Terms and Conditions.

OVERVIEW

Welcome to our website. This website is owned, controlled, and operated by Afternoon Culture, LLC. The terms “we”, “us”, and “our” refer to www.afternoonculture.com. The term “Site” refers to www.afternoonculture.com. The term “user,” “you” and “your” refers to any and all site visitors. The term “Service” refers to general information about services and products, as well as general information about different areas of the law.

This Term of Use Agreement (the "Agreement") specifies the Terms and Conditions for access to and use of the Site (the "Site") and describes the terms and conditions applicable to your access of and use of the Site. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Site. Afternoon Culture, LLC may amend the Terms of Use at any time. The last update was November 11, 2024.

These Terms and Conditions (the “Terms”) govern your use of our websites www.afternoonculture.com and forthetrailblazers.com owned and operated by Afternoon Culture, LLC having its registered address at 418 Broadway Suite R, Albany, NY 12207, these Terms govern the use of our Services, “Use of this Site”.

We reserve the right to unilaterally revise these Terms and all linked content from time to time, at our sole discretion by updating this posting or any linked content. Unless otherwise indicated in a relevant revised version, the revised version shall enter into force immediately when posted. By continuing to access or use the Website and/or Services, you are indicating that you agree to be bound by the revised version. If you do not agree to continue to use the Website and/or Services on the basis of the revised version, you should cease to use our Website and/or Services.

You may not use or obtain any products or services from us if you are not at least 18 years of age, or any legal age to form a binding legal agreement with Afternoon Culture, LLC. 

DEFINITIONS 

In these Terms the following capitalized terms have the following definitions:

  • "Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

  • "Services" has a definition given in “DESCRIPTION OF THE SERVICES”

  • "Customer", "you" or "your" means a user of our Services, being an individual or legal entity, or any agent, employee, or person authorized to act on such user’s behalf.

DESCRIPTION OF THE SERVICES

www.afternoonculture.com performs the following services and products available on or through the Website:

  • Making available various content related to branding, marketing and entrepreneurship 

  • Making available various templates, ebooks, and other content

  • Providing coaching and consulting services

  • Offering webinars and workshops

  • Access to community groups, such as Facebook communities/groups

www.afternoonculture.com provides other related services, including, without limitation, hosting and maintaining the Website.

Our Services are protected as proprietary rights as described below.

The information contained on the Website and other content which is accessible and downloadable through the Website is provided for personal, educational, and

informational purposes only, and shall not be regarded as advice. 

PRIVACY

Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy at www.afternoonculture.com/privacy-policy. 

SITE SUBMISSIONS

The user shall not upload, post or otherwise make available on the site or via email any artwork, photos or other materials (“Materials”) protected by intellectual property laws without the express written permission of the owner of the copyright. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

OWNERSHIP

All content included on this site is and shall continue to be the property of Afternoon Culture, LLC, its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

Afternoon Culture, LLC, is the sole owner and lawful licensee of all rights, title and interests available on the Website as well as the software, materials, videos, images, and other content displayed on the Website and through the Services.

You acknowledge and agree that our Website and Services contain proprietary and confidential information protected by applicable intellectual property and other worldwide laws. All title, ownership, and Intellectual Property Rights on the Website and its content and Services shall remain with Afternoon Culture, LLC, our affiliates, or licensors of the Website content and Services, as the case may be. All rights not otherwise claimed under these Terms or by Afternoon Culture, LLC, are hereby reserved.

Afternoon Culture, LLC claims no intellectual property rights over any Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site. Content you submit to the Site remains yours to the extent that you have any legal claims. However, you grant Afternoon Culture, LLC a worldwide, nonexclusive, irrevocable license to display any Materials you supply to us for business development and marketing purposes only. By visiting the site, you agree to hold Afternoon Culture, LLC harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

By publishing, uploading, or otherwise making available any comments, feedback, images, or other contributions on our Website or through the use of our Services, you hereby grant the Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, modify, reproduce, distribute, display, and create derivative works from such content in any and all media or distribution methods. This license includes the right for the Company to make your Content available to others for publication, distribution, or broadcast in any media, as well as the right to adapt, modify, create derivative works, or sublicense the Content for any purpose that the Company deems appropriate, without any compensation to you.

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice to our office: hello@afternoonculture.com. 

USE OF THIS SITE

To access or use the site, you must be 18 years or older and have the requisite power and authority to enter into these terms and conditions. Children under the age of 18 are prohibited from using this site or service.

Materials on www.afternoonculture.com contain brand design, strategy, and marketing services & information. Afternoon Culture, LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Afternoon Culture, LLC, and it may terminate your use of this website at any time.

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess the consent of your legal parent or guardian and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms, and to abide by and comply with this Terms.

As a condition of your use of the Website and Services you explicitly agree not to use the Website and Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by www.afternoonculture.com. The following conduct is not an exclusive list but is meant to provide examples of prohibited conduct. You agree not to use the Services in any of the following ways:

  • To abuse, harass, threaten, impersonate or intimidate any person;

  • To post or transmit, or cause to be posted or transmitted, any content (as defined below) that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes on any copyright or other right of any person;

  • For any purpose that is prohibited by the laws of the jurisdiction where you use the Services;

  • To create or transmit unwanted ‘spam’ to any person or any URL address;

  • To post any copyrighted content.

  • To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit written consent;

  • To promote or sell any content owned by another person.

  • Further, all Customers agree that they will not engage in any of the following conduct:

  • Posting any information and/or data or accessing the Website using automated methods (such as, but not limited to, harvesting bots, robots, spiders, or

  • scrapers) without our written permission;

  • Using the Services in a manner contrary to the use we have authorized such as, but not limited to, interfering with the Services;

  • Use the Website and Services in any way or take any action that could harm, disable, overburden or otherwise impair performance, availability, or accessibility of the Website and Services;

  • Accessing the Website and Services through a method other than the interface and the instructions that we have provided;

  • Reproduce, download, send, sell, resell, transmit or otherwise post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems, and e-mail businesses, chain letters as well as use the Services for participation in any of the above;

  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our Website and Services without our express written consent;

  • Any actions that could disable, overburden, or impair the proper working of the Website and Services, such as a denial of service attack;

  • The uploading of viruses and/or other malicious code facilitating, promoting and/or encouraging any violations of our Terms.

You agree that you are solely responsible for your interactions with any other user in connection with our products and Services and that we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of our products or Services.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

INDEMNIFICATION

You agree to indemnify, defend and hold Afternoon Culture, LLC, and our partners, contractors, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

DISCLAIMER

The information presented on com www.afternoonculture.com is provided “as is” and “as available,” without representation or warranty of any kind. Afternoon Culture, LLC does not represent or warrant that such information is or will be always current, complete, or accurate. Afternoon Culture, LLC disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent that your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the Site shall be to discontinue using the Site. 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or bugs. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output.

Your use of the website, service, its content, or items obtained through them is at your own risk. The website, services, their content and any services or items obtained through the website or services are provided on an "as is" and "as available" basis,

Without any warranties of any kind, either express or implied. Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website and services. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the service, the website, its content or any services or items obtained through the service will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that the service or any services or items obtained through the service will otherwise meet your needs or expectations Afternoon Culture, LLC hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Users agree that using the company’s services and website is done at your own risk and acknowledge that these services and website are for informational and educational purposes only. You assume all risks. The company makes no guarantees related to income, success, increased revenue, projected sales, increase or decrease in social media followers over any platform, increase in social media reach, increase in clients and/or customers, improvements or decline in physical and/or mental health, interpersonal relationships, emotional well-being, and career in any way related to the use of these services and website. Our services and website merely provide education and tools to help you make your own decisions. You are solely responsible for your actions, decisions, and results based on the use, misuse or non-use of our services and website.

Company expressly excludes any and all liability for direct, indirect, or consequential loss or damage incurred by the user or others by using or in connection with our services and website, to the fullest extent of the law, including but not limited to any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

The user acknowledges and agrees that the Company is not liable for any defamatory, offensive, or illegal conduct of any other Services and Website participant or user, including you.

LIMITATION OF LIABILITY

You agree that under no circumstances shall Afternoon Culture, LLC be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Services. Additionally, Afternoon Culture, LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Afternoon Culture, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. 

RELEASE AND INDEMNITY

Through your use of the Website, you expressly and irrevocably release and forever discharge our directors, officers, employees, agents, representatives, contractors, and licensees, from personal liability for any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you have ever had, now have, or hereafter may have, for or arising directly or indirectly out of your use of the Website and Services. Any claims shall be pursued against the Company as an entity.

You hereby agree to indemnify and hold harmless Afternoon Culture, LLC and our directors, officers, employees, agents, representatives, contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages, costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) your breach of these Terms, or (ii) your negligence or willful misconduct.

GUARANTEES

Materials and information provided on the website are not indicative of likely results in any particular fashion. Afternoon Culture, LLC makes no guarantees as to results; further, past results do not guarantee future results for that same client or party, or any third-party. Afternoon Culture, LLC make(s) no income/financial claims, nor guarantee of any kind regarding the potential income or results through our communications or your participation in the purchase of any of the products or services on this Site. There is no guarantee you will earn any money using any of our materials, and your revenue is dependent solely on you and your actions or non-actions.

RETURNS/REFUNDS

All sales are final. Purchases made via this website, including but not limited to digital products, services, coaching sessions, consulting services, templates, ebooks, courses, and any other products or services, are strictly non-refundable. By making a purchase, you acknowledge and agree that you are entering into a final transaction with no possibility of refund, credit, or exchange regardless of circumstances. This includes, but is not limited to:

  • Inability to access or use the purchased products or services

  • Dissatisfaction with the products or services

  • Technical issues outside of our control

  • Changes in personal circumstances or business needs

  • Accidental purchases

  • Missed coaching or consulting sessions

  • Failure to participate in or complete programs

You acknowledge that you have read and understand this strict no-refund policy prior to making any purchase. If you have questions about any product or service, please contact us at hello@afternoonculture.com before making your purchase.

USE OF INFORMATION

Afternoon Culture, LLC reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

GOVERNING LAW; VENUE

This Agreement shall be construed in accordance with, and governed by, the laws of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in New York, NY

You further agree to and do waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you assert against Afternoon Culture, LLC. Additionally, company and you waive your right to a jury trial. Company and you shall split costs of the arbitration and the prevailing party shall be entitled to a recovery of their costs at the discretion of the arbitrator. Notwithstanding the specified agreement on jurisdiction, the Customer and Afternoon Culture, LLC shall, if any dispute arises, attempt to settle it by mutual negotiations.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

NOTIFICATIONS

By registering for an account, you consent to electronically receive and access, via email or the Website, all records and notices for the Services provided to you under these Terms that we would otherwise be required to provide to you in paper form.

However, in our sole discretion, we reserve the right to communicate with you via mail services using the address under which your Account is registered.

MISCELLANEOUS

Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee, or any other relations not directly stated in these Terms.

If any provision of these Terms is held to be invalid, non-binding, or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable, or non-binding provision, given the contents and purpose of these Terms.

These Terms constitute the entire and exclusive understanding and agreement between you and Afternoon Culture, LLC regarding the Website and Services.

You may not assign or transfer these Terms, by operation of law or otherwise, without prior written consent of Afternoon Culture, LLC. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Afternoon Culture, LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

The failure of Afternoon Culture, LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

There is no guarantee that the timing our Services offer will match users' availability or preference of timing. We do our best to accommodate different time zones, but we reserve the right to define the time our Services are provided, especially coaching and consulting services. Users acknowledge and agree that they must attend their coaching or consulting calls at the time and date defined by us (the Company). Users agree that if they cannot attend a scheduled coaching or consulting call, they forfeit their right to that service and that no refund or compensation will happen.

ENTIRE AGREEMENT/WAIVER

This Agreement constitutes the entire agreement between you and Afternoon Culture, LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Afternoon Culture, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Afternoon Culture, LLC
418 Broadway Suite R
Albany, NY 12207

USE OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Contact Us

For any queries or suggestions, contact us at: hello@afternoonculture.com.