This Terms and Conditions agreement (hereinafter "Agreement") sets forth the contractual agreement between AgencyEquity.com (referred to collectively as "AgencyEquity.com", "service", "we", "our", and the "Website") and you (referred to collectively as "you", "user", "advertiser" and "customer"), regarding your access and use of the AgencyEquity.com website.
The following are the terms and conditions applicable to your access and use of the Website and the services offered by AgencyEquity.com. The terms and conditions also apply to any new services which may be offered by the Website in the future.
The Website and all related services offered through AgencyEquity.com are offered to you conditioned on your acceptance without any modification to the terms and conditions contained in this Agreement. If you do not accept the terms and conditions contained in the Agreement in their entirety, you are not authorized to view or use this website.
From time to time, we may revise this Agreement, so please be sure to periodically check the date of the last revision, which will be noted at the top of this page. By visiting the Website, you are acknowledging and accepting this Agreement. Your continued use of the Website after changes have been posted to the Agreement will constitute your acceptance of any such changes.
No submitted information shall be rented, sold, or given away to any third party businesses or individuals by the copyright owner. When placing an ad online or submitting an entry to one of our contests, we will never willfully disclose any information about our visitors without first receiving the visitor's permission.
However, since each ad is publicly viewed, there is no convenient solution to ceasing malicious individuals and "spammers" from using the information in your ad(s) in a manner that you may not agree with.
Companies which have placed advertising on this site may also collect information about you when you view or click on their graphical ads or text links. We do not have control over the collection of that information. You should contact those advertisers directly if you have any questions concerning your privacy and their advertising.
AgencyEquity.com acts as a venue for sellers to advertise businesses for sale and buyers to express interest in and learn more about those businesses. Listings and expressions of interest from buyers are not, and shall not be deemed to be, an offer to sell or a solicitation of an offer to buy any securities. We are not involved in the actual transaction between buyers and sellers. Therefore, all users of our site agree to be responsible for the legal and regulatory compliance of any transaction they enter into, and AgencyEquity.com makes no representation or assurance about such compliance. While this Agreement requires that users provide accurate and complete information about themselves and businesses they list for sale or express interest in, AgencyEquity.com cannot and does not confirm each user's identity and makes no inquiries about the truth or accuracy of business listings on AgencyEquity.com. As a result, we have no control over the truth or accuracy of the listings, the ability of sellers to sell businesses listed or the ability of buyers to buy businesses they express interest in. Moreover, we cannot ensure that a buyer or seller will actually complete a transaction.
As consideration for use of the Website pursuant to this Agreement, you agree to the following stipulations relating to use of the Website. You agree not to use the Website to:
Advertiser agrees not to submit any business descriptions, photographs, financial, contact, copyright, trademark material or other information to AgencyEquity.com unless advertiser has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the business on the advertiser's website or on the AgencyEquity.com website. Advertiser agrees not to submit any image to AgencyEquity.com that contains inappropriate content. AgencyEquity.com may, in its sole discretion, but without any obligation to search for such, remove a business advertisement ("business", "advertisement", "ad" or "listing") that is alleged to have been submitted in violation of this provision. In addition, AgencyEquity.com may require additional evidence of compliance with this provision from advertisers who are alleged to have submitted ads or other information in violation of this Agreement. AgencyEquity.com will, in its sole discretion, terminate the accounts of, and refuse service to, any advertiser who repeatedly or knowingly violates this Agreement. Additionally, the advertiser agrees to allow the ad, or any part of it, to be searched, accessed, displayed, copied, downloaded, and otherwise referred to by users of the advertiser's website or the AgencyEquity.com website. AgencyEquity.com has the sole authority to choose the manner in which any business will be displayed, searched, downloaded, accessed, copied, and otherwise used on the AgencyEquity.com website and AgencyEquity.com shall have the right to modify the ad in the exercise of its rights under this Agreement. Advertiser represents and warrants that all Businesses and associated information provided by advertiser will be accurate and that the accuracy of the ads will be maintained at all times. In the event that the advertiser is not the owner of the advertised business, then advertiser agrees that a business will not be posted on the Website without the permission of the owner of such business through a duly executed listing agreement with the owner of such business. AgencyEquity.com reserves the right to remove all or any part of the ads posted on the AgencyEquity.com website. AgencyEquity.com accepts no responsibility for checking the accuracy of reports or data files submitted by advertiser. While AgencyEquity.com shall take all reasonable efforts for data backup and business resumption, advertiser will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to AgencyEquity.com.
AgencyEquity.com may suspend, terminate, cancel, or remove any and all listings, services and your account for any reason, or no reason, at any time in its sole discretion, with or without notice. Upon termination of your account, your right to use the Website and AgencyEquity.com's services will terminate immediately. The provisions in this Agreement that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Customer agrees to pay for all products and services ordered through the AgencyEquity.com website using the payment method indicated and provides AgencyEquity.com express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of AgencyEquity.com products, services, subscription, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, AgencyEquity.com may immediately cease to provide any and all Deliverables to the Customer. The fees paid for Deliverables are non-refundable, regardless of whether the Deliverables are terminated prior to the end of the current term. Customer may cancel or downgrade their Deliverables at any time using the options described in the Help section of the website. AgencyEquity.com reserves the right to change its fees or billing methods at any time. AgencyEquity.com will provide timely notice to the affected Customers of any such changes. It is the Customer's responsibility to promptly provide AgencyEquity.com with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
Your relationship and correspondence with any third party you encounter through your use of the Website, including any transaction you may enter into to buy or sell a business listed on the website, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree not to hold AgencyEquity.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.
The Website and all intellectual property rights related to the Website, and all information obtained from the website, including but not limited to copyrights, trademarks, service marks, and any feedback left by users on the Website, are owned or licensed by AgencyEquity.com, and all right, title, and interest in the Website and the related intellectual property rights remain the property of AgencyEquity.com. You may not reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Website or any related intellectual property, including any services provided via the Website.
AgencyEquity.com makes reasonable efforts to run its services without errors or in-accuracies on its website, it makes no representations as to the accuracy, completeness, error free nature of services/material, timeliness, and you should not rely upon it. By using the AgencyEquity.com website you agree that its information and services are provided "as is" "where is" without warranty, express or implied of any kind. AgencyEquity.com does not take any responsibility or liability for any content available through any links from the AgencyEquity.com website. YOU AGREE TO USE THIS WEBSITE, ANY OR ALL OUR SERVICES PROVIDED ON IT, OR LINKS FROM OUR WEBSITE AT YOUR OWN RISK. AgencyEquity.com is not responsible or liable for any LOSS WHATSOEVER that you may incur by using our services or any material from our website.
The Website contains trademarks and other material furnished by AgencyEquity.com, its licensors, and other users. You should assume that everything you see or read in publicly viewable areas of the Website that was not furnished or received by you (such as images, photographs, illustrations, text, and other materials) ("Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any of the Content in any way for any public or commercial purpose without prior written consent of AgencyEquity.com or the rights holder. You may not use the Content on any other website or in a networked computer environment for any purpose except your own personal viewing.
AgencyEquity.com respects the intellectual property of others. Upon receipt of notices of alleged infringement complying or substantially complying with the Digital Millennium Copyright Act ("DMCA"), AgencyEquity.com may remove or disable access to any material claimed to be infringing.
If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide AgencyEquity.com's Designated Agent with substantially the following information pursuant to the DMCA:
AgencyEquity.com's Designated Agent for notice of claims of copyright infringement can be reached as follows:
AgencyEquity.com is not directed toward those under age 21 and we do not knowingly collect information from thosen under age 21. If you are under 21, please do not submit any personally identifiable information to AgencyEquity.com.
You shall not sell, transfer, or assign this Agreement without the prior written consent of AgencyEquity.com. Any unauthorized transfer or assignment shall be null and void; provided, however, that any such assignment shall not relieve user of its obligations under this Agreement. AgencyEquity.com has the right to transfer or assign this Agreement to any other person or entity without your consent.
AgencyEquity.com reserves the right to modify, add, or remove any and all content, services, and features of the Website at any time without prior notice. You agree that AgencyEquity.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any content contained on the Website.
UNDER NO CIRCUMSTANCES SHALL AGENCYEQUITY.COM, ITS AFFILIATES, OR ANYONE INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING SERVICES FOR THE WEBSITE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR LOST PROFITS OR DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE AGENCYEQUITY.COM'S SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AGENCYEQUITY.COM RECORDS, PROGRAMS OR SERVICES, EVEN IF AGENCYEQUITY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, AGENCYEQUITY.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU GRANT AGENCYEQUITY.COM ALL RIGHTS TO DELETE, RE-USE OR USE IN ANY WAY THE DATA, INFORMATION OR ANY OTHER MATERIAL (ELECTRONIC OR NON-ELECTRONIC) THAT IS SENT BY YOU TO OUR WEBSITE THROUGH ANY OR ALL OF OUR SERVICES. YOU AGREE THAT YOU ARE GRANTING FULL, NON-REVOCABLE, ROYALTY FREE RIGHTS TO ANY MATERIAL POSTED BY YOU TO OUR WEBSITE.
You agree that you shall indemnify, defend, and hold harmless AgencyEquity.com and its officers, directors, employees, agents, owners, and shareholders from and against any costs, expenses (including, among other expenses, reasonable attorneys' fees and expenses), losses, damages (specifically including, but not limited to, incidental, consequential, exemplary, special, indirect, or punitive damages), suits, claims, or liabilities incurred and arising from or relating to: 1) your use of the Website of AgencyEquity.com's services; 2) content you submit, post to, or transmit through the Website; or 3) your violation of any of the terms of this Agreement, any applicable laws, or the rights of any Third Party.
Interpretation and enforcement of this Agreement shall be governed by the laws of the State of California. You consent to jurisdiction in the federal and state courts within San Mateo County, California, for any action arising out of or relating to your use of the Website or AgencyEquity.com's services. The federal and state courts of San Mateo County, California, shall have exclusive jurisdiction over all such actions. If any provision of this Agreement shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of any of the remaining provisions of this Agreement.
The parties acknowledge that this agreement, and any modifications to this agreement, constitute the complete agreement regarding this subject and supersede any prior oral or written communications relating to this subject.