General

The www.appsformymac.com Web site was created by AFMM for the exclusive use of our customers, and is intended for research and buying purposes only. No AFMM or AFMM print or online publication may be duplicated, redistributed or modified in whole or part without prior written authorization from AFMM. For the purposes of these terms and conditions, "AFMM" shall be taken to include AFMM and www.appsformymac.com. All AFMM policies, terms and conditions are subject to change without notice. If the General Terms and Conditions provided on our Web site do not answer your specific questions, or if you need more detailed information, please contact us.

Right of Offset

At any time that an amount is due AFMM, AFMM shall have the right, without prior notice, to set off and apply any amounts otherwise owed by AFMM to purchaser, to any amounts owed to AFMM by purchaser, in all cases.

Prices & Availability

Because of the fast-moving nature of the industry, prices and availability are subject to change without notice. AFMM is unable to issue price adjustments due to manufacturer price changes after date of original sale. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice.

Typographic, Photographic and Technical Errors

Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right to substitute equivalent items. If an error is made and a product is listed at an erroneous price, AFMM may, at its discretion, refuse or cancel any orders placed at the incorrect price. If an order has been confirmed and charged to your credit card at the incorrect price, AFMM shall have the right to immediately issue a credit in the amount of the incorrect price.

Warranty Disclaimer and Limitations on Liability:

AFMM PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS’ WARRANTIES AND GUARANTEES THAT ARE PROVIDED FOR THE PRODUCTS IT SELLS. AFMM MAKES NO ADDITIONAL OR INDEPENDENT WARRANTIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AFMM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AFMM SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR OPPORTUNITIES), OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF AFMM FOR ALL DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT. LIKEWISE, AFMM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ALL MERCHANDISE IS SOLD "AS IS". PLEASE CHECK MANUFACTURER PACKAGING AND MATERIALS FOR COMPATIBILITY. AFMM MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME, LOST DATA, ETC. THIS DISCLAIMER BY AFMM IN NO WAY AFFECTS THE TERMS OF ANY APPLICABLE MANUFACTURERS’ WARRANTIES OR GUARANTEES. AFMM WILL PROVIDE COPIES OF SUCH WARRANTIES AND GUARANTEES UPON REQUEST.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.

Disputes

Any claims against AFMM relating in any way to your purchases from AFMM shall be submitted to confidential arbitration in Minneapolis, Minnesota. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney’s fees. In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and AFMM shall be brought in the state or federal courts located in Hennepin County, Minnesota, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.

Governing Law

Transactions between you and AFMM, and any disputes arising between you and AFMM related to any interaction between you and AFMM, including but not limited to claims relating to the content of its catalogs and website, shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

This agreement, the policies printed on the www.appsformymac.com website, and the policies, terms and conditions stated on the applicable AFMM invoice or packing slip, constitute the entire agreement between the parties relating to the subject matter herein, and cannot be modified except in a written agreement signed by both parties.

Jurisdiction

Unless otherwise specified, this Web site is presented solely for the purpose of promoting products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by AFMM from its offices within the State of Minnesota, United States of America. Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with laws governing export of software and other applicable laws, including local laws, if and to the extent local laws are applicable.

Title Risk of Loss

Title to items being purchased passes from AFMM to purchaser at the time of shipping or download. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. AFMM will not incur any forwarding costs on shipments. AFMM shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo, or other acts or events nothing within the reasonable control of AFMM.

Logos, Trademarks, Service Marks

AFMM, www.appsformymac.com and their respective logos are registered trademarks of AFMM, Inc. and all other distinctive site logos, marks and graphic elements on the www.appsformymac.com website are trademarks of AFMM, Inc. and are subject to applicable trademark protections. All other company, product, and service logos, marks and names in AFMM, Inc. print and online advertising are or may be trademarks or service marks of the companies and organizations mentioned. All trademarks and registered trademarks are used to benefit, without intent to infringe on, the holder of the mark.

Purchases for Export or Schools

If you purchase items for the purpose of export, you must obtain from the federal government certain export documentation, and that responsibility is solely yours. The terms of our agreements with some vendors represented in our online and print advertisements forbid us from exporting their products. Some products are not available for sale to schools.

Internet disclaimer

Internet connectivity requires access services from an Internet Service provider. Contact your local Service Provider for Internet connectivity and access.