Last Modified: September, 2020
These Terms & Conditions (“Terms & Conditions” or “Agreement”) are entered into between you (“you”, “user” or “customer”) and Strategic Agencies, LLC (“Company”, “we”, “us” or “our”). These Terms & Conditions govern your access to and use of AgencyEquity.com (“Website”) and our related services. The Terms & Conditions also apply to any new services offered by us or through the Website in the future.
Please read the Terms & Conditions carefully before you start to use the Website or our services. The Website and all related services offered by us 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 the Website or any of our services.
By using the Website or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms & Conditions and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms & Conditions or the Privacy Policy, you must not access or use the Website or our related services.
From time to time, we may revise these Terms & Conditions, so please be sure to periodically check this page and the date of the last revision, which will be noted at the top of this page. All changes are effective immediately when we post them, and apply to all access to and use of the Website and our services thereafter. By continuing to use the Website and/or our services following the posting of revised Terms & Conditions, you are acknowledging and accepting the changes. Your continued use of the Website and our services after changes have been posted to the Agreement will constitute your acceptance of any such changes.
Table of Contents
- AgencyEquity.com is an online publication
- Prohibited Uses
- Listings, Advertising and Other User Contributions
- Monitoring and Enforcement; Termination
- Payment Terms
- Links to Third Party Websites Posted on AgencyEquity.com
- Your Dealings with Third Parties
- Accessing the Website and Account Security
- Intellectual Property Rights
- Claims of Copyright Infringement
- Alleged Copyright Infringement Notification
- Age and Geographic Restrictions
- Assignment
- Risk & Error Disclaimer; Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Governing Law and Jurisdiction
- Arbitration and Class Action Waiver
- Waiver and Severability
- Survival
- Entire Agreement
- Contact Us
AgencyEquity.com is an online publication
Our Website acts as a venue for sellers to advertise businesses for sale and for buyers to express interest in and learn more about those businesses. Such listings by sellers 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 any actual transactions between buyers and sellers who may make initial contact through the Website. Therefore, you (and all users of our Website and services) agree to be responsible for all legal and regulatory compliance pertaining to any transaction you may enter into, and we make no representation or assurance about such compliance. While this Agreement requires that you and all users provide accurate and complete information about yourself and themselves and businesses you and they list for sale or express interest in, we cannot and do not confirm each user’s identity and we do not make any inquiries about the truth or accuracy of business listings on the Website. 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.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Website:
- To collect email addresses or other contact information of other users of the Website by electronic or other means to send unsolicited emails or other unsolicited communications, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation;
- In any way that violates any applicable federal, state, local, or international law or regulation or in any other manner that could damage, disable, or impair the Website;
- With any automated scripts to collect information from or otherwise interact with the Website;
- To post, upload, transmit, share, store, or otherwise make available any content that we deem to be unlawful, defamatory, infringing, harmful, threatening, abusive, inflammatory, harassing, vulgar, obscene, pornographic, erotic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- To impersonate or attempt to impersonate the Company or any other person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- To post, upload, transmit, share, store, or otherwise make publicly available on the Website any private or personal information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, bank account numbers, etc.;
- To post, upload, share, transmit, introduce or otherwise make available any material that contains software viruses, Trojan horses, worms, logic bombs or any other computer code, files, programs or material that is malicious or technologically harmful;
- To intimidate or harass another;
- To post, upload, transmit, share, store, or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- To solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;
- To use or attempt to use another’s account, service or system without our prior authorization, or create a false identity on the Website.
- To engage in any other conduct that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the Company or our users to any harm or liability of any type.
Additionally, you agree not to:
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms & Conditions, without our prior written consent.
- Link to the Website in any way that is deceptive, unfair or unlawful or that damages our reputation or takes advantage of it.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Listings, Advertising and Other User Contributions
You understand and acknowledge that you are responsible for any information, material or content you submit, post or contribute on or through the Website or to us, and you, not the Company, have full responsibility for such information, material and content, including its legality, reliability, accuracy, and appropriateness. If you post a business listing, an advertisement or other information or content on or through the Website, you agree not to submit any business descriptions, photographs, financial, contact, copyright, trademark material, other intellectual property or other information or material to us or through the Website unless you have received all necessary rights and authorizations to publish and publicly display such information, material or content on the Website including, for example, permission from the photographer and/or copyright owner of any photographs. You agree not to submit to us or post on the Website any image or other material that contains inappropriate content.
By submitting or posting any information, content or material to us or on the Website, you grant us and our licensees, successors, and assigns a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such information, material or content for any purpose, and you represent and warrant you have the right to grant the foregoing license and right.
We may, in our sole discretion, remove a business listing or advertisement (“business”, “advertisement”, “ad” or “listing”) or any part thereof that we believe or is alleged to have been submitted in violation of this provision or any other provisions of these Terms & Conditions, but we have no obligation to search for or monitor any listings on the Website. In addition, we may require additional evidence of compliance with this provision from you if you are alleged to have submitted or posted ads or other information in violation of this Agreement. We will, in our sole discretion, terminate the accounts of, and refuse service to, any user who repeatedly or knowingly violates this Agreement.
Additionally, you agree to allow any listing you might submit or post, or any part of it, to be searched, accessed, displayed, copied, downloaded, and otherwise referred to by other users of the Website. We have the sole authority to choose the manner in which any business will be displayed, searched, downloaded, accessed, copied, and otherwise used on the Website and we shall have the right to modify the ad in the exercise of the Company’s rights under this Agreement. You represent and warrant that all listings and associated information provided by you will be accurate and that the accuracy of the listings will be maintained at all times. We have no responsibility for checking the accuracy of information submitted or posted on the Website by users. In the event that you are not the owner of the business to be advertised in a listing, then you agree that you will not submit or post the listing on the Website without first obtaining the permission of the owner of such business through a duly executed listing agreement with the owner of such business. You are solely responsible for retaining back-up copies of all listings, information, photographs and other materials you may submit or post on the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Suspend, terminate, cancel, remove or refuse to post any and all listings or other information, content or material for any or no reason in our sole discretion.
- Take any action with respect to any information, material or content posted or submitted by users that we deem necessary or appropriate in our sole discretion, including if we believe that such information, material or content violates the Terms & Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that information, material or content posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to and cooperation with law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your account or access to all or part of the Website or other services for any or no reason, including without limitation, any violation of these Terms & Conditions, and at any time with or without notice.
YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review information, material or content before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, information, material or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Payment Terms
This “Payment Terms” provision applies to any purchases you make (such as fees you pay), along with any other terms that are presented to you at the time you make a purchase. You agree to pay for all products and services, such as a listing or membership, ordered through the Website using the payment method indicated and provide us express authorization to charge said fees or charges to your payment provider. Fees or other amounts owed depend on the specific type and quantity of products, services, subscription, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees or other amounts shall not be contingent on any events other than the delivery of the ordered Deliverables. If payment is not current, we may immediately cease to provide any and all Deliverables to you. The fees or other amounts paid for Deliverables are final and non-refundable, regardless of whether the Deliverables are terminated prior to the end of the current term. We reserve the right to change our fees, charges or the payment terms at any time. We will provide timely notice to the affected users of any such changes. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
To cancel a listing, go to “My Listing”, look for the title of the listing, click on the downward arrow and then click on “Delete”.
To cancel a membership, go to “My Account” and then click the “Cancel Membership” button, which will prevent the system from renewing your membership next year. You should receive an email confirmation once the cancellation is processed. If you do not receive an email confirmation, you should contact us immediately. Even after cancellation, the membership remains active until the expiration date. Please note there are no refunds or partial refunds for recurring billing once the charge has been processed.
There is no trial period of any kind. We do not guarantee any results and we do not guarantee that you will receive any interest in or replies to any listing you may post.
Links to Third Party Websites Posted on AgencyEquity.com
Our Website may contain links to other third party websites as part of various services and content on this Website. This includes links contained in advertisements, including banner advertisements and sponsored links. The links may also include those submitted by other users of this Website. These links will allow you to leave this Website and go to the linked third party websites. These third party websites are independent from the Company and our Website and we have no control over the content of any such third party websites. We are NOT RESPONSIBLE OR LIABLE for any content on or any changes to these external third party websites. We make no representations whatsoever about any third party website that you may access through our Website.
You understand and agree that by the Company providing a link to an external third party website (any website outside the AgencyEquity.com domain), the Company DOES NOT ENDORSE OR ACCEPT ANY RESPONSIBILITY for the content, or the use of such websites. You also understand that it is solely your responsibility to make sure that any external third party website you may access through our Website or services is free from any content of a destructive nature including but not limited to robots, viruses, trojans, and worms. We are not responsible or liable for any material or transmission that you may receive (both electronic and non-electronic) from any of these other third party websites or website operators. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Your Dealings with Third Parties
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. We are not involved in any such deals or other transactions. You agree not to hold the Company 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.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms & Conditions and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete, and that you keep such information updated, as needed, so that it remains correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms & Conditions permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, republish, publicly display or perform, repost, reverse engineer, decompile, disassemble, sell, modify, or create derivative works of any of the information, material or other content or aspects of the Website or any related intellectual property, including any services provided via the Website. No right, title, or interest in or to the Website or any information, material or content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
Claims of Copyright Infringement
We respect the intellectual property of others. Upon receipt of notices of alleged infringement complying or substantially complying with the Digital Millennium Copyright Act (“DMCA”), we may remove or disable access to any material claimed to be infringing.
Alleged Copyright Infringement Notification
If you believe that your work has been copied in a manner that constitutes copyright infringement and is accessible via the Website, please notify our Copyright Agent, as set forth below. For your notice to be effective under the DMCA, you, as a complaining party, must provide all of the following information in writing to our Copyright Agent:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that you claim has been infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you request to be removed or access to which be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- A statement by you that you have a good faith belief that the complained of use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Strategic Agencies, LLC533 Airport Blvd
Suite 400
Burlingame, CA 94010
Attn: Joseph Totah
Email: joe@strategicagencies.com
Please note that this procedure is exclusively for notifying the Company that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice, pursuant to Sections 512(g)(2) and (3) of the DMCA. Please submit any counter-notice in writing to our Copyright Agent listed above.
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Website and/or terminate the accounts or profiles of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Age and Geographic Restrictions
This Website is offered and available for use only by users who are 18 years of age or older (or at least the age of majority if higher than 18 years of age in your state), and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Assignment
You shall not sell, transfer, or assign this Agreement without our prior written consent; provided, however, that any such assignment shall not relieve you of your obligations under this Agreement. Any unauthorized transfer or assignment shall be null and void. The Company has the right to transfer or assign this Agreement to any other person or entity without your consent.
Risk & Error Disclaimer; Disclaimer of Warranties
While we make reasonable efforts to run our services without errors or inaccuracies on the Website, we make no representations as to the accuracy, completeness, timeliness or error free nature of the services, material, information and other content on the Website, and you should not rely upon any of it.
You understand that we cannot and do not guarantee or warrant that media, data, files or other material available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER MALWARE OR TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICES, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR MATERIAL OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIAL OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIAL OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR MATERIAL OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR MATERIAL OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree that you shall indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, owners, and shareholders from and against any costs, expenses, fees (including reasonable attorneys’ fees), losses, damages (specifically including, but not limited to, incidental, consequential, exemplary, special, indirect, or punitive damages), suits, claims, or liabilities arising out of or relating to: 1) your use of the Website or our services other than as expressly authorized by these Terms & Conditions; 2) information, content or other material you submit, post to, or transmit through the Website; 3) your use of any information, content or material obtained from the Website; or 4) your violation of these Terms & Conditions, any applicable laws, or the rights of any third party.
Governing Law and Jurisdiction
All matters relating to the Website, our services and these Terms & Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Except for claims and disputes that are arbitrated pursuant to the Arbitration and Class Action Waiver section below, any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions, our services or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Mateo County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration and Class Action Waiver
At Company’s sole discretion, it may require you to submit any disputes arising from our services, use of the Website or these Terms & Conditions, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination of the Terms & Conditions, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. The arbitration must take place in the United States either in the county of your primary residence at the time of filing or in San Mateo County, California.
YOU AND THE COMPANY (THE “PARTIES”) FURTHER AGREE THAT THE ARBITRATION PURSUANT TO THIS SECTION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IN SUCH ARBITRATION, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to admin@agencyequity.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Website or the effective date of the first set of Terms & Conditions containing an Arbitration and Class Action Waiver section, whichever is later; otherwise, you shall be bound by the arbitration and class action waiver provisions in accordance with the terms set forth above. If you opt out of these arbitration and class action waiver provisions, the Company also will not be bound by them.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.
Survival
The following provisions, and any terms or conditions which by their nature survive termination, will survive any termination of these Terms & Conditions or of your accounts:
- Prohibited Uses
- Listings, Advertising and Other User Contributions
- Monitoring and Enforcement; Termination
- Links to Third Party Websites Posted on AgencyEquity.com
- Intellectual Property Rights
- Risk & Error Disclaimer; Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Governing Law and Jurisdiction
- Arbitration and Class Action Waiver
- Waiver and Severability
- Survival
- Entire Agreement
Entire 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.
Contact Us
If you have questions about this Website or our services, you can contact us at admin@agencyequity.com
