Agents Win, Inc. provides its Website, www.agentsuperstore.com (the "Website"), and it's related services to you subject to the following notices, terms and conditions ("Terms of Use"). Before using our web site, please review these Terms of Use carefully. Continuing to access and/or use this Website in any way, signifies your binding agreement and acceptance to these Terms of Use, including any modification we may make. Agents Wins, Inc. may make changes to the content, products or services provided on the Website at any time and at its sole discretion. These notices, terms, and conditions are subject to change in the sole and absolute discretion of Agents Win, Inc. All updates, new features, enhancements, and or the addition of additional web pages or websites are immediately subject to these terms and conditions. Your continued use of the AgentSuperstore.com website constitutes your continued acceptance to all such notices, terms and conditions as modified.
You may choose to not use the Website at any time if you do not wish to accept these Terms of Use. Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Agents Win, Inc. and shall be of no force or effect. Any rights not expressly granted herein are reserved.
The most current version of these terms can be reviewed by clicking on the "Terms of Use" link located at the bottom of our website pages.
Site Use
Agents Win, Inc. may, in its sole discretion and without notice, deny any company or person access to this Website or any portion thereof. As a condition of your use of this Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.
You may not use this Website in any manner that could damage, disable, overburden, or impair any Agents Win, Inc. server or interfere with any other party's use and enjoyment of the Website and services offered herein. You may not attempt to gain unauthorized access to other's accounts, information, computer systems or networks connected to the Agents Win, Inc. server or to any of the services or products offered via the website, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
This Website, any portion of this Website and any software, products or services obtained herein may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial purpose that is not expressly granted by Agents Win, Inc.
If Agents Win, Inc. believes that conduct violates applicable law, is harmful to the interests of Agents Win, Inc. and its affiliates or any other reason, we have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice, including the right to pursue any legal action available against any user whose use violates the state, federal or local law or these Terms of Use:
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, or remove any material that you submit to our sites for any reason;
Refuse, move, or remove any content that is available on our sites;
Deactivate or delete your accounts and all related information and files in your account;
Establish general practices and limits concerning use of our sites
Cancel orders in its sole discretion
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as administrative messages and/or service announcements from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.
You agree to use our "Community Café" area of the site, which may include bulletin board services, chat areas, news groups, forums, videos, communities and/or message or communication facilities (collectively, the "Forums"), only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.
Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by AgentSuperstore.com and Agents Win, Inc. for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.
Accuracy
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will also help by updating your registration and profile information keeping it accurate. If a password is issued, you may not reveal it to anyone else, nor will use anyone else's password as you are responsible for maintaining the confidentiality of your accounts and passwords. To help protect all confidentialities, you agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit or log off of password protected areas at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
Availability of this Website or particular information or services herein is subject to change without notice.
Content
AgentSuperstore.com includes a combination of content that we create, that our partners create, and that our users create. This content includes, among other things, product reviews, white papers, and directory listings. It also includes information about products and services offered by parties other than Agents Win, Inc. or AgentSuperstore.com, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our sites.
All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, videos/video clips, illustrations, tradenames/marks, logos, sound clips/bits, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part.
If you would like to request permission to use any of the content on our sites, please review our copyright notice, found herein and submit a request to service@AgentSuperstore.com
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Other users of the Site may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given express written permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under these Terms and Conditions:
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not express or imply that any statements You make are endorsed by Us, without Our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or, in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.
You will not interfere with or disrupt any Service or any site, servers or networks connected to Site.
You will not post, email or otherwise transmit 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.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Site without Our specific prior written consent.
You will not use meta tags or code or other devices containing any reference to Us or the Site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site.
You will not use the Services for commercial purposes.
You will not "stalk" or otherwise harass another.
Minor Children Under the Age of 18
Agents Win, Inc. provides its services and Website to adults and does not sell products for or provide information or services to children. If you are under 18, you may use AgentSuperstore.com only under the supervision and with the involvement of a parent or guardian. Agents Win, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders/ requests in its sole discretion.
Links and Linking Policies
Agents Win, Inc. may contain links to other websites ("Linked Sites"). Linking to such Linked Sites will let you leave AgentSuperstore.com. Unless otherwise indicated, Agents Win, Inc. is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of Agents Win, Inc. and Agents Win, Inc. is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Agents Win, Inc. does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. Agents Win, Inc. is providing these links only as a mere convenience, or as part of an advertisement and the inclusion of any link does not imply endorsement by Agents Win, Inc. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk.
Linking to AgentSuperstore.com from another website ("Linking Site") is only allowed under the following conditions. A Linking Site may link to, but not replicate, AgentSuperstore.com's content. A Linking Site shall not create a frame, browser or border environment to AgentSuperstore.com's content and a Linking Site shall not imply that Agents Win, Inc. is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site's relationship with Agents Win, Inc. and shall not provide false information about the products or services mentioned on AgentSuperstore.com and shall not unlawfully use the copyrights or trademarks owned by Agents Win, Inc. or AgentSuperstore.com or others. Linking Sites shall abide by any and all applicable laws.
Third Party Products and Services
We do not sell, resell, or license any of the products or the services that we list or advertise on AgentSuperstore.com, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Limitation of Liability
THIS WEBSITE AND ALL CONTENT, INFORMATION, GOODS, SERVICES, DOCUMENTS, ADVERTISEMENTS, AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. AGENTS WIN, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO TYPOGRAPHICAL ERROR AND TECHNICAL INACCURACIES. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, AGENTS WIN, INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AGENTS WIN, INC. DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES OR CONTENT THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES" OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. ALL CONTENT IS AVAIALBE AND DELIVERALBE IN AND "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK. IN NO EVENT, SHALL AGENTS WIN, INC. AND OR ITS AFFILIATES, NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM AGENTS WIN, INC. OR AGENTSUPERSTORE.COM THROUGH THE WEBSITE.
IN SOME STATES, THEY DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You hereby agree to indemnify, defend and hold AgentSuperstore.com and Agents Win, Inc. and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Agents Win, Inc. Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Agents Win, Inc. Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement.
Disclaimers
We disclaim any responsibility for the untimely delivery of any information or material deletion, the failure to store or the misdelivery of content or information. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for any service outages caused by our site caused by our maintenance on the servers or the technology that utilized on our sites including failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
All content and otherwise protected features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Agents Win, Inc., are the property of Agents Win, Inc. and are protected by United States and International copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY AGENTS WIN, INC. IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of Agents Win, Inc. and is protected by United States and international copyright laws. All software used on this site is the property of Agents Win, Inc. or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by Agents Win, Inc. pursuant to express authorization from the copyright owners or their agents. Any other use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited.
Copyright Infringement Policy
Agents Win, Inc., pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity. Infringing activity includes, but is not limited to alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Agents Win, Inc. accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c). All claims of infringement must be submitted to Agents Win, Inc. in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
By mail:
Agents Win, Inc.
7668 El Camino Real
Suite 104705
La Costa, CA 92009
United States of America
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit Agents Win, Inc. to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Trademarks
"AGENTS WIN," "AGENTSUPERSTORE.COM," and "AGENTSUPERSTORE" along with all logos, other tradenames, trademarks, services marks, whether registered or not, set forth on this Website are the sole property of Agents Win, Inc. All trademarks may not be used in connection with any product or service that is not owned by Agents Win, Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Agents Win, Inc. or AgentSuperstore.com. Any trademarks not owned by Agents Win, Inc. that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Agents Win, Inc. or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.
Export Control
Unless otherwise specified, the materials on this Website are presented solely to provide information regarding and to promote AgentSuperstore.com services and other products available in the United States, its territories, possessions and protectorates. The Website is controlled and operated by Agents Win, Inc. from its offices within the state of California, United States of America. Agents Win, Inc. makes no representation that materials or Services are appropriate or available for use outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Website is further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Applicable Laws
This site is created and controlled by Agents Win, Inc. in the State of California, USA. As such, the laws of the State of California will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws.
Arbitration
AgentSuperstore.com and Agents Wins, Inc. may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego, California, necessary to protect the rights or the property of you or Agents Win, Inc. (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
Severability
If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions with remain in full force.
Privacy Policy
All of the information that we collect from you, such as registration and personal information, is subject to our privacy policy. Please click here to see our full privacy policy.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
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 our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Agents Win, Inc. and govern your use of our site, superceding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in San Francisco, California if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
