AFCcustomgranite.com TERMS OF USE

ACCEPTANCE OF TERMS

AFCcustomgranite.com provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular AFCcustomgranite.com services, you agree to abide by any applicable posted guidelines for all AFCcustomgranite.com services, which may change from time to time.

Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with AFCcustomgranite.com in any way, your only recourse is to immediately discontinue use of AFCcustomgranite.com.

AFCcustomgranite.com has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://www.AFCcustomgranite.com/terms

3. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you

post, email or otherwise make available via the Service. You understand that

AFCcustomgranite.com does not control, and is not responsible for Content made available

through the Service, and that by using the Service, you may be exposed to

Content that is offensive, indecent, inaccurate, misleading, or otherwise

objectionable. Furthermore, the AFCcustomgranite.com site and Content available through

the Service may contain links to other websites, which are completely

independent of AFCcustomgranite.com.  AFCcustomgranite.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained

in any such site.  Your linking to any other websites is at your own risk.

You agree that you must evaluate, and bear all risks associated with, the

use of any Content, that you may not rely on said Content, and that under no

circumstances will AFCcustomgranite.com be liable in any way for any Content or for

any loss or damage of any kind incurred as a result of the use of any Content

posted, emailed or otherwise made available via the Service. You acknowledge

that AFCcustomgranite.com does not pre-screen or approve Content, but that AFCcustomgranite.com shall have the right (but not the obligation) in its sole discretion to

refuse, delete or move any Content that is available via the Service, for

violating the letter or spirit of the TOU or for any other reason.

 

 

4. THIRD PARTY CONTENT, SITES, AND SERVICES

 

The AFCcustomgranite.com site and Content available through the Service may contain

features and functionalities that may link you or provide you with access

to third party content which is completely independent of AFCcustomgranite.com,

including web sites, directories, servers, networks, systems, information

and databases, applications, software, programs, products or services,

and the Internet as a whole.

 

Your interactions with organizations and/or individuals found on or through

the Service, including payment and delivery of goods or services, and any

other terms, conditions, warranties or representations associated with such

dealings, are solely between you and such organizations and/or individuals.

You should make whatever investigation you feel necessary or appropriate

before proceeding with any online or offline transaction with any of these

third parties.

 

You agree that AFCcustomgranite.com shall not be responsible or liable for any loss or

damage of any sort incurred as the result of any such dealings. If there is

a dispute between participants on this site, or between users and any third

party, you understand and agree that AFCcustomgranite.com is under no obligation to

become involved. In the event that you have a dispute with one or more other

users, you hereby release AFCcustomgranite.com, its officers, employees, agents and

successors in rights from claims, demands and damages (actual and

consequential) of every kind or nature, known or unknown, suspected and

unsuspected, disclosed and undisclosed, arising out of or in any way related

to such disputes and / or our service. If you are a California resident, you

waive California Civil Code Section 1542, which says: "A general release does

not extend to claims which the creditor does not know or suspect to exist in

his favor at the time of executing the release, which, if known by him must

have materially affected his settlement with the debtor."

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

 

If you believe that your work has been copied in a way that constitutes

copyright infringement, or your intellectual property rights have been

otherwise violated, please notify AFCcustomgranite.com's agent for notice of claims of

copyright or other intellectual property infringement ("Agent"), at

 

abuse@AFCcustomgranite.com

 

 

 

Please provide our Agent with the following Notice:

 

1. a) Identify the material on the AFCcustomgranite.com site that you claim is

infringing, with enough detail so that we may locate it on the website;

 

1. b) A statement by you that you have a good faith belief that the disputed

use is not authorized by the copyright owner, its agent, or the law;

 

1. c) A statement by you declaring under penalty of perjury that (1) the above

information in your Notice is accurate, and (2) that you are the owner of

the copyright interest involved or that you are authorized to act on behalf

of that owner;

 

1. d) Your address, telephone number, and email address; and

 

1. e) Your physical or electronic signature.

 

AFCcustomgranite.com will remove the infringing posting(s), subject to the the procedures

outlined in the Digital Millenium Copyright Act (DMCA).

 

 

 

6. Your use of the AFCcustomgranite.com website or the Service signifies acknowledgement of

and agreement to our Privacy Policy. You further acknowledge and agree that

AFCcustomgranite.com may, in its sole discretion, preserve or disclose your Content,

as well as your information, such as email addresses, IP addresses, timestamps,

and other user information, if required to do so by law or in the good faith

belief that such preservation or disclosure is reasonably necessary to:

comply with legal process; enforce the TOU; respond to claims that any

Content violates the rights of third-parties; respond to claims that contact

information (e.g. phone number, street address) of a third-party has been

posted or transmitted without their consent or as a form of harassment;

protect the rights, property, or personal safety of AFCcustomgranite.com, its users or

the general public.

 

7. CONDUCT

 

You agree not to post, email, or otherwise make available Content:

 

1. a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,

libelous, invasive of another's privacy, or is harmful to minors in any way;

 

1. b) that is pornographic or depicts a human being engaged in actual sexual conduct

including but not limited to (i) sexual intercourse, including genital-genital,

oral-genital, anal-genital, or oral-anal, whether between persons of the same or

opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or

masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area

of any person;

 

1. c) that harasses, degrades, intimidates or is hateful toward an individual or

group of individuals on the basis of religion, gender, sexual orientation,

race, ethnicity, age, or disability;

 

1. d) that violates the Fair Housing Act by stating, in any notice or ad for

the sale or rental of any dwelling, a discriminatory preference based on

race, color, national origin, religion, sex, familial status or handicap

(or violates any state or local law prohibiting discrimination on the

basis of these or other characteristics);

 

1. e) that violates federal, state, or local equal employment opportunity

laws, including but not limited to, stating in any advertisement for

employment a preference or requirement based on race, color, religion,

sex, national origin, age, or disability.

 

1. f) with respect to employers that employ four or more employees, that

violates the anti-discrimination provision of the Immigration and

Nationality Act, including requiring U.S. citizenship or lawful

permanent residency (green card status) as a condition for employment,

unless otherwise required in order to comply with law, regulation,

executive order, or federal, state, or local government contract.

 

1. g) that impersonates any person or entity, including, but not limited to, a

AFCcustomgranite.com employee, or falsely states or otherwise misrepresents your

affiliation with a person or entity (this provision does not apply to Content

that constitutes lawful non-deceptive parody of public figures.);

 

1. h) that includes personal or identifying information about another person

without that person's explicit consent;

 

1. i) that is false, deceptive, misleading, deceitful, misinformative, or

constitutes "bait and switch";

 

1. j) that infringes any patent, trademark, trade secret, copyright or other

proprietary rights of any party, or Content that you do not have a right to

make available under any law or under contractual or fiduciary relationships;

 

1. k) that constitutes or contains "affiliate marketing," "link referral code,"

"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited

commercial advertisement;

 

1. l) that constitutes or contains any form of advertising or solicitation if:

posted in areas of the AFCcustomgranite.com sites which are not designated for such

purposes; or emailed to AFCcustomgranite.com users who have not indicated in writing that

it is ok to contact them about other services, products or commercial interests.

 

1. m) that includes links to commercial services or web sites, except as allowed

in "services";

 

1. n) that advertises any illegal service or the sale of any items the sale of

which is prohibited or restricted by any applicable law, including without

limitation items the sale of which is prohibited or regulated by California

law. A partial list of prohibited items for sale and prohibited services

offered is provided at the following web address for your convenience:

 

 

1. o) that contains software viruses or any other computer code, files or

programs designed to interrupt, destroy or limit the functionality of any

computer software or hardware or telecommunications equipment;

 

1. p) that disrupts the normal flow of dialogue with an excessive amount of

Content (flooding attack) to the Service, or that otherwise negatively

affects other users' ability to use the Service; or

 

1. q) that employs misleading email addresses, or forged headers or otherwise

manipulated identifiers in order to disguise the origin of Content

transmitted through the Service.

 

Additionally, you agree not to:

 

1. r) contact anyone who has asked not to be contacted, or make unsolicited

contact with anyone for any commercial purpose;

 

1. s) "stalk" or otherwise harass anyone;

 

1. t) collect personal data about other users for commercial or unlawful

purposes;

 

1. u) use automated means, including spiders, robots, crawlers, data mining

tools, or the like to download data from the Service - unless expressly

permitted by AFCcustomgranite.com;

 

1. v) post non-local or otherwise irrelevant Content, repeatedly post the

same or similar Content or otherwise impose an unreasonable or

disproportionately large load on our infrastructure;

 

1. w) post the same item or service in more than one classified category or

forum, or in more than one metropolitan area;

 

1. x) attempt to gain unauthorized access to AFCcustomgranite.com's computer systems or

engage in any activity that disrupts, diminishes the quality of, interferes

with the performance of, or impairs the functionality of, the Service or

the AFCcustomgranite.com website; or

 

1. y) use any form of automated device or computer program that enables the

submission of postings on AFCcustomgranite.com without each posting being manually

entered by the author thereof (an "automated posting device"), including

without limitation, the use of any such automated posting device to submit

postings in bulk, or for automatic submission of postings at regular intervals.

 

1. z) use any form of automated device or computer program ("flagging tool")

that enables the use of AFCcustomgranite.com's "flagging system" or other community

moderation systems without each flag being manually entered by the person

that initiates the flag (an "automated flagging device"), or use the

flagging tool to remove posts of competitors, or to remove posts without a

good faith belief that the post being flagged violates these TOU;

 

8. POSTING AGENTS

 

A "Posting Agent" is a third-party agent, service, or intermediary

that offers to post Content to the Service on behalf of others. To

moderate demands on AFCcustomgranite.com's resources, you may not use a Posting

Agent to post Content to the Service without express permission or

license from AFCcustomgranite.com.  Correspondingly, Posting Agents are not

permitted to post Content on behalf of others, to cause Content to

be so posted, or otherwise access the Service to facilitate posting

Content on behalf of others, except with express permission or

license from AFCcustomgranite.com.

 

 

 

9. NO SPAM POLICY

 

You understand and agree that sending unsolicited email advertisements to

AFCcustomgranite.com email addresses or through AFCcustomgranite.com computer systems, which is

expressly prohibited by these Terms, will use or cause to be used servers

located in California.  Any unauthorized use of AFCcustomgranite.com computer systems

is a violation of these Terms and certain federal and state laws, including

without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et

seq.), Section 502 of the California Penal Code and Section 17538.45 of the

California Business and Professions Code.  Such violations may subject the

sender and his or her agents to civil and criminal penalties.

 

 

 

10. PAID POSTINGS

 

We may charge a fee to post Content in some areas of the Service. The fee

is an access fee permitting Content to be posted in a designated area.

Each party posting Content to the Service is responsible for said Content

and compliance with the TOU. All fees paid will be non-refundable in the

event that Content is removed from the Service for violating the TOU.

 

 

 

11. LIMITATIONS ON SERVICE

 

You acknowledge that AFCcustomgranite.com may establish limits concerning use of the

Service, including the maximum number of days that Content will be retained

by the Service, the maximum number and size of postings, email messages, or

other Content that may be transmitted or stored by the Service, and the

frequency with which you may access the Service. You agree that AFCcustomgranite.com

has no responsibility or liability for the deletion or failure to store any

Content maintained or transmitted by the Service. You acknowledge that

AFCcustomgranite.com reserves the right at any time to modify or discontinue the

Service (or any part thereof) with or without notice, and that AFCcustomgranite.com

shall not be liable to you or to any third party for any modification,

suspension or discontinuance of the Service.

 

 

 

12. ACCESS TO THE SERVICE

 

AFCcustomgranite.com grants you a limited, revocable, nonexclusive license to access

the Service for your own personal use.  This license does not include:

(a) access to the Service by Posting Agents; or (b) any collection,

aggregation, copying, duplication, display or derivative use of the Service

nor any use of data mining, robots, spiders, or similar data gathering and

extraction tools for any purpose unless expressly permitted by AFCcustomgranite.com.

A limited exception to (b) is provided to general purpose internet search

engines and non-commercial public archives that use such tools to gather

information for the sole purpose of displaying hyperlinks to the Service,

provided they each do so from a stable IP address or range of IP addresses

using an easily identifiable agent and comply with our robots.txt file.

"General purpose internet search engine" does not include a website or

search engine or other service that specializes in classified listings

or in any subset of classifieds listings such as jobs, housing, for sale,

services, or personals, or which is in the business of providing classified

ad listing services.

 

AFCcustomgranite.com permits you to display on your website, or create a hyperlink

on your website to, individual postings on the Service so long as such use

is for noncommercial and/or news reporting purposes only (e.g., for use in

personal web blogs or personal online media).  If the total number of such

postings displayed or linked to on your website exceeds one hundred (100)

postings, your use will be presumed to be in violation of the TOU,

absent express permission granted by AFCcustomgranite.com to do so.  You may also

create a hyperlink to the home page of AFCcustomgranite.com sites so long as the

link does not portray AFCcustomgranite.com, its employees, or its affiliates in a

false, misleading, derogatory, or otherwise offensive matter.

 

AFCcustomgranite.com offers various parts of the Service in RSS format so that users

can embed individual feeds into a personal website or blog, or view postings

through third party software news aggregators.  AFCcustomgranite.com permits you to

display, excerpt from, and link to the RSS feeds on your personal website

or personal web blog, provided that (a) your use of the RSS feed is for

personal, non-commercial purposes only, (b) each title is correctly linked

back to the original post on the Service and redirects the user to the

post when the user clicks on it, (c) you provide, adjacent to the RSS

feed, proper attribution to 'AFCcustomgranite.com' as the source, (d) your use or

display does not suggest that AFCcustomgranite.com promotes or endorses any third

party causes, ideas, web sites, products or services, (e) you do not

redistribute the RSS feed, and (f) your use does not overburden

AFCcustomgranite.com's systems.  AFCcustomgranite.com reserves all rights in the content of

the RSS feeds and may terminate any RSS feed at any time.

 

Use of the Service beyond the scope of authorized access granted to you by

AFCcustomgranite.com immediately terminates said permission or license.  In order to

collect, aggregate, copy, duplicate, display or make derivative use of the

the Service or any Content made available via the Service for other

purposes (including commercial purposes) not stated herein, you must first

obtain a license from AFCcustomgranite.com.

 

 

 

13. TERMINATION OF SERVICE

 

You agree that AFCcustomgranite.com, in its sole discretion, has the right (but not

the obligation) to delete or deactivate your account, block your email or IP

address, or otherwise terminate your access to or use of the Service (or any

part thereof), immediately and without notice, and remove and discard any

Content within the Service, for any reason, including, without limitation,

if AFCcustomgranite.com believes that you have acted inconsistently with the letter or

spirit of the TOU. Further, you agree that AFCcustomgranite.com shall not be liable

to you or any third-party for any termination of your access to the Service.

Further, you agree not to attempt to use the Service after said termination.

Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.

 

 

 

14. PROPRIETARY RIGHTS

 

The Service is protected to the maximum extent permitted by copyright laws

and international treaties. Content displayed on or through the Service is

protected by copyright as a collective work and/or compilation, pursuant to

copyrights laws, and international conventions. Any reproduction,

modification, creation of derivative works from or redistribution of the

site or the collective work, and/or copying or reproducing the sites

or any portion thereof to any other server or location for further

reproduction or redistribution is prohibited without the express

written consent of AFCcustomgranite.com. You further agree not to reproduce,

duplicate or copy Content from the Service without the express written

consent of AFCcustomgranite.com, and agree to abide by any and all copyright notices

displayed on the Service. You may not decompile or disassemble, reverse

engineer or otherwise attempt to discover any source code contained in the

Service. Without limiting the foregoing, you agree not to reproduce,

duplicate, copy, sell, resell or exploit for any commercial purposes, any

aspect of the Service. AFCcustomgranite.com is a registered mark in the U.S. Patent

and Trademark Office.

 

Although AFCcustomgranite.com does not claim ownership of content that its users post,

by posting Content to any public area of the Service, you automatically

grant, and you represent and warrant that you have the right to grant, to

AFCcustomgranite.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide

license to use, copy, perform, display, and distribute said Content and to

prepare derivative works of, or incorporate into other works, said Content,

and to grant and authorize sublicenses (through multiple tiers) of the

foregoing. Furthermore, by posting Content to any public area of the Service,

you automatically grant AFCcustomgranite.com all rights necessary to prohibit any

subsequent aggregation, display, copying, duplication, reproduction, or

exploitation of the Content on the Service by any party for any purpose.

 

 

 

15. DISCLAIMER OF WARRANTIES

 

YOU AGREE THAT USE OF THE AFCcustomgranite.com SITE AND THE SERVICE IS ENTIRELY AT

YOUR OWN RISK. THE AFCcustomgranite.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS

IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL

EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE

FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW,

AFCcustomgranite.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,

TIMELINESS, ACCURACY, AND PERFORMANCE OF THE AFCcustomgranite.com SITE AND THE

SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, AFCcustomgranite.com DISCLAIMS ANY

WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE

AFCcustomgranite.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON

THE AFCcustomgranite.com SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, AFCcustomgranite.com

DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN

CONNECTION WITH THE AFCcustomgranite.com SITE OR THE SERVICE.  Some jurisdictions do

not allow the disclaimer of implied warranties.  In such jurisdictions, some

of the foregoing disclaimers may not apply to you insofar as they relate to

implied warranties.

 

 

 

16. LIMITATIONS OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL AFCcustomgranite.com BE LIABLE FOR DIRECT, INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF AFCcustomgranite.com

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY

ASPECT OF YOUR USE OF THE AFCcustomgranite.com SITE OR THE SERVICE, WHETHER THE

DAMAGES ARISE FROM USE OR MISUSE OF THE AFCcustomgranite.com SITE OR THE SERVICE, FROM

INABILITY TO USE THE AFCcustomgranite.com SITE OR THE SERVICE, OR THE INTERRUPTION,

SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE AFCcustomgranite.com SITE

OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES

INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR

ADVERTISED IN CONNECTION WITH THE AFCcustomgranite.com SITE OR THE SERVICE OR ANY

LINKS ON THE AFCcustomgranite.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR

ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AFCcustomgranite.com SITE

OR THE SERVICE OR ANY LINKS ON THE AFCcustomgranite.com SITE.  THESE LIMITATIONS SHALL

APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,

limitations of liability are not permitted.  In such jurisdictions, some of

the foregoing limitation may not apply to you.

 

 

 

17. INDEMNITY

 

You agree to indemnify and hold AFCcustomgranite.com, its officers, subsidiaries,

affiliates, successors, assigns, directors, officers, agents, service

providers, suppliers and employees, harmless from any claim or demand,

including reasonable attorney fees and court costs, made by any third party

due to or arising out of Content you submit, post or make available through

the Service, your use of the Service, your violation of the TOU, your

breach of any of the representations and warranties herein, or your

violation of any rights of another.

 

 

 

18. GENERAL INFORMATION

 

The TOU constitute the entire agreement between you and AFCcustomgranite.com and

govern your use of the Service, superseding any prior agreements between you

and AFCcustomgranite.com. The TOU and the relationship between you and AFCcustomgranite.com

shall be governed by the laws of the State of California without regard to

its conflict of law provisions. You and AFCcustomgranite.com agree to submit to the

personal and exclusive jurisdiction of the courts located within the county

of San Francisco, California. The failure of AFCcustomgranite.com to exercise or

enforce any right or provision of the TOU shall not constitute a waiver of

such right or provision. If any provision of the TOU is found by a court

of competent jurisdiction to be invalid, the parties nevertheless agree that

the court should endeavor to give effect to the parties' intentions as

reflected in the provision, and the other provisions of the TOU remain in

full force and effect. You agree that regardless of any statute or law to

the contrary, any claim or cause of action arising out of or related to use

of the Service or the TOU must be filed within one (1) year after such

claim or cause of action arose or be forever barred.

 

 

 

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

 

Please report any violations of the TOU, by flagging the posting(s) for

review, or by emailing to:

 

abuse@AFCcustomgranite.com.org

 

Our failure to act with respect to a breach by you or others does not waive our

right to act with respect to subsequent or similar breaches.

 

You understand and agree that, because damages are often difficult to quantify,

if it becomes necessary for AFCcustomgranite.com to pursue legal action to enforce these

Terms, you will be liable to pay AFCcustomgranite.com the following amounts as liquidated damages, which you accept as reasonable estimates of AFCcustomgranite.coms' damages for the specified breaches of these Terms:

1. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay AFCcustomgranite.com one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.

1. If AFCcustomgranite.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay AFCcustomgranite.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access AFCcustomgranite.com in excess of such limits, whichever is higher.

1. If you send unsolicited email advertisements to AFCcustomgranite.com email addresses or through AFCcustomgranite.com computer systems, you agree to pay AFCcustomgranite.com twenty-five dollars ($25) for each such email.

 

1. If you post Content in violation of the TOU, other than as described above, you agree to pay AFCcustomgranite.com one hundred dollars ($100) for each Item of Content posted.  In its sole discretion, AFCcustomgranite.com may elect to issue a warning before assessing damages.

 

1. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay AFCcustomgranite.com one hundred dollars ($100) for each and every Item you post in violation of the TOU.  A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay AFCcustomgranite.com an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.

1. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without AFCcustomgranite.com's express written permission, you agree to pay AFCcustomgranite.com three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay AFCcustomgranite.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, AFCcustomgranite.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.