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Terms of Use
Terms of Use: Agent FormulaSM (“Agent Formula”) welcomes you to its website. By using or visiting the website, you are agreeing to these Terms of Use, including any future amendments (collectively the "Terms of Use"). If you do not agree to any of these Terms of Use, then please do not use the website as your continued use of the website shall constitute your acceptance of these Terms of Use. Although Agent Formula may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version of the Terms of Use as Agent Formula may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use this website or Agent Formula’s services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. These Terms of Use apply to all users of the website, including users who are also contributors of any content, photographs, articles, information, and other materials or services on the website. The website may contain links to third party websites that are not owned or controlled by Agent Formula. Agent Formula has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Agent Formula will not and cannot censor or edit the content of any third-party website. By using the website, you expressly assume individual responsibility and relieve Agent Formula from any and all liability arising from your use of any third-party website. Agent Formula hereby grants you permission to use its website provided that you do not copy or distribute any part of the website without prior written authorization, and you otherwise comply with the terms and conditions of these Terms of Use. Intellectual Property Rights The content on the website, including all User Submissions (as defined herein), including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included on this website (the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are the property of Agent Formula and are protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site is the exclusive property of Agent Formula and is protected by U.S. and international copyright laws. Content on the website is provided to you on an “AS IS” and “AS AVAILABLE” basis for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Agent Formula reserves all rights not expressly granted in and to the website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted herein. Member Accounts Access to portions of the website may require you to open an account. In order to access these portions of the website you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also be asked to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Agent Formula immediately of any unauthorized use of your account or any other breach of security. Agent Formula will not be liable for any loss or damages that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by Agent Formula or another party due to someone else using your account or password. IT IS THE EXPRESS POLICY OF AGENT FORMULA THAT YOU MAY NOT USE ANYONE ELSE'S ACCOUNT AT ANY TIME, WITHOUT THE WRITTEN PERMISSION OF THE ACCOUNT HOLDER. User Submissions The website permits appropriate user submissions including videos, photographs, comments, or other communications ("User Submissions") and the hosting, sharing, and publishing of appropriate User Submissions. However, Agent Formula does not guarantee the publication or confidentiality of any submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Agent Formula to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Use; and (ii) you have the necessary consent, release, and/or permission of each and every identifiable individual in the User Submission to use their name or likeness and have been authorized to include such name or likeness in your User Submissions and that such use is consistent with the manner contemplated by the website and these Terms of Use. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Agent Formula, you hereby unconditionally and without monetary compensation grant Agent Formula a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable right and license to use, host, cache, route, transmit, store, copy, reformat, excerpt, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the website and Agent Formula’ business, including without limitation for promoting and redistributing part or all of the website in any media formats and through any media channels. You hereby grant Agent Formula a perpetual, non-exclusive, worldwide, royalty free license to use your name in connection with your User Submissions. This license gives Agent Formula the right to display your User Submissions via streaming and/or downloading technologies via the internet or mobile communication devices for fee or no fee to the end user, and Agent Formula reserves the right to display advertisements in connection with any display of your User Submissions. Agent Formula further reserves the right to display User Submissions for marketing, promotional, and advertising purposes. Notwithstanding the foregoing, Agent Formula is not required to host, index, or display any User Submissions uploaded or otherwise provided to Agent Formula, and may remove or refuse to host, index or display any User Submissions. Agent Formula is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Submissions. You further agree that you will not: (i) impersonate another person; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; or (iv) submit material that is copyrighted, a protected trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Agent Formula all of the license rights granted herein. Agent Formula does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Agent Formula expressly disclaims any and all liability in connection with User Submissions. Agent Formula does not permit copyright infringing activities and infringement of intellectual property rights on the website, and Agent Formula will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Agent Formula reserves the right to remove Content and User Submissions without prior notice. You acknowledge that Agent Formula may or may not pre-screen User Submissions, but that Agent Formula and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, or remove any User Submissions. Without limitation, Agent Formula and its designees shall have the right to remove any User Submissions that violate these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Submissions, including any reliance on the accuracy, completeness, or usefulness of such User Submissions. In this regard, you acknowledge that you may not rely on any User Submissions created by Agent Formula or submitted to Agent Formula, including, without limitation, information in Agent Formula’ message boards and in all other parts of the website. You acknowledge, consent and agree that Agent Formula may access, preserve and disclose your account information and User Submissions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any User Submissions violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Agent Formula, its users and the public. Claims of Copyright Infringement Agent Formula respects the intellectual property rights of others. Thus, if you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing sending an email to ruth@agentformula.com or letter to AGENT FORMULA, 8400 West Sahara, Las Vegas, NV 89117 with the following information consistent with 17 U.S.C 512(c)(3): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) 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 owner, its agent, or the law; and (vi) 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. 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. Please note that this procedure is exclusively for notifying Agent Formula that your copyrighted material has been infringed. The preceding requirements are intended to comply with Agent Formula’ rights and obligations under the DMCA, but do not constitute legal advice. In accordance with the DMCA and other applicable law, Agent Formula has adopted a policy of terminating, in appropriate circumstances and at Agent Formula' sole discretion, members who are deemed to be repeat infringers. Agent Formula may also at its sole discretion limit access to and/or terminate the member accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. User Conduct By using, viewing or accessing the Agent Formula website, you expressly agree to not use the website to: i) upload, post, email, transmit or otherwise make available any User Submissions that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions; iv) upload, post, email, transmit or otherwise make available any User Submissions that you do not have a right to make available under any law or under any contractual or fiduciary relationship; v) upload, post, email, transmit or otherwise make available any User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; vi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; vii) upload, post, email, transmit or otherwise make available any material that may contain 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; viii) interfere with or disrupt the website, servers, or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website; ix) intentionally or unintentionally violate any applicable local, state, national or international law; and/or "stalk," “prey upon,” or otherwise harass another. Prohibited Uses As a condition of your use of the website, you agree that 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 Agent Formula’ server, or the network(s) connected to any Agent Formula’ server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to the website, other accounts, computer systems or networks connected to any Agent Formula’ server or 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. Assignment These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned only by Agent Formula without restriction. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AGENT FORMULA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. AGENT FORMULA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AGENT FORMULA WEBSITE. AGENT FORMULA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AGENT FORMULA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AGENT FORMULA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Limitation of Liability IN NO EVENT SHALL AGENT FORMULA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AGENT FORMULA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AGENT FORMULA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Users may be banned from Agent Formula for any reason without warning. The website is controlled and offered by Agent Formula from its facilities in the United States of America. Agent Formula makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own risk and are responsible for compliance with local law. Indemnity By using, viewing or accessing the Agent Formula website, you agree to indemnify and hold Agent Formula and its officers, directors, agents, subsidiaries, joint ventures and/or employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or your violation of any law or rights of a third-party. Advertisers or Sponsors Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that Agent Formula shall not be responsible or 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 advertisers or sponsors on the website. Acceptance of Terms of Use You affirm that you are: i) at least 18 years of age; ii) an emancipated minor; or iii) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and to abide by and comply with such terms, conditions and obligations. Modifications: Agent Formula reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website, or any part thereof, with or without notice. You agree that Agent Formula shall not be liable to you or to any third party for any modification, suspension or discontinuance of any service. General: By using, viewing or accessing the Agent Formula website, you agree that: (i) the website shall be deemed solely based in Nevada; and (ii) the website is a passive website that does not give rise to personal jurisdiction over Agent Formula, either specific or general, in jurisdictions other than Nevada. These Terms of Use shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Venue: for any legal action concerning any claim or dispute between you and Agent Formula that arises in whole or in part from the website shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by using, viewing and/or accessing the Agent Formula website you expressly consent to jurisdiction and venue in such court. Domains pointed at Agent Formula without active accounts will result in the website being forwarded to LasVegasAgentFormula.com. If an Agent Formula member cancels the membership it is the Agent Formula member's responsibility to redirect their domain otherwise it will default to LasVegasAgentFormula.com. These Terms of Use and any other legal notices published by Agent Formula on the website, shall constitute the entire agreement between you and Agent Formula concerning the website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions therein, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Agent Formula’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Agent Formula reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. 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 website or related services must be filed within one (1) year after such claim or cause of action arose or shall be forever barred. Questions: If you have questions about theses Terms of Use, you may send us an e-mail at ruth@agentformula.com or mail your questions to: AGENT FORMULA 8400 West Sahara, Las Vegas, NV 89117 Effective date: January 25, 2011.
