provide accurate, current and complete information about yourself as prompted by our registration forms. You may not sell, share or otherwise transfer your registration information. You may cancel your newsletter subscription at any time by visiting your unique profile management page, a link is found on the bottom of every email newsletter we send you

We reserve the right to reject or terminate use of any username that we deem inappropriate. You responsible for all activities (whether by you or by others) that occur under your username. If you believe your account or password has been compromised, you should contact us immediately.

YOUR CONDUCT WHEN USING THE WEBSITE AND OUR PARTICIPATION GUIDELINES

The Website may include features that allow users to interact with each other on the Website and to post content for display on the Website. These features are intended to create a community where you can share news and have conversations about what’s happening in Africa. While we reserve the right to monitor Website content, it is up to our users to ensure that the discourse on Afrileaf remains polite and informative.

First and foremost, we ask that you treat other Website users with respect. Language and content should be appropriate for a civil, adult conversation. Please respect the rights of others to their opinions; understand that there may be many other sides to every story. If you see something on the Website that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment in response.

By participating in discussions or posting content to Al-Monitor, you agree that you will not engage in any of the following activities (“Participation Guidelines”):

 

  • Use the Website to impersonate any person or entity, or misrepresent your affiliation with a person or entity;
  • Interfere with or disrupt any servers or networks used to provide the Website or its features;
  • Use the Website to engage in or to instigate or encourage others to engage in illegal activities or to cause injury or damage to any person or entity;
  • Gain unauthorized access to the Website, or any account, computer system, or network connected to the Website;
  • Use the Website to post or transmit any unlawful, threatening, harassing, abusive, libelous, obscene, or pornographic content;
  • Use the Website to post or transmit any information or content (i) that violates or infringes the rights of others, including information or content that invades the privacy or violates the right of publicity of any person; (ii) that is defamatory or libelous; or (iii) that is protected by copyright, trademark or other proprietary right without the permission of the owner of such rights;
  • Use the Website to post or transmit any information or content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
  • Use the Website to post or transmit any content or material that contains a virus or other harmful component;
  • Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, unless we have explicitly authorized such use in a particular circumstance;
  • Gather for marketing purposes any email address or other personal information that has been posted by other users of the Website;
  • Engage in personal attacks, harass or threaten another user, or deliberately disrupt the conversation;
  • Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • Access parts of the Website to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Website;

 

YOUR RESPONSIBILITY FOR INFORMATION AND CONTENT YOU SUBMIT

You acknowledge that you are solely responsible for the text, comments, and other information and content that you post on or submit to the Website, or share with others using the Website. By submitting or posting information or content to Al-Monitor, you represent and warrant that: (1) you are 13 years of age or older; (2) you are the owner of all content you submit or are making your posting or submission with the express consent of the owner; (3) you have abided by all Participation Guidelines and the content you post or submit will not violate or infringe the rights of others or otherwise cause injury to any person or entity; and (4) you will indemnify and hold harmless us and our parent, subsidiaries, and affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors, and assigns, from and against any liability of any nature arising out of any information or content that is displayed on or submitted via the Website by you or by others using your username and password as set forth below.

You alone are responsible for the information and content you post or submit to Al-Monitor. We do not control the information or content that you or others may post or submit to or otherwise transmit through the Website. You are responsible for creating backup copies of any information or content you submit or post to the Website. We will not be responsible for the deletion of, or the failure to store, display or transmit, any information or content submitted by you.

We may enforce the Participation Guidelines in our discretion. You understand that we have no obligation to monitor any areas of the Website through which users can supply information or content. However, we reserve the right, in our discretion, to screen user submissions and to edit, move, delete, and/or refuse to accept any submissions that in our judgment violate this Visitor Agreement or otherwise are unacceptable or inappropriate, whether for legal or other reasons. We also reserve the right to prohibit, and/or to take steps intended to block, your access to and use of the Website if you violate any Participation Guidelines or any other term of this Visitor Agreement.

OUR RIGHTS TO USE AND DISCLOSE CONTENT YOU SUBMIT

When you post or submit any material to the Website, you are not giving up any ownership rights you otherwise have in such content. However, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, exploit, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you by username as the author of any of your submissions if we choose to do so. You understand that technical processing of the Website, including content you post or submit, may involve transmission over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for our use of any materials you post or submit and we have no obligation to attribute such materials to you or otherwise provide any credit to you.  You hereby waive any moral rights to any materials that you post or submit.

We may preserve content you post or submit, and may disclose such content if we determine we are required to do so by law or if, in our judgment, such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce this Visitor Agreement; (c) to respond to claims that any content you post or submit violates the rights of third parties; or (d) to protect the rights, property, or personal safety of (i) the Website, (ii) us, our parent, our affiliates, our subsidiaries, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, and/or licensors, (iii) other users, and/or (iv) the public. 

ONLINE COMMERCE

Certain sections of the Website may allow you to purchase products and services that are provided by Afrileaf and/or third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of third-party products or services. If you make a purchase from a third party on the Website, or on a third-party website that you have accessed via a link on the Website, the information obtained during your visit to that merchant’s online store or website, and the information that you provide in connection with the transaction may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We are not responsible for the privacy and data collection practices of these merchants. When you purchase products or services on or through the Website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase or use of any products or services made available by third parties through the Website.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

TRADEMARKS AND SERVICE MARKS

Afrileaf is a service marks of Afrileaf LLC. The names of other products and services referred to on the Website may be the trademarks or service marks of their respective owners. You may not use any trademark or service mark appearing on the Website without the prior written consent of the owner of the mark.

DISCLAIMERS

Throughout the Website, we have provided links and pointers to websites maintained by third parties. Our linking to such third-party websites does not imply that we endorse or sponsor such websites, or the information, products or services offered on or through the websites. Neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control any information, products or services that third parties may provide on or through the Website or on websites to which we link.

You expressly agree that use of the Website is at your own risk.  The information, products and services offered on or through the Website are provided “as is” and without warranties of any kind either express or implied. We do not warrant or make any representations regarding use or the results of use of the Website or materials on the Website or any information or content made available on or via the Website in terms of their correctness, accuracy, timeliness, reliability or otherwise.  To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose. We do not warrant that the Website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the Website, including public posting areas, or the servers that make the Website available, are free of viruses or other harmful components.

Your interactions with companies, organizations and/or individuals found on or through the Website, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of the Website, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our parent, subsidiaries, and affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns, from any claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute and/or the Website.

If you are dissatisfied with the Website, or any materials, products, or services on the Website, or with any of the Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website.

LIMITIATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY STATE LAW.

INDEMNIFICATION

You agree to indemnify and hold harmless us and our parent, subsidiaries, and affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Website, any information or content that is posted or submitted via the Website by you or by others using your account, violation of this Visitor Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us. We will make reasonable efforts to provide you with notice of any such claim, but our failure to provide such notice will not relieve you of these obligations.

MISCELLANEOUS

This Visitor Agreement constitutes the entire agreement between us and you with respect to the subject matter of this agreement and supersedes all previous and contemporaneous agreements, proposals and communications on this subject, whether written or oral. This Visitor Agreement is personal to you, is not intended to benefit any third party, and does not create any third party beneficiaries. You may not assign this Visitor Agreement to anyone.

Our failure to enforce any terms of this Visitor Agreement or to respond to a breach by you or other parties shall not in any way waive our rights to enforce subsequently any terms of this Visitor Agreement or to act with respect with similar breaches.

We control and operate the Website from our offices in the United States of America.  We do not represent that the content and other materials on the Website are appropriate or available for use in other locations. Persons who choose to access or use the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Visitor Agreement will be governed by and construed in accordance with the laws of Ontario, without giving effect to any principles of conflicts of law. By using the Website, you consent to the exclusive jurisdiction and venue of the federal courts in Ontario in all disputes arising out of or relating to this Visitor Agreement or use of the Website. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Website or this Visitor Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred.  If any portion of this Visitor Agreement is held invalid or unenforceable, that portion shall be construed to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.