AS FAR AS YOU KNOW, LLC TERMS OF USE

Terms of Use As Far As You Know, LLC Welcome to the As Far As You Know Web site (the "As Far As You Know Site" or the "Site"). The As Far As You Know Site includes asfarasyouknow.com and afayk.com, any successor pages thereto, and other Web sites owned or operated by As Far As You Know, LLC.("AFAYK" or "Asfarasyouknow.com", "AFAYK.com" or "we", "us" or "our"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE As Far As You Know SITE. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE. 1. Agreement to Terms. By using this Site, you signify that you agree to these Terms of Use. In addition, when using particular services available on this Site, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time (the "Guidelines"), including without limitation our Privacy Policy. All such Guidelines are hereby incorporated by reference into the Terms of Use. If you do not agree to the Terms of Use or any of the Guidelines, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use or the Guidelines at any time. Please check these Terms of Use and the Guidelines periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of As Far As You Know, LLC, and you should refer to those before using such services. 2. Ownership. This Site is owned and operated by As Far As You Know, LLC. The contents of this Site are protected by United States copyright and trademark law, international conventions and other applicable laws. All materials contained in the Site are the copyrighted property of As Far As You Know, LLC. and all logos, characters, artwork, stories, information, names, and other elements associated thereto are the sole and exclusive property of As Far As You Know, LLC. Any use of any of the materials on this Site other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Web site or networked computer environment, without a prior written consent from As Far As You Know, LLC, is expressly prohibited. The creation of derivative works based on the materials contained herein including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of As Far As You Know, LLC’s copyright and other proprietary rights. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party's use and enjoyment of any Site. You may not attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. 3. Subscriptions and Billing. a. Asfarasyouknow.com is not a subscription site. Asfarasyouknow.com usage is based on a point system. Some areas and/or functions may only be available after the expenditure of said points. Points can be purchased via a donation through Billing Service Company (PayPal). Every effort will be made to add points to your account in a timely manner. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. Any changes to fees will apply on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy will be to terminate your account. You will receive notice of any fee change at least 30 days before the scheduled date of the transaction and failure to cancel your account as set forth below will constitute acceptance of such fee change. You are solely responsible for and must provide all telephone and other equipment necessary to access the Service including without limitation Internet access software, modems and connectivity. We reserve the right to terminate any account at any time for any reason. b. Billing, account maintenance, account customer service, and other support functions for points are provided by a third-party billing service provider ("Billing Service Company") and not by As Far As You Know, LLC. By purchasing through the Billing Service Company, you agree to be bound by the terms and conditions imposed by the Billing Service Company, including its privacy policy, in addition to these Terms of Use. The Billing Service Company will be identified on donations page for Services. As Far As You Know, LLC reserves the right to change the Billing Service Companies at any time. f. You may terminate your account at any time by providing written notice of termination to the support email address of As Far As You Know, LLC. If you do not agree to be bound by (or cannot comply with) any changes to the Terms of Use, your sole remedy is to cancel your account. Written notice of termination must be sent to the support email address of As Far As You Know, LLC. Fees paid for any points are paid in advance and are not refundable in whole or in part. If you have a balance due on any As Far As You Know, LLC account, you agree that As Far As You Know, LLC can charge these unpaid fees to the Payment Method that you have provided. g. You will not be entitled to a refund during service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our control. h. There is no cost to maintain an account at As Far As You Know. As Far As You Know, LLC reserves the right to make changes to the costs involved at any time. i. You agree to make payment using the selected Payment Method. You agree that the Billing Service Company has the right to correct any errors or mistakes in your billing even if its has already requested or received payment, including without limitation billing you for any applicable taxes regardless whether such amounts were previously itemized on your bill. Your right to use the Subscription Service is subject to any financial limits that may be established from time to time by As Far As You Know, LLC, the Billing Service Company, or by your credit card issuer, financial institution or other provider of your chosen payment method ("Payment Method Provider"). If payment cannot be charged to your Payment Method or your charge is returned for any reason, including without limitation chargeback, As Far As You Know, LLC and/or the Billing Service Company reserve the right to either suspend or terminate your access and account without notice, thereby terminating this agreement and all obligations of As Far As You Know, LLC hereunder. If payment is not received from your Payment Method Provider, you agree to pay all amounts due on your account on demand. You agree to pay late charges that may be assessed on amounts due but not timely paid, which will be 1% per month on the total amount due but not paid, or if less the maximum rate permitted by law. You agree to pay collection costs for any delinquent amounts including reasonable attorneys’ fees and costs. 4. Forums a. You are welcome to post, transmit or submit messages (collectively "Messages") to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"). As Far As You Know, LLC accepts no responsibility whatsoever in connection with or arising from such Messages. As Far As You Know, LLC does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by As Far As You Know, LLC prior to posting and do not necessarily reflect the opinions or policies of As Far As You Know, LLC. As Far As You Know, LLC makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, As Far As You Know, LLC reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time. b. As Far As You Know, LLC assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time As Far As You Know, LLC chooses, in its sole discretion, to monitor the Forums, As Far As You Know, LLC nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended, and specifically strictly limit yourself to discussions about the subject matter for which the threads are intended. You agree that As Far As You Know, LLC accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person. c. Children under the age of 18 are not authorized to post messages or participate in Forums on this Site. d. You agree that any Message whatsoever submitted by you becomes the property of As Far As You Know, LLC and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as As Far As You Know, LLC sees fit. 5. Links. This Site includes links to other Internet sites solely as a convenience to users. As Far As You Know, LLC does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, As Far As You Know, LLC makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user’s own risk. 6. Submissions. As Far As You Know, LLC’s company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no visitors to this Site submit or send any original creative materials, including but not limited to submissions of scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts. If at our request you send certain specific submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the "Submissions") shall be deemed and shall remain the property of As Far As You Know, LLC in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, As Far As You Know, LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that As Far As You Know, LLC chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called "moral rights" in all Submissions. The sender further waives the right to make any claims against As Far As You Know, LLC relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality. 7. Communications. You agree that your activities on the Site (including without limitation submission of any Messages to Forums) will not: a. infringe As Far As You Know, LLC or any third party's copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy (and by submitting Messages to Forums, you represent to As Far As You Know, LLC that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner); b. constitute (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for As Far As You Know, LLC or cause As Far As You Know, LLC to lose (in whole or in part) the services of our ISPs or other suppliers; c. transmit content As Far As You Know, LLC considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable; d. impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading; e. unless specifically authorized by us, are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations, including "spam" or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in this Section 7; f. contain any virus or other harmful component or otherwise disrupt the normal flow of communication in or operation of the Forums in any way; or g. are libelous, or an invasion of privacy or publicity rights or any other third party rights. 8. Disclaimer of Warranties. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, As Far As You Know, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. As Far As You Know, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. As Far As You Know, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT As Far As You Know, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 9. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL As Far As You Know, LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY OTHER INTERACTIONS WITH As Far As You Know, LLC, EVEN IF As Far As You Know, LLC OR A As Far As You Know, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL As Far As You Know, LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM) OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. 10. Termination. You agree that As Far As You Know, LLC, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the Site and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in As Far As You Know, LLC’s sole discretion. As Far As You Know, LLC may also in its sole discretion and at any time discontinue providing access to the As Far As You Know Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that As Far As You Know, LLC shall not be liable to you or any third-party for any such termination. 11. Miscellaneous. The failure of As Far As You Know, LLC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or the Web Site shall be filed only in the state or federal courts in and for Milwaukee County, Wisconsin and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use and related Guidelines may not be transferred or assigned by you but may be assigned by As Far As You Know, LLC without restriction. Sections 2, 3, 6, 8, 9, 10 and 11 will survive any termination of this Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms of Use or Guidelines made by As Far As You Know, LLC as set forth in Section 1 above. We may give notice to our users by means of a general notice on the Site, electronic mail to a user’s e-mail address on our records, or by written communication sent by first-class mail to a user’s address on our records.