Matching Providers and Users. Company provides an online matching service that connects providers of security services who are licensed to provide security services with individuals and businesses seeking such services.
AFSC OFFERS ONLINE SERVICES FOR USERS TO REQUEST SECURITY PROVIDERS AND TO CONTRACT WITH ONE OR MORE PROVIDERS TO PROVIDE SECURITY SERVICES, BUT COMPANY DOES NOT PROVIDE LICENSED SERVICES. AFSC HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SECURITY SERVICES PROVIDED TO YOU BY LICENSED PROVIDERS.
When interacting with providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. You are solely responsible for your interactions with providers.
NEITHER COMPANY NOR ITS AFFILIATES OR THIRD PARTIES ARE RESPONSIBLE FOR ACTIONS BY LICENSED PROVIDERS. ANY ACTION BY A PROVIDER THAT VIOLATES THE LAW OR CONTRADICTS THE TERMS OF THE LICENSING AUTHORITY SHOULD BE REPORTED TO POLICE AND/OR LICENSING AUTHORITIES.
Restrictions. The rights granted to you in the Terms are subject to the following restrictions: You may not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or commercially utilize any portion of AFSC properties, including the Website or utilize framing techniques to enclose AFSC property including metatags or hidden text. Any unauthorized or competitive use of AFSC property or website terminates the licenses granted by Company pursuant to its Terms.
All uses of AFSC Matching Services require providers and users to provide true, accurate, current and complete information about yourself as prompted by any registration or service request form and to update all data prior to any usage or registration for the purposes of utilizing AFSC matching services.
The following terms apply to Users who are Clients:
AFSC does cannot guarantee that licensed providers will be available to fulfill your Service Requests. Payments are due at the time of booking and will be refunded if, for any reason, a licensed provider is not available to fill the request. A licensed provider willing and able to meet the request shall be considered performance and a one hour charge will be considered earned if the engagement is cancelled for any reason by the user.
AFSC MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: THE MATCHING SERVICE WILL MEET YOUR REQUIREMENTS; OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THE QUALITY OF THE SERVICES PROVIDED TO YOU BY LICENSED PROVIDERS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. AFSC MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO PROVIDER SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
No Liability for Conduct of Other Users. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT COMPANY PROPERTIES.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL AFSC BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY COMPANY AS A RESULT OF YOUR USE OF COMPANY PROPERTIES DURING THE MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AGAINST COMPANY PARTIES AROSE. IF YOU HAVE NOT PAID COMPANY ANY AMOUNTS DURING SUCH PERIOD, COMPANY’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).
Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
User Content. COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE RELATIONSHIP BETWEEN AFSC AND YOU.
Violations. If Company becomes aware of any reasonable, suspected use by you of the AFSC services for breach of terms for any unauthorized or illegal purposes, AFSC may immediately cancel any transaction or relationship and reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities as deemed appropriate in AFSC’s sole discretion.
Release. You hereby release AFSC and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of matching services or Security Services arranged in accordance with these Terms, including but not limited to, any interactions with or conduct of licensed providers herein matched with or as a result of the Terms, or your use of matching services pursuant to these terms.
Assignment. The agreement and benefits of any user may not be assigned, subcontracted, delegated or otherwise transferred by you without AFSC’s prior written consent and any assignment, subcontract, delegation, or transfer is null and void.
Force Majeure. AFSC shall not be liable for any delay or failure to perform any provider services resulting from causes outside its reasonable control. AFSC shall not be liable for any delay or failure by provider to perform Services requested by Clients beyond a refund of fees paid for services not rendered.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to AFSC Matching Services please contact us through our contact email provided on the website. We do everything reasonably possible to rectify the issue described.
Limitations Period. YOU AND AFSC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS STATED OR CONTENT MUST BE PRECEDED BY A REASONABLE ATTEMPT TO ALLOW AFSC TO MITIGATE OR RESOLVE THE ISSUE. ANY CAUSE OF ACTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The exclusive venue and jurisdiction for any and all disputes, claims, and controversies arising from or relating to these Terms shall be the state courts located in New York City.
Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.