Agenzy.com Terms of Use Agreement


Last Updated: 11/11/2012

Welcome to Agenzy.com! This agreement sets forth the terms on which you may access and use our services. The services offered by Agenzy.com include the Agenzy.com website (the "Site") and any other features, content, or applications offered from time to time by Agenzy.com in connection with the Site (collectively, the "Agenzy.com Services").

By accessing or using the Site or other Agenzy.com Services, you agree to be bound by the following terms and conditions and policies, including any future amendments (collectively, the "Terms of Use" or "Agreement"), whether or not you open an account or become a registered member of Agenzy.com.

READ THESE TERMS OF USE: THEY ARE IMPORTANT! THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE Agenzy.com SERVICES.

Nothing in these Terms of Use should be construed to confer any rights to third-party beneficiaries.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time without further notice, without liability to you, any other member or any third-party. If we do this, we will post the changes to the Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Agenzy.com Services after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then please do not access or use (or continue to access or use) the Agenzy.com Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to carefully review such changes.

Eligibility/Use of Service

Your use of the Agenzy.com Services is governed by these Terms of Use. Use of and membership in the Agenzy.com Services is void where prohibited. You must be at least 18 years of age to use the Agenzy.com Services. Any registration by, use of or access to the Agenzy.com Services by anyone under the age of 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Agenzy.com Services, you represent and warrant that you are 18 years of age or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

Agenzy.com may terminate your membership, close your account, delete your profile and any content or information that you have posted on or submitted to the Agenzy.com Services and/or prohibit you from using or accessing the Agenzy.com Services (or any portion, aspect or feature of the Agenzy.com Services, including the Site) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

Agenzy.com reserves the right to refuse service without prior notice to anyone at any time for any or no reason.

Registration Data; Password and Account Security

In consideration of your use of the Agenzy.com Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification, and not to disclose your password to any third-party; (c) maintain and promptly update the Registration Data, and any other information you provide to Agenzy.com, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT LOGIN, and are fully responsible for all activities that occur under your password or account login with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Agenzy.com of any unauthorized use of your password or account or any other breach of security. Agenzy.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Privacy Policy

By using or accessing the Site or the Agenzy.com Services, you are consenting to have your personal data transferred to and processed in the United States and YOU ARE ASSENTING TO THE TERMS AND CONDITIONS OF Agenzy.com'S PRIVACY POLICY, WHICH IS LOCATED AT http://www.agenzy.com/privacy AND WHICH CONSTITUTES PART OF THIS AGREEMENT.

Links to Third-Party Websites and Content

The Agenzy.com Services contain links to other websites that are not owned or controlled by Agenzy.com ("Third-Party Websites") as well as photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third-parties (the "Third-Party Content"). Agenzy.com has no control over, and assumes no responsibility for any Third-Party Websites accessed through the Agenzy.com Services, or any Third-party Content posted on the Agenzy.com Services, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third-Party Websites or the Third-Party Content. Agenzy.com does not investigate, monitor, edit, or censor any Third-Party Websites or Third-Party Content. Inclusion of or linking to any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by Agenzy.com. When clicking on coupon codes or other links to merchants on the Agenzy.com site, you will be sent, via a new Web browser window, directly to the merchant's site to complete your transaction.

We encourage you to be aware when you leave the Agenzy.com Services, and access any Third-Party Websites. If you leave the Agenzy.com Services and access any Third-Party Websites, be mindful that our terms and policies no longer govern, and that you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites that you visit.

Intellectual Property Rights

The content on the Agenzy.com Services including without limitation, the text, graphics, photos, sounds, music, videos, interactive features, software, scripts, and the like, and their selection and arrangement ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Agenzy.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, modified, downloaded, posted, sold, licensed, or otherwise exploited for any other purposes whatsoever, in any form or by any means, without the prior written consent of the respective owners. Agenzy.com reserves all rights not expressly granted in and to the Agenzy.com Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of content of third-parties obtained through the Agenzy.com Services for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Agenzy.com Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Agenzy.com Services or the Content therein. Any use of Content other than as specifically authorized herein, without the prior written consent of the respective owners, is strictly prohibited. Be aware that unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Nothing herein shall be construed as conferring any license to the intellectual property rights of any third-party, whether by estoppel, implication or otherwise.

Except as expressly authorized by Agenzy.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Agenzy.com's proprietary information. "Agenzy.com" and the Agenzy.com logos are trademarks of Agenzy.com LTD. All other trademarks are the property of their respective owners.

User Conduct

The Agenzy.com Services (including the Site) are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Agenzy.com Services will violate or infringe upon the rights of any third-party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of users from the Agenzy.com Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use any software or automated systems or scripts to collect information or Content from the Agenzy.com Services for any purpose. You further agree that you will not use the Agenzy.com Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Agenzy.com Services. In addition, you agree not to use the Agenzy.com Services or the Site to:

  • register for more than one member account, register for a member account on behalf of an individual other than yourself, or register for a member account on behalf of any group or entity;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • interfere with, disrupt, impair or create an undue burden on the Agenzy.com Services or the networks or services connected to the Agenzy.com Services;
  • solicit passwords or personally identifying information for commercial or unlawful purposes;
  • upload, post, transmit, share or otherwise make available any material 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;
  • use or attempt to use another's account, service or system without authorization from the Agenzy.com, or create a false identity on the Agenzy.com Services.
  • use the Agenzy.com Services in a manner inconsistent with any applicable laws or regulations

Agenzy.com permits you to link to materials on the Site for personal, non-commercial purposes only. Agenzy.com reserves the right to discontinue any aspect of the Agenzy.com Services at any time.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE Agenzy.com SERVICES, INCLUDING THE Agenzy.com WEBSITE, SHALL BE AT YOUR SOLE RISK. THE Agenzy.com SERVICES, Agenzy.com WEBSITE AND CONTENT ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, Agenzy.com, ITS SUBSIDIARIES, PARENTS AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Agenzy.com SERVICES AND YOUR USE THEREOF. Agenzy.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Agenzy.com SERVICE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE Agenzy.com SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Agenzy.com SERVICES OR Agenzy.com WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Agenzy.com SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Agenzy.com SERVICES OR Agenzy.com'S SERVERS BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Agenzy.com SERVICES. Agenzy.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE Agenzy.com SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Agenzy.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Agenzy.com, its parents, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents, are not responsible or liable in any manner for any Third-Party Content posted, uploaded, or displayed on the Site or in connection with the Agenzy.com Services, whether caused by users of the Agenzy.com Services or by any of the equipment or programming associated with or utilized in the Agenzy.com Services. Although we provide rules for user conduct, we do not control and are not responsible for what third-parties post on the Agenzy.com Services and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Agenzy.com Services or in connection with any Third-party Content. Agenzy.com, its parent company, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents, are not responsible for the conduct, whether online or offline, of any user of the Agenzy.com Services.

The Agenzy.com Services may be temporarily unavailable from time to time for maintenance or other reasons. Agenzy.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Agenzy.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Agenzy.com Services. Under no circumstances will Agenzy.com be responsible for any loss or damage, including any loss or personal injury or death resulting from anyone's use of the Agenzy.com Services, any Third-Party Content posted on or through the Agenzy.com Services or transmitted to users of the Agenzy.com Services, or any interactions between users of the Agenzy.com Services, whether online or offline.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Agenzy.com Service, you agree that the substantive laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Agenzy.com or any of its subsidiaries, parents or affiliates. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Austin, Travis County, Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Austin, Travis County, Texas.

In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Agenzy.com Services (including your visit to or use of the Site and/or the Agenzy.com Services) be instituted more than three (3) year after the cause of action arose.

The Agenzy.com Services are controlled and offered by Agenzy.com from its facilities in the United States of America. Agenzy.com makes no representations that the Agenzy.com Services are appropriate or available for use in other locations. Those who chose to access or use the Agenzy.com Services from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations.

Limitation of Liability

IN NO EVENT SHALL Agenzy.com, ITS SUBSIDIARIES, PARENTS OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOST PROFITS OR LOST DATA, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Agenzy.com SERVICES (INCLUDING THE Agenzy.com WEBSITE), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Agenzy.com SERVICES (INCLUDING THE Agenzy.com WEBSITE), (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE Agenzy.com SERVICES (INCLUDING THE Agenzy.com WEBSITE) BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Agenzy.com SERVICES (INCLUDING THE Agenzy.com WEBSITE), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Agenzy.com IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Agenzy.com SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL Agenzy.com, ITS SUBSIDIARIES, PARENTS OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD-PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE Agenzy.com SERVICES (INCLUDING THE Agenzy.com WEBSITE) OR ANY OF THE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE Agenzy.com SERVICES (INCLUDING THE Agenzy.com WEBSITE), EVEN IF Agenzy.com IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Agenzy.com'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Agenzy.com FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL Agenzy.com'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO Agenzy.com FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM Agenzy.com, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Release

You are solely responsible for your interactions with other Agenzy.com users and third-party providers of products or services. Agenzy.com reserves the right, but has no obligation or duty, to monitor disputes between you and other users or members.

IF YOU HAVE A DISPUTE WITH ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES, YOU RELEASE Agenzy.com, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §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."

Indemnity

You agree to defend, indemnify and hold harmless Agenzy.com, its subsidiaries, parents and affiliates, and each of their officers, directors, partners, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site or other Agenzy.com Services; (ii) your violation of any term of these Terms of Use or of any applicable law; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your use of the site caused damage to a third-party. This defense and indemnification obligation will survive these Terms of Use and your use of the Agenzy.com Services.

Ability to Accept Terms of Use

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Agenzy.com without restriction.

General Terms

You agree that: (i) the Agenzy.com Services shall be deemed solely based in Texas; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Agenzy.com, either specific or general, in jurisdictions other than Texas. These Terms of Use shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. These Terms of Use, together with the Privacy Policy at http://www.agenzy.com/privacy and any other legal notices published by Agenzy.com on the Agenzy.com Services, shall constitute the entire agreement between you and Agenzy.com concerning the Agenzy.com Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Agenzy.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Agenzy.com reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Agenzy.com Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.



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