Strategic Agent Inc.™ Products Terms and Conditions Contract (Agreement)
NOTE: If you cancel before the end of the year, you will be billed at current monthly rate
Absolute StrategicAgent, Inc. (“Absolute StrategicAgent “) provides as the exclusive distributor of Absolute StrategicAgent.com® Products and Services, to the Purchaser (referred to as “Client”, “You” or “Your” and variations thereof), through servers that Absolute StrategicAgent, Inc. and its subsidiaries own or control, marketing products and services such as Template and Custom Websites, IDX MLS Search Systems, Computer Programming, Domain Names, Email Accounts, Hosting Services, Internet Marketing, Press Releases, and any Third Part Products, etc. (Collectively or individually these products and services are referred to as the “Product,” as applicable). The following “Terms and Conditions” between Absolute StrategicAgent Inc. and You shall apply to all Products. These Terms and Conditions, together with the attached order form (“Order Form”) constitute and are hereinafter referred to as the “Agreement. “For each Product, the procedure for the Product shall be as follows: (a) You shall or Absolute StrategicAgent (for additional fees) shall be authorized by You to customize the selected Product by incorporating Your Content (such customized Product shall hereinafter be referred to as “Your Product”). Absolute StrategicAgent reserves the right to omit Your Content in whole or in part if Absolute StrategicAgent, in its sole discretion, finds any part of it to be in violation of the terms of Section 2.2 or inappropriate. You acknowledge that Absolute StrategicAgent may, from time to time update its Technical Standards and Procedures which are published at http://www.Absolute StrategicAgent.com and agree to Periodically review the Technical Standards and procedures to ensure compliance therewith. Furthermore, Absolute StrategicAgent reserves the right to alter or change the Products at any time without notice.; (b) Finally, Absolute StrategicAgent shall, where applicable, produce the number of units and selection of Your Product that you specified on the Order Form; and (c) Absolute StrategicAgent has the right to incorporate links to the Absolute StrategicAgent Site from Your Product.
Your Obligations. (a)You grant Absolute StrategicAgent and its affiliates a non-exclusive right to use, copy, reproduce, modify, distribute, and integrate and combine with information provided by Absolute StrategicAgent and third parties Your Content into Your Product (collectively, the “License”). (c) You acknowledge and agree that you have retained a copy of Your Content and you hereby release Absolute StrategicAgent and any third parties involved in the creation or delivery of Your Product from any and all liability for loss of, or damage to, the copy of Your Content that you provide to Absolute StrategicAgent hereunder. You understand that Your provision of Your Content is not made in confidence and shall not be held in confidence by Absolute StrategicAgent. (d) You agree that Absolute StrategicAgent may contact You to inform You of other products and that Absolute StrategicAgent may work with third parties to market information or products that may be of interest to You. Licensed Code: The Client’s web site includes code elements created for the Client based on “tool boxes” of techniques and pre-developed code that are the property of Absolute StrategicAgent. This software technology is licensed to the Client for a fee and is limited to installation and usage by the Client only on one site of connected documents on one server specified by the Company. Such code may not be distributed, reverse-engineered, modified or re-licensed without the express written consent of Company. The Code and Website created by Absolute StrategicAgent for the Client must remain hosted by the Company for the life of the Website. 2.2. Your Representations and Warranties. You represent and warrant that: (a) Your Content is true, complete, and accurate; (b) You are a licensed real estate or mortgage professional in your state, if you are involved in the marketing or buying or selling of real estate for another party. (c) You warrant Your Content contains no (i) nudity, pornography, or other sexual materials; (ii) material that violates local, state or national laws; (iii) material that violates or infringes in any way upon the rights of others, including, without limitation, copyrights, trademark rights, photo rights, or any other third party intellectual property, contractor, privacy or publicity rights; (iv) material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable or offensive; (v) content promoting or encouraging a race, contest, game, or pyramid scheme requiring payment of a fee by participants; (vi) vile content(vii) hate propaganda or fraudulent material or activity; or (viii) the confidential information or trade secret or confidential information or trade secret of a third party; (d) Your Content is in compliance with the Technical Standards and Procedures published by Absolute StrategicAgent and does not otherwise interfere with the function or performance of the Site. (e) You will comply with all local, state and federal laws and regulations governing Your actions under this Agreement and as a licensed real estate or mortgage professional; and (f) To the extent that You purchase or register an Internet domain name, You hereby represent and warrant that (i) the statements that You make herein are complete and accurate; (ii) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (iii) You are not registering the domain name for an unlawful purpose; and (iv) You will not knowingly use the domain name in violation of any applicable laws or regulations. It is Your responsibility to determine whether Your domain name registration infringes or violates someone else’s rights. Internet Domain names registered for You are Your property and you assume all liability associated with such Internet domain name. (g) You have power and authority to enter into this Agreement and to perform Your obligations hereunder, including but not limited to rights to grant the License to Your Content. (h) You acknowledge that Absolute StrategicAgent, Inc., and the other affiliates of Absolute StrategicAgent are third party Beneficiaries to this Agreement.
No Warranty. THE PRODUCT IS PROVIDED “AS IS.” Absolute StrategicAgent ON ITS OWN BEHALF AND ON BEHALF OF ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION TO THIRD PARTY BENEFICIARIES DOES AS FOLLOWS: (i) MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRODUCT, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (ii) , DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE due to Programming, Internet availability, hosting, Act of God, or any other reason possible; (iii), DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS DERIVED FROM THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, LEAD GENERATION, INCREASE IN BUSINESS OR OTHERWISE; (iv) WILL ACCEPT NO RETURNS OR EXCHANGE THE PRODUCT; and (v) SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT PRODUCT OR SERVICES WIILL FUNCTION OR ARE COMPATIBLE WITH SUCH COMPUTER HARDWARE OR SOFTWARE AS YOU OR OTHERS MAY USE THE PRODUCTS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY COMPUTER HARDWARE OR SOFTWARE YOU USE IS COMPATIBLE WITH AND/OR FUNCTIONS WITH THE PRODUCTS.
If you separately entered into an Agreement with Absolute StrategicAgent or an affiliates thereof, Absolute StrategicAgent hereby grants to you a limited, revocable right to link to the Absolute StrategicAgent Site from Your Product during the term of your Agreement as follows: Any and all links you create to the Absolute StrategicAgent Site (“Authorized Links”) must be configured according to Absolute StrategicAgent technical specifications then in effect for linking to this site, including any requirements relating to textual or graphical content and coding of such links and the execution of a license by You and Absolute StrategicAgent. Absolute StrategicAgent grants you a non-exclusive, royalty-free, revocable right to use the graphic images and text described in this Section and other such images for which Absolute StrategicAgent grants express permission, solely for establishing the Authorized Links. Absolute StrategicAgent reserves all its rights in the graphic images and text, any other images, its trade name and trademarks, and related intellectual property rights. When creating links or references to any of Absolute StrategicAgent’s web sites or services, you will at all times comply with Absolute StrategicAgent’s Trademark Usage Guidelines. These guidelines may be updated from time to time by Absolute StrategicAgent and can be obtained by contacting Absolute StrategicAgent. Absolute StrategicAgent may revoke Your license and right to create Authorized Links at any time by sending You written notice. Absolute StrategicAgent Inc. reserves the rights to add its logo to any product or third-party product at any time both before and after this agreement and the Products are created, it offers to You. Absolute StrategicAgent also reserves the right to link from your Product to any Absolute StrategicAgent corporate website or third-party website as they see fit. Absolute StrategicAgent Inc. will not remove any links from Product at the request of You.
Payment: Per signed Absolute StrategicAgent Order form and/or Additional products agreements between You and Absolute StrategicAgent including this Agreement.
In exchange for the services and rights granted to you in this Agreement, you agree to pay Absolute StrategicAgent Sales the agreed annual fees for the Product that You ordered, as specified on the Order Form at the time of Your order. If You choose monthly billing of the annual fees, such orders will be billed including the Set-up Fees (as agreed), and first month installment up-front and every 30 days thereafter. All payments are final and non-refundable.
Default Clause: “In the event I(You, the Client), defaults for nonpayment of any monies due Absolute StrategicAgent under this contract, we hereby understand that we (the undersigned) will be held legally responsible for all costs of collection including but not limited to applicable collection agency or attorney fees, court costs, interest and legal expenses as allowed by law.
Indemnity and Liability. You agree to indemnify, defend and hold harmless Absolute StrategicAgent, its affiliates, third party beneficiaries under this Agreement, and their respective employees, facilities, contractors and directors from all liability, damages, losses, costs or expenses (including, but not limited to, reasonable attorney’s fees and expenses) incurred in connection with any claim related to (i) a breach by You of a term, condition, representation, or covenant in this Agreement, or (ii) Your Content(including but not limited to warranty claims, consumer protection claims, and false or misleading advertising claims arising from materials included therein).
Americans with Disabilities Act (ADA) Compliance: Strategic Agent will provide an advanced ADA widget for the Client’s website. The Third-party provider widget and other functionalities for ADA compliance help to mitigate lawsuits or losing in court should you be sued for ADA Non-compliance, but do not guarantee legal victory. There is NO Guarantee from Strategic Agent that the ADA work provided will prevent You, the Client, from being sued for ADA Non-Compliance, nor that the Client will prevail should they be sued for ADA Non-Compliance. Strategic Agent suggests Client seeks an Attorney to verify ADA Compliance to that Attorney’s satisfaction. Strategic Agent will make best efforts to make your website Americans with Disabilities Act (ADA) Compliant (ADA WCAG2.1), but there are no guarantees that your website is 100% ADA compliant and accessible in all instances, at all times, and in all possible ways. This acknowledgement releases Strategic Agent from all Liability involving ADA lawsuits and other matters. Nobody can guarantee compliance under the current ADA laws. In addition, Strategic Agent and its subsidiaries, and third-party providers do not in any way guarantee you will not be sued for ADA non-compliance, or that you will prevail in a lawsuit.
Release of Indemnity and Liability: You agree to indemnify, defend and hold harmless Strategic Agent, its affiliates, third party beneficiaries under this Agreement, and their respective employees, contractors and directors from all liability, damages, losses, costs or expenses (including, but not limited to, reasonable attorney’s fees and expenses) incurred in connection with any claim against you for ADA Non-Compliance.
Backstory and Reasoning: A LOT has changed since the ADA was enacted in 1990, when far fewer people used the internet and disability-based discrimination occurred mostly in person. Title III of the ADA provides standards required for businesses’ physical locations to properly accommodate disabled individuals and while it does not provide any regulatory guidance for the internet, websites, or mobile applications, the ADA also does not expressly limit its coverage to physical or brick-and mortar locations or otherwise exclude online locations. As the internet has grown in importance, the ADA’s interpretation has been expanded by the Department of Justice (“DOJ”) and U.S. courts to apply to websites and mobile applications, despite the lack of clear laws and regulations. Because businesses are being sued and held liable for failing to meet undefined accessibility standards, many have lobbied (so far, unsuccessfully) for clear and specific online accessibility standards but Congress has yet to act (the Online Accessibility Act was introduced in the US House of Representatives on October 2, 2020).
The ADA does not specifically identify websites as “places of public accommodation”. The DOJ and U.S. courts’ opinions provide a “places of public accommodation” framework on how to apply the ADA’s requirements to websites, mobile applications, and other digital content, however, the courts are split on whether “Places of public accommodation” are limited solely to physical spaces or businesses that operate a physical location and a website. In short, the ADA’s requirement for accessibility may apply to your business’ website. Unless and until a formal policy becomes law, courts and regulators will likely continue to cite the Web Content Accessibility Guidelines (WCAG) as the standard for ADA compliance.
For these reasons, Strategic Agent offers Website Design and Development services to assist your business with accessibility compliance by designing and developing to the ADA WCAG’s 2.0 AA standard, as best we can within your budget and services provided.
Website Accessibility Acknowledgement and Waiver
By signing this waiver, you acknowledge that Strategic Agent informed you that the United States’ American with Disabilities Act (ADA) may require your website to meet and maintain certain accessibility standards. While we endeavor to provide up-to-date accessibility products and services, we are not attorneys and do not provide legal advice, nor can we guarantee use of our services will guarantee you will not be sued, nor can we guarantee any outcome in an ADA action against you or your company. No one can.
We are not attorneys, and you are solely responsible for your business’ compliance with any applicable accessibility laws. What we do offer is services such as: web design and development, compliant with the industry standard and best practices WCAG 2.0 AA, documentation regarding accessibility compliance efforts you engage us to perform which may serve as evidence in the event of a lawsuit, accessibility insurance, etc.
You acknowledge that it remains your sole legal and professional responsibility to seek legal counsel regarding your ADA compliance and accessibility responsibilities at a local, state, and federal level and to take necessary action to ensure your website’s compliance, which may include actions above and beyond our recommendations.
IN NO EVENT SHALL Absolute StrategicAgent SALES OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO TORT, INCLUDING NEGLIGENCE, AND NOTWITHSTANDING ANY FAILURE OF ES- SENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL Absolute StrategicAgent’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT RECEIVED BY Absolute StrategicAgent FROM YOU IN THE LAST 60 DAYS FROM THE NOTICE OF DISUPUTE/CONCERN UNDER THIS AGREEMENT.
Proprietary Rights. As between the parties hereto, Absolute StrategicAgent Sales exclusively owns all right, title and interest in and to the Absolute StrategicAgent Product in perpetuity throughout the Universe. Notwithstanding anything to the contrary contained in this Agreement, in consideration and upon Absolute StrategicAgent’s receipt of the payment set forth on the Order Form, the Product is licensed (not sold) to You by Absolute StrategicAgent on behalf of itself and its affiliates. Absolute StrategicAgent does not transfer title to the Product to You; this license shall not be considered a “sale” of the Product. Absolute StrategicAgent retains full and complete title to the Product and all intellectual and industrial property rights therein, minus any custom images and content you have provided for creation of your contracted services with Absolute StrategicAgent. This non-exclusive license gives You the right to use and display the units of the Product that are licensed to You hereunder. You may not re-sell, de compile, reverse engineer, disassemble or otherwise reduce the Product to a human perceivable form. Except as provided for in this license, you may not copy, modify, network, rent, lease, sublicense, or otherwise distribute the Product; nor can you create derivative works or any other works that are based upon or derived from the Product in whole or in part. All rights in and to the Product not expressly granted to you in this Agreement are reserved by Absolute StrategicAgent. This Agreement shall be governed by and construed under the laws of the State of California and the United States without regard to conflicts of laws provisions thereof. All actions arising out of this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts within Los Angeles County, California, United States of America, and the parties agree and submit to the exclusive jurisdiction and venue of these courts. In the event of litigation between the parties, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to other relief. Except as provided herein, no modification of this Agreement shall be binding unless in writing and signed by You and an employee of Absolute StrategicAgent of the Vice President level or above. If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect. No party shall be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond the party’s reasonable control, including without limitation, acts of God, any governmental body or failure of software or equipment of third parties. All rights and remedies hereunder are cumulative. This Agreement and any exhibits attached hereto constitute the entire agreement between You and Absolute StrategicAgent.
General. By signing the Absolute StrategicAgent Order Form, you are agreeing to the Products Terms and Conditions herein.
By logging on to the Absolute StrategicAgent website, registering, or using any of Absolute StrategicAgent’s products or services (collectively the” Absolute StrategicAgent Services “), you agree to the following terms and conditions (the ”Terms of Service“ or ”TOS“), and any privacy policies, usage guidelines or other policies and any amendments thereto, all of which are incorporated herein by reference. The most current version of this TOS is available at http://www.Absolute StrategicAgent.com/terms-of-service
REGISTRATION
In consideration of your use of the Absolute StrategicAgent Services, you represent and warrant that you are eighteen (18) years of age and you have the legal right and capacity to enter into this TOS. By registering you agree to accept the terms and conditions of this TOS.
You further agree to provide and maintain all information required by the Absolute StrategicAgent registration form (the “Registration Data”) in true, accurate and complete form. In the event any Registration Data is not true, accurate and complete you agree that Absolute StrategicAgent has the right to suspend or terminate your account and refuse any and all use of the Absolute StrategicAgent Services.
You are solely responsible for maintaining the confidentiality of your account password, and all activities that occur within your account. You agree to immediately notify Absolute StrategicAgent of any security breach, unauthorized use of your password or account and further agree that you will not hold Absolute StrategicAgent liable for any loss or damage arising from your failure to maintain the security of your password.
USER CONDUCT
You understand and agree that all information, data, text, photographs, graphics, messages, themes or other materials (“User Content”) are the sole responsibility of the person from which such User Content originated, which means that you, and not Absolute StrategicAgent, are entirely responsible for your conduct and all User Content that you upload, post, email, transmit or otherwise make available via the Absolute StrategicAgent Services.
As computers and other equipment can be subject to occasional malfunction, you agree that you will not hold Absolute StrategicAgent liable for any inadvertent damage to, corruption of or destruction of any User Content. If any User Content is transmitted to Absolute StrategicAgent and is damaged, lost or corrupted in any way, Absolute StrategicAgent shall have no obligation or liability to you.
Absolute StrategicAgent does not control the User Content posted via the Absolute StrategicAgent Services and, as such, does not guarantee the accuracy, integrity or quality of such User Content. Absolute StrategicAgent reserves the right, but has no obligation, to review, delete, modify or move any User Content available via Absolute StrategicAgent services, and notify the proper governmental authorities as provided by law. You understand that by using Absolute StrategicAgent services you may be exposed to User Content that you deem to be offensive, indecent or objectionable, and that you use Absolute StrategicAgent services at your own risk for your own purposes. You agree that you will not engage in any activity that interferes with or disrupts Absolute StrategicAgent services or servers or networks connected to Absolute StrategicAgent services.
THIRD PARTY WEBSITES
Absolute StrategicAgent Services may provide or contain links to third party websites over which Absolute StrategicAgent has no control, and you agree that Absolute StrategicAgent does not endorse and is not liable or responsible for any content, services or other materials available on any third party website.
PROHIBITED USES
You agree to not use the Absolute StrategicAgent Services to upload, post, email, transmit or otherwise make available any User Content, or take any action that is unlawful, intentionally or unintentionally violates any applicable local, state, national or international law, infringes on the rights of a third party, is harmful to minors in any manner, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or collect or store personal data about other users.
You also agree not to interfere with the operation of the site via the use of viruses, programs or technology designed to disrupt or damage hardware or software, remove or attempt to remove any copyright, trademark, service mark or any other proprietary rights notifications contained in any materials you access or copy via the site, misrepresent yourself or represent yourself as another user on the site.
Absolute StrategicAgent’S PRIVACY POLICY
(See Below)
Absolute StrategicAgent’S RIGHTS
You understand and agree to the Absolute StrategicAgent Services, and understand and agree that User Content contains proprietary and confidential information that is protected by applicable intellectual property (copyrights, trademarks, service marks, patents or other proprietary rights) and other laws and treaties. Except as expressly authorized by Absolute StrategicAgent and the duly authorized third party rights holders, you agree not to violate any laws, rules, regulations or proprietary rights of any third party to the User Content and Absolute StrategicAgent Services.
YOUR RIGHTS
Absolute StrategicAgent claims no ownership or control over any User Content submitted, posted or displayed by you on or through Absolute StrategicAgent Services. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Absolute StrategicAgent services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Absolute StrategicAgent services which are intended to be available to the members of the public, you grant Absolute StrategicAgent a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such User Content on the Absolute StrategicAgent Services for the purpose of displaying, distributing and promoting Absolute StrategicAgent Services. You represent and warrant that you have all necessary rights and licenses to grant the license herein to any User Content submitted on the Absolute StrategicAgent website.
REFUND POLICY
All Sales are Final. No Refunds.
TERMINATION OF SERVICE
This One-Year Contract Agreement may be terminated by Absolute StrategicAgent Sales at any time if You violate any term of this Agreement or for any other reason not prohibited by law. All agreements are for duration of one (1) year, then are month to month. unless agreed upon in writing before the beginning of service or delivery of Product. All services are non-refundable. You must notify us at least one (1) calendar month in advance of your request to cancel service at the end of the current service month.
YOU ACKNOWLEDGE THAT IN THE EVENT YOU CHOOSE TO PAY Absolute StrategicAgent USING AN AVAILABLE MONTHLY INSTALLMENT PLAN, EARLY CANCELLATION WILL RESULT IN A CANCELLATION FEE EQUIVALENT TO 75% of the REMAINDER OF THE ONE YEAR CONTRACT FOR SERVICE.
You must give Absolute Strategic Agent 30 Days’ Notice to cancel a one-year contract or a month-to-month contract, this means you will need to make the next payment due and your service would continue for one month after that final payment is paid. THAT FINAL PAYMENT WOULD BE AUTOMATICALLY CHARGED TO YOUR CREDIT CARD OR DUE FOR PAYMENT ON YOUR REGULAR BILLING CYCLE. ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE.
CURRENCY USED
All Absolute StrategicAgent transactions are banked in US Dollars (USD).
COPYRIGHT
Absolute StrategicAgent respects the intellectual property of others. Absolute StrategicAgent may, in certain circumstances, disable or terminate the accounts of users who may be repeat infringers. If you are a copyright owner or an agent of a copyright owner and believe that any User Content or other content on the Absolute StrategicAgent site unlawfully infringes upon your rights, then please provide our agent with the following information:
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is to be covered by a single notification, a representative list of such works at that site.
• A description of the material that is claimed to be infringing in a manner that is reasonably sufficient enough to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, an electronic mail address.
• A statement by you that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent or the law.
• A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
All of the above must be provided for notification to be effective to Absolute StrategicAgent.
Our Copyright Agent for notice of claims or copyright infringement on its Web site can be contacted as follows:
By Phone:
1-805-413-7895
By Email:
info@Absolute StrategicAgent.com
INDEMNITY
You agree to indemnify and hold harmless Absolute StrategicAgent and its subsidiaries, affiliates, Officers, Directors and Employees from any claim or demand, including costs ,expenses and reasonable attorneys’ fees, arising from your use of the Absolute StrategicAgent site and services, or pertaining to any User Content you make available through the Absolute StrategicAgent Services, or any violation by you of these Terms Of Service, or your violation of any rights of a third party, including but not limited to claims of disparagement, libel, slander and/or any intellectual property claims.
NO COMMERCIAL REUSE OF Absolute StrategicAgent SERVICES
You agree not to modify, copy, sell, license or otherwise exploit for any commercial purposes, any portion of the Absolute StrategicAgent Services.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Absolute StrategicAgent BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Absolute StrategicAgent HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHICH RESULT FROM ALL CAUSES, INCLUDING WITHOUT LIMITATION: (I) THE USE OR THE INABILITY TO USE OR ACCESS THE Absolute StrategicAgent SERVICES; (II) THE COST OF PROCUREMENT OF ANY SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT OR DATA; (IV) ACTIONS BY ANY THIRD PARTY ON THE Absolute StrategicAgent WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE Absolute StrategicAgent SERVICES.
DISCLAIMER OF WARRANTY
Absolute StrategicAgent disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. Absolute StrategicAgent does not warrant that its site; information or User Content or services made available through the site, its servers or any e-mail sent from Absolute StrategicAgent are free of viruses or other potentially harmful components.
Absolute StrategicAgent shall not be responsible for anything that may happen beyond its reasonable control (e.g. wars, sabotage, acts of God, etc.) and Absolute StrategicAgent shall not be liable for any damages or costs resulting from such events.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF Absolute StrategicAgent SERVICES IS AT YOUR SOLE RISK, AND ANY CONTENT OBTAINED THROUGH THE Absolute StrategicAgent SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR ANY LOSS OF DATA THAT RESULTS THERE FROM. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, Absolute StrategicAgent SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Absolute StrategicAgent AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE Absolute StrategicAgent SERVICES AND THE Absolute StrategicAgent WEBSITE, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, AND NOT BY WAY OF LIMITATION, Absolute StrategicAgent DISCLAIMS ANY WARRANTY THAT THE (I) Absolute StrategicAgent SERVICES OR THE Absolute StrategicAgent WEBSITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, (II) Absolute StrategicAgent SERVICES WILL BE TIMELY, SECURE, OR MEET YOUR REQUIREMENTS, (III) QUALITY OF THE Absolute StrategicAgent PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS.
Absolute StrategicAgent AND PARTNERS DO NOT WARRANT THAT (I) Absolute StrategicAgent SERVICES WILL MEET YOUR REQUIREMENTS, (II), (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Absolute StrategicAgent SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Absolute StrategicAgent SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE Absolute StrategicAgent SERVICES WILL BE CORRECTED.
NO STATEMENTS, EITHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS, WHICH ARE LAWFUL IN YOUR JURISDICTION, WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO THIRD-PARTY BENEFICIARIES
You agree there are no third-party beneficiaries to these Terms Of Service.
NOTICE
You agree that Absolute StrategicAgent may provide you with commercial and legal notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the Absolute StrategicAgent website. You may contact Absolute StrategicAgent at info@Absolute StrategicAgent.com.
ENTIRE AGREEMENT
These Terms Of Service constitute the entire agreement between you and Absolute StrategicAgent and governs your use of the Absolute StrategicAgent Services, superseding any prior agreements or earlier version of these Terms Of Service between you and Absolute StrategicAgent.
CHOICE OF LAW AND FORUM
You hereby agree that these Terms Of Service and all matters between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or dispute arising therefrom shall be brought exclusively in the state of California, USA, and you hereby agree to submit to the personal jurisdiction of said courts, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to these Terms of Service.
WAIVER AND SEVERABILITY OF TERMS
The failure of Absolute StrategicAgent to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
Absolute Strategic Agent’s Privacy Policy
Terms of Use covers the collection and use of personal information that may be collected.
Please take a moment to read the following to learn more
about our information practices
Absolute StrategicAgent’s privacy policy covers the collection and use of personal information that may be collected by Absolute StrategicAgent anytime you interact with Absolute StrategicAgent, such as when you visit our website, when you purchase Absolute StrategicAgent products and services, or when you call our sales or support associates. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. Your privacy is a priority at Absolute StrategicAgent, and we go to great lengths to protect it.
WHY WE COLLECT SOME PERSONAL INFORMATION
We collect personal information, in some cases, because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, software updates, special offers, and events. If you do not want Absolute StrategicAgent to keep you up to date, please inform us by writing to info@Absolute StrategicAgent.com.
WHAT INFORMATION WE COLLECT
There are a number of situations in which your personal information may help us give you better service. For example, we may ask for your personal information when you’re discussing a service issue on the phone with an associate, downloading a software update, registering for a seminar, participating in an online survey, registering your products, or purchasing a product. At such times, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences; your credit card information and information about the Absolute StrategicAgent products you own, such as their serial numbers, and date of purchase; and information relating to a support or service issue. We collect information for market research purposes ‾ such as your occupation and where you use your computer ‾ to gain a better understanding of our customers and thus provide more valuable service. We also collect information regarding customer activities on our website. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites and Internet services are of most interest to them.
If you use a bulletin board, web forum, or chat room on any Absolute StrategicAgent website you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. Absolute StrategicAgent is not responsible for the personally identifiable information you choose to submit in these forums.
WHEN WE DISCLOSE YOUR INFORMATION
Absolute StrategicAgent takes your privacy very seriously. Be assured that Absolute StrategicAgent does not sell or rent your contact information to other marketers. To help us provide superior service, your personal information may be shared with legal entities within the Absolute StrategicAgent group globally who will safeguard it in accordance with Absolute StrategicAgent’s privacy policy. There are also times when it may be advantageous for Absolute StrategicAgent to make certain personal information about you available to companies that Absolute StrategicAgent has a strategic relationship with or that perform work for Absolute StrategicAgent to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with Absolute StrategicAgent’s policies. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on the Absolute StrategicAgent website.
At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
COOKIES AND OTHER TECHNOLOGIES
As is standard practice on many corporate websites, Absolute StrategicAgent’s website may uses “cookies” and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. We use cookies and other technologies to study traffic patterns on our website, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us.
PRIVACY QUESTIONS
If you have questions or concerns about Absolute StrategicAgent’s Customer Privacy Policy or data processing, please use info@Absolute StrategicAgent.com to contact us.
Absolute StrategicAgent may update its privacy policy from time to time. When we change the policy in a material way a notice will be posted on our website along with the updated privacy policy.
