Terms of Service

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING A MANDATORY PRE-DISPUTE RESOLUTION PROCEDURE (SECTION 17), A CLASS ACTION WAIVER (SECTION 18), AND A JURY TRIAL WAIVER (SECTION 19). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES.
Afar LLC, a Delaware public benefit limited liability company also known as Afar Media (“Afar,” “we,” “us,” or “our”), is a travel media company that creates and publishes journalism, guides, and related content. These Terms of Service (“Terms”) govern your access to and use of our editorial content, digital properties, subscriptions, and other services, including afar.com, suitcasemag.com, and all associated applications, digital and print publications, newsletters, podcasts, and social media channels operated under the Afar and Suitcase brands (collectively, the “Services”).By accessing or using the Services — including by reading our content, subscribing, creating an account, or clicking to accept these Terms — you agree to be bound by them. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, please do not use the Services.

Table of Contents

  1. Eligibility
  2. Registration and Accounts
  3. Description of Services
  4. Access to Content and Permitted Use
  5. Afar’s Intellectual Property
  6. Prohibited Conduct
  7. User Submissions
  8. Advertising, Affiliate Relationships, and Commercial Compensation
  9. Privacy and Data Practices
  10. Subscriptions and Payments
  11. Copyright Policy and DMCA
  12. Editorial Standards, Disclosures, and Disclaimers
  13. Feedback
  14. Indemnification
  15. Disclaimer of Warranties
  16. Limitation of Liability
  17. Mandatory Pre-Dispute Resolution Procedure
  18. Class Action Waiver
  19. Jury Trial Waiver
  20. Governing Law and Forum Selection
  21. Modifications to Terms and Services
  22. Termination
  23. General Provisions

1. Eligibility

You must be at least 16 years old to use the Services. By using the Services, you represent that you are at least 16 years old and have the legal capacity to enter into a binding contract. Users between the ages of 16 and 18 may use the Services only with the consent and supervision of a parent or legal guardian who agrees to these Terms on their behalf.

We do not knowingly collect personal information from children under 16. If we learn that we have inadvertently collected such information, we will delete it promptly.

The Services are operated from the United States. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local laws.


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2. Registration and Accounts

Certain features of the Services — including magazine subscriptions and newsletters — may require you to create an account. When registering, you agree to provide accurate, current, and complete information and to keep it updated. You may not create more than one account for the same Service.

You are solely responsible for the confidentiality of your account credentials and for all activity under your account. Notify us immediately at notification@afar.com if you become aware of any unauthorized use of your account. We are not liable for any loss resulting from your failure to protect your credentials.

We reserve the right to refuse registration, or to suspend or terminate any account, at any time and for any reason, in our sole discretion, with or without notice.

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3. Description of Services

Afar is a travel media company. Our Services include, without limitation:

  • (a) Websites and digital platforms: afar.com and suitcasemag.com, including travel guides, articles, destination content, and Afar Advisor;
  • (b) Print and digital magazine editions published under the Afar brand, and digital content published under the Suitcase brand;
  • (c) Email newsletters and other subscriber communications;
  • (d) Podcasts, including Unpacked, Travel Tales, and View From Afar;
  • (e) Social media channels and accounts operated by Afar across third-party platforms; and
  • (f) Any other media products, tools, or platforms we offer under the Afar or Suitcase brands, whether now existing or later developed.

“Afar Content” means all articles, photography, video, audio, graphics, guides, data, and other materials created, commissioned, published, or licensed by Afar and made available through the Services. Afar Content does not include User Submissions (as defined in Section 7).


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4. Access to Content and Permitted Use

Subject to your compliance with these Terms, Afar grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services and Afar Content solely for your own personal, non-commercial informational purposes.

This license permits you to:

  • (a) read, view, and stream Afar Content through the Services in the ordinary course of use;
  • (b) share links to individual articles or pages via email or social media, provided the link directs to Afar’s own website; and
  • (c) print a reasonable number of pages for personal, non-commercial use only.

This license does not permit you to:

  • (a) reproduce, republish, redistribute, or publicly display any Afar Content without our prior written consent;
  • (b) use any Afar Content for commercial purposes, including resale, advertising, or in any product or service offered for compensation;
  • (c) frame, inline-link to, or otherwise incorporate Afar Content into another website or application without our prior written consent;
  • (d) remove or alter any copyright notice, trademark, watermark, or other proprietary marking on Afar Content; or
  • (e) use Afar Content in any manner not expressly authorized by these Terms.

Subscription Content: Access to digital and print editions of Afar and Suitcase magazines may be subject to applicable subscription terms, incorporated by reference. Subscription content may only be accessed by the subscribing account holder and may not be shared or transferred outside the scope of the applicable subscription.


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5. Afar’s Intellectual Property

Afar and its licensors own all right, title, and interest in and to the Services and all Afar Content, including all copyright, trademark, trade dress, patent, trade secret, and other intellectual property rights. Nothing in these Terms transfers any ownership to you or grants any rights beyond the limited license in Section 4.

The Afar and Suitcase names, logos, taglines, and all related marks and brand elements are trademarks or service marks of Afar LLC. You may not use any Afar trademark without our prior written consent.

For reproduction, licensing, or reuse inquiries beyond the scope permitted by Section 4, please contact notification@afar.com.


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6. Prohibited Conduct

In using the Services, you agree not to:

  • (a) violate any applicable law, regulation, or these Terms;
  • (b) use any automated tool — including bots, spiders, scrapers, crawlers, or data-mining software — to access, copy, index, or harvest the Services or any Afar Content without our prior written permission;
  • (c) use the Services or any Afar Content to train, develop, test, or improve any artificial intelligence system, large language model, machine learning model, or similar technology without our prior written permission;
  • (d) probe, scan, or test the vulnerability of any Afar system or network, or circumvent any security or authentication measure;
  • (e) access any non-public portion of the Services or Afar’s technical infrastructure;
  • (f) introduce viruses, worms, malware, or other harmful code into the Services;
  • (g) interfere with or disrupt the Services or any servers or networks connected to them;
  • (h) impersonate Afar, any Afar employee, or any other person or entity;
  • (i) attempt to reverse engineer, decompile, or disassemble any portion of the Services; or
  • (j) use the Services for any unauthorized commercial purpose or to compete with Afar.


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7. User Submissions

7.1 No User-Generated Content on Website

Afar does not currently accept user-generated content — such as user-uploaded photographs, articles, or reviews — on afar.com or suitcasemag.com. Some legacy user-generated content from prior years may remain accessible on our websites, but we are not accepting new contributions of that kind. The limited submission scenarios described below are the only ways users currently submit content to Afar.

7.2 Survey and Email Responses

Afar may invite you to respond to surveys, polls, or similar requests through our newsletters or other communications. By responding, you grant Afar a worldwide, perpetual, royalty-free license to use, reproduce, and publish your response (in whole or in part, with or without attribution) for editorial, research, promotional, and other business purposes. Responses are voluntary. You acknowledge that any information you provide to us may be shared by us provided that we do so in compliance with our Privacy Policy.

7.3 Social Media Interactions

When you tag Afar, respond to an Afar social media prompt, or otherwise share content directly with Afar on a third-party social platform, you grant Afar a limited, non-exclusive license to repost or republish that content in connection with the Services or Afar’s promotional activities. Afar will use reasonable efforts to credit you when reposting your content. This license does not obligate Afar to use your content or to provide any compensation.

7.4 Future On-Site Commentary

If Afar enables user commentary features on any of its websites in the future, this Section 7 and any supplemental terms posted at that time will govern those submissions.

7.5 Your Representations

With respect to any content you submit to Afar, you represent and warrant that: (a) you own or have all rights necessary to make the submission and to grant the license above; (b) the submission does not infringe any copyright, trademark, privacy, or other right of any third party; and (c) the submission does not violate any applicable law.

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8. Advertising, Affiliate Relationships, and Commercial Compensation

The Services may contain links to, or embed content from, third-party websites and services not owned or controlled by Afar. Afar does not endorse or assume responsibility for the availability, accuracy, or content of any third-party site. Your use of third-party sites is at your own risk.

The Services include advertising sold by Afar to third-party advertisers. Advertising may be targeted based on content, context, or user activity.

Afar receives compensation in connection with the Services in various forms, including without limitation:

  • (a) Affiliate commissions: Afar participates in affiliate marketing programs. Certain links may result in Afar earning a commission if you click through and make a purchase from a third-party retailer or service provider.
  • (b) Click-based and impression-based advertising: Afar may earn fees based on the number of times an advertisement is displayed or clicked by users.
  • (c) Lead generation and referral fees: Afar may earn compensation when users are referred to a third-party service and complete an action such as a booking, inquiry, subscription, or other transaction.
  • (d) Sponsored and partner content fees: Afar is compensated for producing content on behalf of advertising partners, as described more fully in Section 12.4 below.

Afar discloses affiliate relationships and other material commercial arrangements in accordance with applicable FTC guidelines. The existence of any commercial arrangement does not guarantee favorable editorial coverage or influence our independent editorial content.


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9. Privacy and Data Practices

9.1 Privacy Policy

Your use of the Services is subject to our Privacy Policy (afar.com/about/privacy-policy) and Cookie Policy (afar.com/about/cookie-policy), both incorporated by reference. The Privacy Policy describes in detail what information we collect, how we use it, with whom we share it, and how you can exercise your rights. In the event of a conflict between this Section and the Privacy Policy, the Privacy Policy controls.

9.2 Information We Collect

In connection with your use of the Services, we may collect:

  • (a) Information you provide directly, such as your name, email address, postal address, payment information, and account credentials when you register, subscribe, or contact us;
  • (b) Usage and device data, including pages viewed, links clicked, time spent, IP address, browser type, device identifiers, and referring URLs;
  • (c) Communications you send us, including survey responses, correspondence, and customer service inquiries; and
  • (d) Information collected through cookies, web beacons, pixels, and similar technologies, as described in our Cookie Policy.

9.3 How We Use Your Information

We use the information we collect to operate and improve the Services; fulfill subscriptions and process payments; send newsletters and other communications you have requested; personalize your experience; serve and measure advertising; conduct analytics; detect and prevent fraud and abuse; comply with legal obligations; and communicate with you about your account or these Terms.

9.4 Sharing with Third Parties

We may share your information with: advertising partners and networks (in accordance with our Cookie Policy and applicable privacy law); analytics providers; subscription fulfillment and payment processors; email service providers; and other service providers who process data on our behalf. We do not sell your personal information in the traditional sense, but certain sharing with advertising partners may qualify as a “sale” or “sharing” under California law. Please see our Privacy Policy for details and opt-out instructions.

9.5 Email Communications and Opt-Out

If you subscribe to a newsletter or other email communication, you may unsubscribe at any time by clicking the unsubscribe link in any email. You may also contact us at privacy@afar.com (for Afar brand communications) or suitcaseprivacy@afar.com (for Suitcase brand communications). We may still send you transactional or account-related communications that are necessary to provide the Services.

9.6 California and Other State Privacy Rights

California residents have rights under the California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act (“CPRA”), including rights to know, access, delete, correct, and limit the use of their personal information, and to opt out of the sale or sharing of personal information for targeted advertising. Residents of Virginia, Colorado, Connecticut, Texas, and other states with comprehensive privacy laws may have similar rights. To exercise your rights, contact us at privacy@afar.com (Afar brand) or suitcaseprivacy@afar.com (Suitcase brand), or follow the instructions in our Privacy Policy.

9.7 Data Security

We implement reasonable administrative, technical, and physical safeguards to protect the information we collect. However, no method of transmission or storage is completely secure. If you have reason to believe that your interaction with us is no longer secure, please notify us immediately at notification@afar.com.


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10. Subscriptions and Payments

Certain Services — including print and digital editions of Afar magazine and any subscriptions offered under the Suitcase brand — require a paid subscription. Subscription pricing, billing cycles, automatic renewal terms, cancellation rights, and refund eligibility are disclosed at the time of purchase and are incorporated by reference into these Terms.

By providing a payment method, you represent that you are authorized to use it and authorize Afar to charge applicable fees. We may change pricing with reasonable advance notice; if you do not agree, you may cancel before the change takes effect. All fees are in U.S. dollars and are non-refundable unless otherwise stated at purchase or required by law.


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11. Copyright Policy and DMCA

11.1 General DMCA Procedure

Afar respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that material on the Services infringes your copyright, please send a written notice to our Copyright Agent that includes:

  • (a) your physical or electronic signature (or that of an authorized representative);
  • (b) identification of the copyrighted work claimed to have been infringed;
  • (c) identification of the allegedly infringing material and its location on the Services (e.g., the URL or a description sufficient to locate it);
  • (d) your contact information (name, address, telephone number, and email address);
  • (e) a statement that you have a good-faith belief the use is not authorized by the rights holder, its agent, or the law; and
  • (f) a statement, under penalty of perjury, that the information is accurate and you are the rights holder or authorized to act on their behalf.

Send DMCA notices to:

Afar LLC (Afar Media) Attn: Privacy & Legal 43 W 21st Street, #4 New York, NY 10010 Email: notification@afar.com

11.2 Photography and Image Rights

Photographs appearing on the Services are obtained from various sources, including third-party providers who represent to Afar that they hold the rights to license such photographs. Afar relies on those representations in good faith. If you believe that a photograph on the Services infringes your copyright, please use the procedure in Section 11.1.

We may terminate the Service access of users who are repeat infringers of copyright rights.


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12. Editorial Standards, Disclosures, and Disclaimers

12.1 Editorial Independence

Afar strives to maintain editorial independence in its journalism. Our editorial team makes decisions about coverage, recommendations, and content based on journalistic judgment, not commercial relationships. The existence of an advertising, sponsorship, affiliate, or other commercial relationship with a destination, hotel, airline, brand, or other travel supplier does not influence our independent editorial coverage, and does not guarantee favorable mention, inclusion, or review in our editorial content.

12.2 Hosted Travel and Supplier-Provided Benefits

It is a common practice in travel journalism for destinations, hotels, airlines, tourism boards, and other travel suppliers (“Suppliers”) to provide complimentary or subsidized travel, accommodation, meals, experiences, or other benefits to journalists and editors in connection with coverage (“Hosted Travel”). Afar staff and contributors may participate in Hosted Travel arrangements. While Afar requires its staff and contributors to maintain editorial independence regardless of any Hosted Travel received, we cannot guarantee that editorial coverage resulting from or related to Hosted Travel arrangements will always be free from potential perception of influence. We aim to disclose material Hosted Travel arrangements in relevant content where practical and consistent with journalistic norms.

12.3 Independent Contributors

Much of Afar’s content is produced by independent contractors and freelance contributors. Afar requires its contributors to disclose any conflicts of interest that may affect their coverage. However, Afar cannot guarantee that it is aware of all benefits, relationships, or arrangements that a contributor may have with a Supplier or other subject of their coverage. Afar similarly cannot guarantee full disclosure with respect to its employees. Readers should be aware that contributors and employees may have relationships with subjects they cover that are not known to Afar.

12.4 Sponsored, Partner, and Branded Content

In addition to its editorial content, Afar produces content for, or in partnership with, third-party advertisers and commercial partners (“Partner Content”). Partner Content differs from Afar’s independent editorial content in that the partner may have had input into the subject matter, messaging, claims, tone, or specific content. Partner Content is always clearly labeled using words or phrases such as “Sponsored,” “Partner,” “Presented By,” “Paid Content,” “In Association With,” or similar designations that indicate a commercial relationship and the partner’s involvement. Afar applies its editorial and creative expertise to make Partner Content informative and relevant to its audience, but readers should understand that Partner Content does not represent the same level of editorial independence as Afar’s unsponsored editorial coverage. Partner Content does not constitute an endorsement by Afar of the partner, its products, or its services.

12.5 Views of Contributors; No Endorsement

The views, opinions, and recommendations expressed in Afar’s content — including in articles, reviews, podcasts, newsletters, and social media posts — are those of the individual contributor or speaker and do not necessarily represent the official views or positions of Afar LLC, its management, or its ownership.

Content appearing in the Services — including coverage of or references to destinations, hotels, restaurants, airlines, tours, activities, products, and services — does not constitute an endorsement, recommendation, or guarantee by Afar of any kind. Readers should exercise their own judgment when making travel and purchasing decisions.

12.6 Accuracy of Travel Information

While Afar strives for accuracy, travel information is inherently subject to change. Prices, hours of operation, entry and visa requirements, health and safety conditions, transportation schedules, and other details described in our content may change at any time without notice. Afar cannot guarantee that any specific information reflects current conditions. We recommend independently verifying all travel-related information from authoritative sources — including official government travel advisories and embassy websites — before making any travel decisions.

Nothing in the Services constitutes professional legal, medical, financial, immigration, or safety advice. Consult qualified professionals for advice relevant to your specific circumstances.

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13. Feedback

If you submit suggestions, ideas, or other feedback about the Services (“Feedback”), that Feedback is voluntary and will be owned solely by Afar. You hereby assign to Afar all right, title, and interest in and to your Feedback, and waive any moral rights therein. Afar may use Feedback for any purpose without compensation or credit to you.


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14. Indemnification

You agree to indemnify, defend, and hold harmless Afar and its officers, directors, members, employees, agents, licensors, and successors (“Afar Parties”) from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Services; (b) any content or information you submit to Afar; (c) your breach of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any rights of a third party.

Afar reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with Afar in asserting any available defenses.


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15. Disclaimer of Warranties

THE SERVICES AND ALL AFAR CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AFAR DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AFAR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS. AFAR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR CONTINUED AVAILABILITY OF ANY AFAR CONTENT, INCLUDING TRAVEL INFORMATION THAT MAY BECOME OUTDATED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.


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16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AFAR PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF AFAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE AFAR PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE PAID TO AFAR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS CAP DOES NOT APPLY TO LIABILITY FOR DEATH OR BODILY INJURY CAUSED BY AFAR’S GROSS NEGLIGENCE, OR TO LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

THE LIMITATIONS SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AFAR. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.


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17. Mandatory Pre-Dispute Resolution Procedure

Before initiating any legal proceeding against Afar, you agree to attempt good-faith informal resolution as described below. Completing this procedure is a condition precedent to filing any claim, except for emergency injunctive or equitable relief necessary to prevent irreparable harm.

  • (a) Dispute Notice. Send a written notice (“Dispute Notice”) to Afar at the address in Section 23.9. Your notice must describe: (i) the nature and basis of the dispute; (ii) the relief sought; and (iii) the factual basis for your claim.
  • (b) Response Period. Afar will respond within thirty (30) days of receiving your Dispute Notice.
  • (c) Resolution Period. After Afar’s response (or expiration of the 30-day period), both parties will attempt to resolve the dispute in good faith for sixty (60) days (the “Resolution Period”), extendable by mutual written agreement. All discussions are confidential and protected under Federal Rule of Evidence 408 and applicable state equivalents.
  • (d) Commencement of Proceedings. If the dispute remains unresolved, either party may pursue legal remedies subject to Section 18, Section 19, and Section 20.
  • (e) Afar’s Right to Seek Relief. Nothing in this Section limits Afar’s right to seek immediate injunctive or equitable relief to protect its intellectual property rights or confidential information.


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18. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AFAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.

IF A COURT FINDS THIS CLASS ACTION WAIVER UNENFORCEABLE AS TO ANY CLAIM, THAT CLAIM SHALL BE SEVERED AND ALL OTHER CLAIMS SHALL PROCEED ONLY ON AN INDIVIDUAL BASIS. THIS WAIVER IS INDEPENDENTLY ENFORCEABLE AND SURVIVES TERMINATION OF THESE TERMS. IT DOES NOT APPLY TO CLAIMS FOR PUBLIC INJUNCTIVE RELIEF OR ANY CLAIM THAT CANNOT LAWFULLY BE SUBJECT TO A CLASS WAIVER UNDER APPLICABLE LAW.

Mandatory Minimum: Any individual legal claim brought against Afar must seek damages or relief valued at least twenty-five U.S. dollars ($25.00). Claims below this threshold may be brought only in small claims court, to the extent that court has jurisdiction. This minimum does not apply to emergency injunctive relief.


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19. Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AFAR EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, CLAIM, OR ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. EACH PARTY ACKNOWLEDGES THIS WAIVER IS MADE KNOWINGLY AND AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL.


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20. Governing Law and Forum Selection

These Terms, and any dispute, claim, or action arising out of or relating to these Terms or the Services, will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

To the extent litigation is permitted under these Terms, you and Afar each irrevocably consent to the exclusive jurisdiction and venue of the state courts in New York County, New York, and the U.S. District Court for the Southern District of New York. Each party waives any objection to jurisdiction or venue in those courts, including any objection based on inconvenient forum.


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21. Modifications to Terms and Services

We may update these Terms at any time by posting a revised version with an updated “Effective Date.” Your continued use of the Services after updated Terms are posted constitutes your acceptance. Where a modification materially and adversely affects your rights, we will provide at least 30 days’ advance notice by posting on the Services or, if you have an account, by email to your registered address.

We may also modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, without liability to you.


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22. Termination

You may stop using the Services at any time. If you have an account, you may close it by contacting privacy@afar.com (for the Afar brand), suitcaseprivacy@afar.com (for the Suitcase brand), or through your account settings.

We may terminate or suspend your access to the Services at any time and for any reason, with or without notice and without liability to you, including for any violation of these Terms. Upon termination, your license to use the Services ends immediately. Sections 5, 7.2–7.5, 11, 13, 14, 15, 16, 17, 18, 19, 20, and 23 survive termination.


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23. General Provisions

23.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any supplemental terms expressly incorporated herein, constitute the entire agreement between you and Afar regarding the Services and supersede all prior agreements on the same subject.

23.2 Severability

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

23.3 No Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision going forward.

23.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Afar may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets. Any purported assignment in violation of this provision is void.

23.5 Electronic Communications

By using the Services, you consent to receive communications from us electronically (by email or notice on the Services), and you agree that such communications satisfy any legal requirement that they be in writing.

23.6 Force Majeure

Afar will not be liable for any failure or delay in performance resulting from causes outside our reasonable control, including acts of God, war, terrorism, civil unrest, epidemics or public health emergencies, natural disasters, governmental actions, strikes, or disruptions to internet or infrastructure services.

23.7 Export Controls

You may not use or export the Services in violation of U.S. export control laws. You represent that you are not located in, and are not a national of, any country subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.

23.8 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Afar.

23.9 Notices and Contact

For questions about these Terms, to send a formal Dispute Notice under Section 17, or for DMCA copyright notices, please contact Afar at:

Afar LLC (Afar Media) Attn: Privacy & Legal 43 W 21st Street, #4 New York, NY 10010 Email: notification@afar.com

For Afar brand privacy inquiries, you may contact us at privacy@afar.com. For Suitcase brand privacy inquiries, you may also contact us at suitcaseprivacy@afar.com.

For service of legal process, Afar’s registered agent is:

c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801

Please note: The Corporation Trust Company address above is for formal legal service only. All other correspondence, including DMCA notices, dispute notices, and general inquiries, should be directed to the Privacy & Legal Department at the New York address or notification@afar.com.

Afar and Suitcase are trademarks of Afar LLC. All rights reserved.


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