AgentSquared Annual Terms and Conditions

These terms and conditions (“Terms”) represent a contractual agreement between Agent Squared (AS) and you as a client and apply to the entirety of services provided by AS to you. References to “we”, “our”, and “AS″ refer to Agent Squared. References to “you”, “your”, and “client” refer to the recipient of AS Digital and Internet marketing services ( Marketing Platform), including the recipient’s assigns and successors.

  1. As a part of our services, you may use a domain name that you already own or a domain that we procure for you at your request. In both cases, you are the owner of the domain name and are responsible for maintaining and renewing it.  If you request AS to use a domain name that you already own, AS is not liable for any down time associated with the transfer of your domain, And for any loss of business resulting from email or any delays that may be caused when we assume the hosting of the domain.
  2. While AS is not responsible for the renewal of domain names, AS may, as a courtesy, renew your expiring domain on your behalf for one year
  3. Custom Marketing Platform modifications, edits, upgrades, and third party services and/or other visual changes outside the scope of the Agent Squared Marketing Platform may be available at an additional cost through AS′s Client Success team.
  4. Your Product is compatible to operate with Firefox (versions 5.0 and higher), Google Chrome, and Microsoft Internet Explorer (versions 8.0 and higher) for the following operating systems: Windows 7 and up, and Mac OSX.
  5. You agree to accept notices delivered via e-mail from AS regarding service, billing and marketing/product related issues. AS agrees to not release your e-mail address to third parties for solicitation purposes.
  6. You are responsible for providing all verbiage and content for your Marketing Plaform. We will utilize Stock photos and graphics until you provide your own.   You represent that you have ownership or proper license of all content you provide to us and will indemnify and hold AS harmless if copyright claim is made against AS for the content you provide.  You further warrant that you will be responsible for any fees that may be associated with that claim.
  7. Through our services, you may collect and receive data and other information about or from end users. You agree to treat such information in compliance with the AS Privacy Policyand any other applicable privacy policies. You will maintain such information securely using reasonable means to prevent the unauthorized access, use or disclosure of such information. You agree to indemnify, defend and hold AS harmless from and against any and all damages, costs, expenses (including attorney’s fees and costs) of any kind or nature arising from your use or misuse of any such information, including your breach of any of the foregoing obligations, including any unauthorized access, use or disclosure of such information.

 

  1. Some of the services offered by us to end users on your website may involve the disclosure of end user information to third parties. For example, end users may be asked to provide certain personal information to use certain features of the site and to receive quotations from third-party vendors. When end users provide such information, they permit us to share such information with such third-party vendors.
  2. AS has no control over and is not responsible for the content of sites that you may choose to link to from your websites. AS assumes no responsibility for the content of a site your site links to or if a site that you choose to link to has inaccurate data, goes offline, or does not allow linking to it for any reason. You are independently responsible for accuracy of content posted on your own website including phone numbers, e-mail, contact information, etc.
  3. All services offered by AS are to be used lawfully in compliance with all federal, state, and local laws and regulations as well as all industry standards and best practices.
  4. AS will not be responsible for the loss of data, profits, opportunity costs or other consequential damages, or for any damages suffered or revenues lost through the use of our services or for loss of service due to network outages, regardless of cause (including but not limited to: human error, hardware failure, software failure, or telephone company or ISP outages). AS′s liability for any claims whatsoever, whether arising in tort or contract, including claims based on design, error, omission, negligence, defect, failure to maintain service, or any other claim shall not exceed the amounts you have paid to AS under these Terms.
  5. AS may, from time to time, may offer products and services provided by a third-party service provider. While AS may recommend some of these third parties, it makes no representations about the suitability of any third-party products or services for any purpose. You are responsible for complying with any terms of use, licensing terms or other conditions imposed by such third-party service providers. If you select third party products or services, you must look solely to the third party with respect to service and warranty claims.  AS is not responsible for any changes made by partner companies. By choosing to use their products, you are subject to their T&C’s , and privacy policies.
  6. You are responsible for all Service and Support fees which may include fees associated with your website and additional products and services you may have purchased. Service and Support charges begin accruing upon date of purchase.
  7. The credit card you provide to AS will be automatically billed for all charges associated with the account. If you are delinquent on a payment, AS may deactivate your site, without notice. Upon the anniversary data of your annual purchase, A2 will charge your card on file for an additional year.
  8. If your credit card expires, and you don’t provide AS an updated expiration date, you acknowledge that AS may manually extend the expiration date.
  9. You also agree that so long as AS adheres to the conditions of this agreement, you will not request that your credit card company block or dispute credit card charges for AS.
  10. If we are unable to resolve any Dispute arising from this agreement through informal means, either party may initiate binding arbitration of such Dispute.  Except as described in this paragraph, the arbitration shall be initiated and conducted according to the Rules of the American Arbitration Association then in effect (the “Arbitration Rules”).  The arbitration shall be conducted in the County of San Diego, California, before a single neutral arbitrator appointed in accordance with the Arbitration Rules.  The arbitrator’s decision shall be controlled by these Terms and any other applicable written agreement between us.  No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  BY ENTERING INTO THESE TERMS, YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.  The arbitrator shall not have the power to award punitive damages against any party.

 

  1. If any of these Terms is held invalid or unenforceable at law, such provision will be deemed stricken and the remainder of these Terms will continue in effect and be valid and enforceable to the fullest extent permitted by law.
  2. These Terms are the complete and exclusive statement regarding AS and client relationship the and supersede all prior and contemporaneous agreements, understandings and communications, oral or written, between us regarding such subject matter.
  3. These Terms are subject to change. We may notify you of any changes via email or by posting a notice on our website. Your continued use of our services indicates your acceptance of the modified Terms.
  4. The waiver of any provision will not constitute a waiver of such provision on any other occasion, and any failure to enforce any of the provisions of these Terms will not constitute a waiver. No waiver of a right or remedy under this Agreement will be binding upon a Party unless it is in writing and signed by its authorized representative.
  5.  You have up to 7 calendar days following the date of your acceptance of these Terms to cancel service and receive a full refund. After 7 calendar business days, all sales are final. For example, if you purchase a product on Tuesday, you have until the following Monday to cancel your services.
  6.  This agreement will renew after one year unless you notify us 30 days prior to the one-year anniversary of the agreement.
  7. If you choose to cancel your service, you must contact AS Client Success via telephone at 1-800-901-4428 ext 1. To allow us to authenticate that you are the authorized account user. An email will be sent to the email address on file for e-mail cancellation authentication.  
  8. You may not assign these Terms, in whole or in part, to any other person or entity without our consent. We may assign these Terms without your consent, including in connection with the sale of our assets. This Agreement is binding upon and inures to the benefit of the parties and their heirs, executors, legal and personal representatives, successors and assigns, as the case may be.
  9. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California and the Federal Laws of the United States of America.