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TERMS AND CONDITIONS
EGENCY TERMS AND CONDITIONS EGENCY provides its programs and services to its Agents and Customers subject to the following Terms and Conditions, which may be updated by us without notice to you. You can review the most current version of the Terms and Conditions at any time at: http://www.EGENCY. In addition, when using EGENCY owned or operated services, the Agent, Customer and EGENCY shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. DESCRIPTION OF SERVICE When you become an Agent, Agency, Affiliate or Customer of EGENCY, you will be asked to provide certain personal information about yourself or your business, such as your name, address, telephone number, email and applicable billing information and may included other personal information such as social security number, tax payer id number, date of birth and/or credit card number. You understand and agree that EGENCY may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. EGENCY and its affiliates will not disclose to any third party your name, address, e-mail address or telephone number for marketing purposes. Customers who subscribe to EGENCY's Programs and Services grant permission to EGENCY to purchase and manage these services representing the Customer for inclusion in Internet search engines and Internet directories. Services purchased on behalf of the customer will be used solely for directing Internet search results to the customer's web site. EGENCY reserves the right to offer services and products to their Agents or Customers at any time. You may not transfer your account to others. You understand and agree that the Service is provided "AS-IS" and that EGENCY assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. The Agent and the Customer are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). The Customer is responsible for those fees. In addition, the customer or agent must provide and are responsible for all equipment necessary to access the Programs and Services. REGISTRATION OBLIGATIONS In consideration of your use of the Programs or Services, you represent that you are of legal age to form a binding contract with EGENCY and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself and/or your business on EGENCY's application or registration pages and update all data to keep it current. Some services provided by EGENCY have a fee associated with them. EGENCY may change, without prior notice; prices for all their services excluding all applicable taxes and other state imposed charges, unless expressly stated otherwise. Under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase EGENCY's Services, you agree to pay for the said fees, using a valid credit card or bank account. EGENCY reserves the right, upon prior notice to the Agent or Customer, to change the amount of any fees and to institute new fees. All authorized charges will be billed to your credit card or bank account provided by the Agent and Customer upon registration of the services. If the payment is returned to EGENCY for any reason, EGENCY reserves the right to either suspend or terminate access and or all services. You may terminate your account at any time by contacting EGENCY. All cancellation requests will be processed within 72 hours of receipt of cancellation. Any prior payments for EGENCY's services before cancellation has been received are non-refundable and payment may not be refunded depending upon the signed contract. Upon cancellation of the programs or services, EGENCY may deactivate or delete your information and deny further log in access. PRIVACY POLICY Registration Data and certain other information about the Agent or Customer are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.EGENCY. You understand that through your use of EGENCY's Programs and Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information for storage, processing and use by EGENCY. ACCOUNT: The Agent will create a user id and a password for the EGENCY's agent site. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify EGENCY of any unauthorized use of your password or account or any other breach of security. EGENCY cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions. CONDUCT: You understand that all information, data, text, photographs or other materials, submitted, are the sole responsibility of the person from whom such Content originated. This means the Agent or the Customer, and not EGENCY, are entirely responsible for all information made available via EGENCY's Programs and Services. You agree to not use the Service to: a. submit, upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable b. submit, upload, post, email, transmit or otherwise harm minors in any way c. impersonate any person or falsely state or otherwise misrepresent your affiliation with a person or entity; d. submit, upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) d. submit, upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party e. submit, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, or any other form of solicitation f. submit, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment g. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law h. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act i. "stalk" or otherwise harass another j. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through j above. You acknowledge that EGENCY may or may not pre-screen the information, but that EGENCY shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any information that is available via the Services. EGENCY shall have the right to remove any information that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the accuracy, completeness, or usefulness of such Information. You acknowledge, consent and agree that EGENCY may access, preserve and disclose your account information and all other information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms and Conditions, respond to claims that any Information violates the rights of third parties or to protect the rights, property or personal safety of EGENCY, its users and the public. EGENCY has the right at anytime to suspend or terminate your account and refuse any and all current or future use of the Service. INFORMATION SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE EGENCY does not claim ownership of Information you submit or make available for inclusion on the Programs or Services. However, with respect to the Information you submit or make available for inclusion on publicly accessible areas of the Service, you grant EGENCY the following worldwide, royalty-free and non-exclusive license(s), as applicable: With respect to Information you submit or make available for inclusion on publicly accessible areas of EGENCY, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Information on the Service. This license exists only for as long as you elect to continue to include such Information on the Service and will terminate at the time you remove or EGENCY removes such Information from the Service. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Information on the Service solely for the purpose for which such Information was submitted or made available. This license exists only for as long as you elect to continue to include such Information on the Service and will terminate at the time you remove or EGENCY removes such Information from the Service. With respect to Information other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Information (in whole or in part) and to incorporate such Information into other works in any format or medium now known or later developed. INDEMNITY The Agent and Customer agrees to indemnify and hold EGENCY and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Information which the Agent or Customer submits, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another. USE AND STORAGE You acknowledge that EGENCY may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Information will be retained by the Service, You further acknowledge that EGENCY reserves the right to modify these general practices and limits from time to time. MODIFICATIONS TO SERVICE EGENCY reserves the right at any time to modify or discontinue, temporarily or permanently remove any Program or Service (or any part thereof) with or without notice. You agree that EGENCY shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Service. TERMINATION You agree that EGENCY may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to breaches or violations of the Terms of Conditions or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you, unexpected technical or security issues or problems, and/or nonpayment of any fees owed by you in connection with the Services. LINKS The Services may provide links to other World Wide Web sites or resources. Because EGENCY has no control over such sites and resources, you acknowledge and agree that EGENCY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Information, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that EGENCY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Information, goods or services available on or through any such site or resource. PROPRIETARY RIGHTS By submitting Customer information to EGENCY, you acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws you further acknowledge and agree that Information contained or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. GENERAL INFORMATION The Terms and Conditions constitute the entire agreement between you and EGENCY and govern your use of the Services, superseding any prior agreements with respect to the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL EGENCY OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE EGENCY SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EGENCY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE EGENCY SERVICES, FROM INABILITY TO USE THE EGENCY SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EGENCY SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EGENCY SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EGENCY SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE EGENCY SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EGENCY SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE EGENCY SERVICES OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE EGENCY SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall EGENCY or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. DISCLAIMER OF WARRANTIES EGENCY disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the EGENCY Services results. EGENCY disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. EGENCY disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the EGENCY Services. THE EGENCY SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE EGENCY SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. EGENCY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EGENCY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EGENCY SERVICES. EGENCY AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE EGENCY SERVICES. EGENCY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EGENCY SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE EGENCY SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE EGENCY SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE EGENCY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
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