Website Terms of Use

1. Introduction and Acceptance

This website describes ecommerce strategy, research, implementation, and operational services offered by Afterdark Commerce ("Afterdark," "we," "our," "us").

By accessing this website, you agree to be bound by these terms. If you do not agree to these terms, do not use this website.

Afterdark reserves the right to modify these terms at any time. Modified terms become effective immediately upon publication. Continued use of the website constitutes acceptance of modified terms.

2. Website Use License

Afterdark grants you a limited, non-exclusive, revocable license to access and use this website solely for the purpose of evaluating Afterdark's services and submitting a project inquiry.

You agree not to:

• Reproduce, modify, or create derivative works from website content without permission
• Remove or obscure any proprietary notice, label, or mark on the website
• Use the website or its content for any commercial purpose other than evaluating Afterdark's services
• Access the website by automated means (scraping, bots, crawlers) without permission
• Reverse-engineer, decompile, or disassemble the website or its functionality
• Transmit viruses, malware, or any code of a destructive nature
• Interfere with or disrupt the website's operation or servers
• Harass, abuse, or threaten any person or entity
• Transmit unsolicited bulk communications or spam

3. Intellectual Property

Afterdark's Content

Afterdark owns or licenses all website content, including text, graphics, logos, images, case study excerpts, methodology diagrams, and page design. Copyright © 2026 Afterdark Commerce. All rights reserved.

You may not copy, download, reproduce, or distribute website content without prior written permission, except for the limited purposes stated in Section 2 (evaluating services).

Your Content

Any content you submit to Afterdark through this website (project inquiry forms, email, attachments) becomes the property of Afterdark unless explicitly labeled as confidential in writing. Afterdark may use non-confidential submissions to improve services, create case studies (anonymized), or respond to your inquiry.

If you submit confidential information, mark it clearly as "CONFIDENTIAL" and Afterdark will treat it according to its Privacy Policy and applicable confidentiality agreements.

Third-Party Content

This website contains links to third-party websites and services. Afterdark does not endorse these sites and is not responsible for their content, policies, or availability. Your use of third-party sites is governed by their own terms and privacy policies.

4. No Guarantee of Results

Afterdark does not guarantee:

• Platform or payment processor approval or continued service
• Specific ecommerce performance, sales volume, or customer acquisition
• Search engine rankings or algorithmic visibility
• Compliance with any platform's terms or policies
• That recommended strategies will be adopted by third-party services

Services are provided on an as-is basis to support informed business decision-making. Outcomes depend on many factors beyond Afterdark's control, including client implementation, third-party platform decisions, market conditions, and business execution.

5. Disclaimer of Liability

No Legal or Compliance Advice

Afterdark provides ecommerce strategy, research, and implementation services. Afterdark does not provide legal advice, tax advice, or regulatory compliance guidance. Clients remain responsible for:

• Ensuring lawful business operations in all applicable jurisdictions
• Accurate business disclosures to platforms, processors, and regulatory bodies
• Final approval of all product claims, safety information, and policies
• Engagement of qualified legal, tax, and compliance professionals where appropriate

Any policy groundwork or compliance research is provided as operational support only and requires review by qualified legal counsel before reliance or publication.

Limitation of Liability

TO THE EXTENT PERMITTED BY ARIZONA LAW, AFTERDARK'S LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS WEBSITE, ITS CONTENT, OR YOUR USE OF IT IS LIMITED TO THE GREATER OF (A) DIRECT DAMAGES YOU HAVE ACTUALLY PAID TO AFTERDARK FOR SERVICES, OR (B) ONE HUNDRED DOLLARS ($100).

AFTERDARK IS NOT LIABLE FOR:

• Indirect, incidental, special, consequential, punitive, or exemplary damages
• Lost profits, revenue, data, goodwill, or business opportunity
• Damage to reputation or business relationships
• Costs of substitute services
• Interruption of service or downtime
• Third-party claims or actions

This limitation applies regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if Afterdark has been advised of the possibility of such damages.

Carve-outs

Nothing in these terms limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Breach of confidentiality obligations
• Violations of applicable law that cannot be waived

6. External Links

This website may contain links to external websites for informational purposes. Afterdark does not control, endorse, or assume responsibility for:

• The content, accuracy, or legality of external sites
• Changes to external sites after linking
• Availability or uptime of external sites
• Privacy practices or data handling of external sites
• Third-party advertising or tracking on external sites

Your use of external sites is your choice and your responsibility. Review their terms and privacy policies before interacting.

7. Privacy and Data Handling

Use of this website is governed by Afterdark's Privacy Policy, incorporated by reference. Personal information collected through this website (inquiries, contact forms, email) is processed according to the Privacy Policy.

If you submit confidential business information through a project inquiry, it will be treated as confidential and used solely to assess project fit and respond to your inquiry, except as required by law.

8. Website Availability

Afterdark does not guarantee that this website will be:

• Always available or error-free
• Free from viruses, malware, or security vulnerabilities
• Accessible from all locations or via all devices or browsers

Afterdark may modify, suspend, or discontinue the website or any feature without notice. Afterdark is not liable for any unavailability, errors, or interruptions.

9. Prohibited Content and Conduct

You agree not to use this website to:

• Transmit content that is illegal, obscene, defamatory, or violates third-party rights
• Impersonate any person or entity
• Stalk, harass, threaten, or abuse any individual
• Interfere with the operation of the website or its systems
• Violate any applicable law or regulation
• Infringe on intellectual property rights

Afterdark reserves the right to remove prohibited content and terminate access without liability.

10. Indemnification

You agree to indemnify, defend, and hold harmless Afterdark from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) arising from:

• Your use of this website
• Your violation of these terms
• Your submission of content that violates third-party rights or applicable law
• Your actions or omissions related to the website

11. Governing Law and Jurisdiction

These terms are governed by the laws of the State of Arizona, without regard to conflicts of law principles. You consent to the personal jurisdiction of the state and federal courts located in Maricopa County, Arizona.

If you are located outside Arizona or the United States, you acknowledge that these terms are enforceable in Arizona courts and you waive any objection based on inconvenient forum.

12. Severability

If any provision of these terms is found invalid or unenforceable, that provision is severed, and the remaining terms remain in effect to the maximum extent permitted by law.

13. Entire Agreement

These Website Terms of Use, together with the Client Service Terms (for clients), the Privacy Policy, and any separate written agreement with Afterdark, constitute the entire agreement regarding the website and Afterdark's services.

14. Contact

For questions about these terms, contact: