Terms of Service
Last Updated: February 20th, 2020.
By visiting Agree Media LLC's Sites, you agree to be bound by these Terms of Service. If you do not agree with any part of these Terms of Service, you must not use these Sites.
This agreement contains an agreement to arbitrate all claims and contains disclaimers of warranties and liability.
The Services are directed at use by adults only and are not intended for use by anyone under the age of 18. If you are under 18, do not use this website. If you are aware of someone using these Sites who is under 18, please contact us at firstname.lastname@example.org.
Your Use of the Services
We grant you a limited, non-transferable, fully revocable, non-sublicensable license to use the Services solely for your personal, non-commercial use described more fully below, and subject to the restrictions provided in this Agreement.
We are NOT an organization that provides educational or insurance services or products. Your information will be referred to a Third Party Providers of services or products.
We earn a marketing fee from unaffiliated third-party businesses interested in offering their products and services, or their respective affiliates, third-party finder or marketing companies ("Third Party Providers") to you. We do not charge you an upfront fee for locating potential offers from Third Party Providers.
Your license to use the Services is subject to the restrictions provided in this Agreement. You may not, while using the Services , engage in conduct or submit any information that: (a) is false, misleading, unlawful, threatening, harmful, abusive or infringes another's privacy or publicity or other rights; (b) exploits or endangers minors; (c) impersonates or attempts to impersonate any person or entity, conducts fraud, hides or attempt to hides your identity; (d) engages in commercial activity (including but not limited to sales, contests, or sweepstakes) without the Company's prior written consent; (e) uses the Services to advertise or promote competing services; or (f) uses any robot, spider, scraper or other system to access the Services for any purpose without our express written permission, or interfere with the proper working of the Services in any manner.
The Services may contain information, software, text, files, images, video, sounds, applications, and other materials or content belonging to us , the Company's licensors, partners, and affiliates, and other third parties (collectively, "Company Content"). All Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and the Company, we own and retain all rights in the Company Content. Except as expressly permitted by us , you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Company Content.
Third Party Providers and Your Responsibilities
We are not responsible for and makes no warranties, express or implied, as to the Third Party Providers' products or servicesor their conduct related to your information. Our inclusion of any Third Party Provider as part of an offer comparison or other part of the Services does not imply approval or endorsement of the Third Party Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Third Party Providers. It is your responsibility to investigate the Third Party Providers you choose to interact with.
We make no guarantees that the terms or rates for the products or services offered and made available by Third Party Providers are the optimal terms or rates accessible in a particular market. Market conditions, approval and qualification requirements may dictate the nature of the products or services offered to you. For example, in the case of any services, quotes and rates actually provided by Third Party Providers may be higher or lower depending on your individual financial profile, your geographic location and other factors. Accordingly, unless expressly stated in writing, nothing contained with respect to the Services shall constitute an offer or promise for a product or service.
By using the Services , you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website other than the Sites. When you access the Sites of any Third Party Providers , you do so at your own risk. We encourage you not to provide any personally identifiable information to any Third Party Providers unless you know and are comfortable with the party with whom you are interacting.
Contact with Third Party Providers
You understand and agree that if you request information regarding the services from a Third Party Provider through your use of our Sites , we will share the information that you provide us with the corresponding Third Party Providers. Third Party Providers may keep any information that you provide them, including any incomplete forms transmitted through the Services regardless of whether you actually purchase the products or Services offered. You agree to notify Third Party Providers directly if and when you no longer wish to receive information or any further correspondence.
Your use of the Services is at your sole risk. The Services are provided on an "as is", "as available", and "with all faults" basis, and without warranty, or condition, express, implied or statutory. You agree that you will be solely responsible for any damages or losses that arise from your use of the Services.
To the fullest extent permitted by the applicable law, the company disclaims all warranties and conditions of any kind, express, implied or statutory, in connection with the Services , including but not limited to the implied warranties or merchantability, fitness for a particular purpose, and non-infringement. In particular, we make no warranties or representations that (A) the Services will operate uninterrupted, timely, secure or error-free, (B) You will received any specific results from using the Services , (C) Any defects related to the Services will be corrected, (D) The Services are free of computer bugs, viruses or other harmful components, Or (E) Any information, content or materials made available through the Services will be accurate, useful, timely or reliable.
We further make no warranties or representations with respect to any Third Party Provider's services or products. Any purchase or use of the products or services offered by third parties through the Sites or links to third party sites from the Sites is made at your own risk.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will the company or its parents, subsidiaries, affiliates or partners, or any of their officers, directors, mangers, members, shareholders, employees, contractors, third parties, Third Party Providers, or agents (collectively, the "Affiliated Parties"), be liable for any losses or damages of any kind in connection with your use of the Services , included but not limited to (A) Any direct, indirect, incidental, special, punitive or consequential damages, (B) Any property damage, data loss, personal inquiry, or technical malfunctions, or interruptions, or (C) Any damages or losses related to the unauthorized access and use of the Services or related equipment, or any computer bugs, viruses, harmful programs or similar mechanism transmitted through or in connection with the Services. If you are dissatisfied with any portion of the Services , your sole and exclusive remedy is to discontinue the uses of the Services.
You acknowledge and agree that Third Party Providers are solely responsible for any products and Services that they may provide to you and that we shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of Third Party Providers' products or services.
Agreement to Pre-Arbitration Notification of Dispute
This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be preferable to discuss and resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send an email message to us at email@example.com briefly summarizing the claim and the request for relief. If the dispute is not resolved within 60 days after the email is received, you may proceed to initiate arbitration proceedings, or any other proceedings authorized herein.
The laws of the State of California, and applicable federal law (including the Federal Arbitration Act), will govern this Agreement and any claim or dispute relating thereto or to your use of the Services , without regard to its conflicts or choice of law rules.
Arbitration Agreement and Class Action Waiver
Any controversy, claim or dispute arising from or relating to this Agreement , your use of the Services , or your use of Third Party Providers' services shall be settled by arbitration using a single arbitrator administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules"). Unless a hearing is requested (which may be conducted by telephone), the parties will submit their arguments and evidence to the arbitrator in writing, and the arbitrator will make an award based only on the documents. Under no circumstances shall any party be required to travel to participate in the arbitration.
If you decide to commence arbitration, the provider will require you to pay a filing fee based on the amount of the claim. We will reimburse you for any filing fees incurred in excess of $125 after arbitration is initiated, and you will be reimbursed the initial $125 fee if the arbitrator ultimately rules in your favor. This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall exclusively determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction. The arbitrator shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
Opting-Out of Arbitration Agreement and Class Action Waiver
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver by sending a notice within 30 days of using the Services to firstname.lastname@example.org that specifies (1) your name, (2) your mailing address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver set forth herein. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation, and non-arbitrated claims or disputes arising out of or relating to this Agreement or the use of any of the Services will be resolved exclusively in the state or federal courts in San Diego County, California with the parties consenting to such exclusive jurisdiction and venue.
You agree to indemnify, defend and hold harmless the Company and the Affiliated Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Services; (b) your use of or interaction with any Third Party Provider or other third party websites, software or other technology; and (c) your breach of this Agreement, applicable laws, or third party rights. Your indemnification obligation will survive this Agreement and your use of the Services.
We may modify this Agreement at any time, and each such modification will be effective upon notice to you (including posting on the Sites ). All material modifications will apply prospectively only. It is therefore important that you review this Agreement regularly. You may also receive a copy of this Agreement by emailing us at email@example.com.