Some of our offerings may be subject to additional terms and we will notify you if this is the case.
1. ACCEPTANCE OF THE TERMS
By accessing, downloading, installing, submitting content, registering with us or using the AgencyGeek Services, you acknowledge that you have read, understand and agree to be bound by these Terms, which form an agreement that is effective as if you had signed it.
This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Services to become a "Member" or "Subscriber". For purposes of this Agreement, the term "Member" refers to a small or medium sized business entity seeking the services of a Subscriber. “Subscriber” means a person or entity that offers its services to a Member. Members and Subscribers both provide information to the Company to participate in the Service, and both are bound by this Agreement whether such person or entity uses the Service free of charge or for a fee.
You accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records. If you would like to receive a non-electronic copy of this Agreement, please Contact Us or send a letter and self-addressed stamped envelope with sufficient postage to: 175 Varick Street, New York, NY 10014. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Website.
IF YOU ARE USING THE AGENCYGEEK SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND AGENCYGEEK AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.
2. CHANGES TO TERMS
We reserve the right (in our sole discretion) at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.
4. WHO CAN USE AGENCYGEEK SERVICES/ ELIGIBILITY
AgencyGeek Services are directed to persons 18 years of age or older. If you are under age 18, you are not permitted to submit any identifiable information to AgencyGeek Services through our websites, applications, or offline. Any use of the Service is void where prohibited. By accessing and using the AgencyGeek Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Service. You further agree to be bound by the laws and jurisdiction of the United States.
5. APP USERS
You are solely responsible for all access to any applications through your mobile device, tablet, or other device and for bringing these Terms to the attention of all such persons who may use your device. To use one of our applications you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any costs or fees you may incur as a result of accessing our Services.
We may from time to time develop and provide updates for our mobile applications, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that AgencyGeek shall not be liable with respect to any modifications or deletions of such functionality and has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the Internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. Please promptly download and install all Updates. If you do not, portions of the AgencyGeek Services may not properly operate. You further agree that all Updates will be deemed part of the AgencyGeek Services and be subject to all terms and conditions of these Terms.
6. AGENCYGEEK CONTENT
The AgencyGeek Services, including any information, graphics, buttons, images, data compilations, software, HTML code, artwork, text, video clips, audio clips, trademarks, service marks, logos, slogans, trade names, trade dress and other content provided on, in or through the AgencyGeek Services (collectively, "AgencyGeek Content") are owned by AgencyGeek, or our affiliates, partners or licensors and protected under both United States and international copyright, trademark, patent and/or other laws.
7. LIMITED LICENSE
All rights not expressly granted herein are reserved by AgencyGeek. Any unauthorized use by you of AgencyGeek Services terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law or these terms.
8. CREATING AN ACCOUNT
As either a Member or Subscriber you may be required to create an account by registering with us or using third-party sign on services ("Account") to use certain features of the AgencyGeek Services. If you use a third-party sign on service, you expressly authorize AgencyGeek to access your account information maintained by identified third-party data service providers, on your behalf in connection with your use of AgencyGeek Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate and that you will not create more than one Account. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw approval of, your registration at any time for any reason.
When you register an Account, you will select a email address/username and password to be used to access your Account. You are responsible for maintaining the confidentiality of your Account, username and password and for restricting access to your Account. You agree to accept responsibility for all activities that occur under your Account, username and/or password.
By creating an Account, you agree that AgencyGeek may contact you using the email address that you provide when activating your Account. You may also opt-in to receive other information from us via any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. The frequency of messages that we send to you will depend on your transactions with us. By agreeing to receive communications from us, you understand and agree that AgencyGeek may use any automated system to deliver messages to you. AgencyGeek is not liable for any delays in the receipt of any messages as delivery is subject to effective transmission from a mobile service provider. Messaging is provided on an "as is" basis and may not be available in all areas at all times.
You agree that we may share your Account information with other Members and Subscribers for the purposes of providing AgencyGeek services.
9. COMMUNICATIONS & OTHER CONTENT
The AgencyGeek Services, may include or provide you with the ability to access content provided by Subscribers or other third parties related to their respective products and services, and to view content provided by other Subscribers and third parties. AgencyGeek facilitates the dissemination of this content for your information and convenience independently from the Subscribers and third parties. AgencyGeek is not affiliated with or sponsored by the Subscribers or third parties providing content. In addition, the trademarks / logos displayed on AgencyGeek's website associated with Subscribers are owned by such Subscribers or their related / affiliated companies.
As a Member or Subscriber You are solely responsible for the content and information that you provide, post, upload, publish, link, transmit, record, display or otherwise make available (hereinafter, "Post") on the Service or transmit to other Members or Subscribers, including emails, videos (including streaming videos), photographs, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content").
In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these Terms. By way of example and not limitation, you agree that you will not:
(1) aggregate, copy, duplicate, publish or make available the Content of others to third parties outside the AgencyGeek Services in any manner;
(2) defame, abuse, harass, stalk, threaten or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;
(3) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent or unlawful topic, name, material, content or information;
(4) upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;
(5) upload or transmit files that knowingly contain viruses, mal-ware, time bombs, trojan horses, cancelbots, worms or other harmful, disruptive codes, devices disabling code, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(6) use AgencyGeek Services to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;
(7) falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or
(8) engage in any other action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.
By posting Content you represent and warrant that:
(1) You own or otherwise control all of the rights to your Content, including without limitation all copyrights and trademarks;
(2) Your Content does not infringe, misappropriate or violate any third party's copyright, trademark, patent, literary, trade secret, privacy, publicity, proprietary or other right;
(4) Your Content does not contain information that identifies any person unless you have such person's express prior written consent;
(5) Your Content does not make unsubstantiated claims about any third party or its products or services or contain any slanderous, defamatory, obscene, pornographic, threatening and harassing comments or other content; and
(6) Your Content complies with applicable laws, rules and regulations.
By creating an account you hereby grant AgencyGeek, our affiliates, and our designees a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to, reproduce, modify, adapt, publish, distribute, display, your content in any form throughout the world and in any media whether now known or hereafter developed, alone or as a part of other works for any purpose whatsoever, commercial or otherwise, without compensation to you. You further grant AgencyGeek, our affiliates and designees the right to use the name that you submit in connection with such content in our sole discretion. Under no circumstances are you entitled to payment if AgencyGeek uses one of your Submissions. All Submissions are deemed non-confidential and non-proprietary.
You acknowledge and agree that AgencyGeek has the right (but not the obligation) to monitor, edit, alter, remove or refuse to post or allow to be posted any Content at its sole discretion. AgencyGeek takes no responsibility and assumes no liability for any Content posted by you or any third party. AgencyGeek does not necessarily endorse any opinion or statement contained in any Content .
AgencyGeek strongly encourages you not to disclose any personal information in your Content because other people may see and use the personal information in your Content. AgencyGeek is not responsible for information that you choose to communicate via any submitted Content.
10. THIRD-PARTY SITES & SERVICES
COMMUNICATIONS BETWEEN MEMBERS AND SUBSCRIBERS MAY CONTAIN LINKS, ATTACHMENTS, URLS EXECUTABLE CODE, OR OTHER FILES (THE "ATTACHMENTS"). AGENCYGEEK MAKES NO REPRESENTATIONS OR WARRANTIES THAT ATTACHMENTS ARE FREE FROM VIRUSES, MALWARE, WORMS, TROJAN HORSES, SPYWARE, TIME BOMBS, CANCELBOTS, OR OTHER HARMFUL, MALICIOUS OR INVASIVE SOFTWARE AND OPENING OR ACCESSING THE ATTACHMENTS IS DONE AT YOUR OWN RISK.
11. SUBSCRIPTIONS & PAYMENTS
You may register as a Member at no cost. You may also register as a Subscriber at one of various Subscription levels offered. As a Subscriber, depending on your subscription level, you may use some or all of the features and services available within the Service. To access or use certain features and services, including the ability to communicate with Members, you may be required to become a paying Subscriber to use certain features of the Service. The subscription policies that are disclosed to you when you subscribe to the Service are a part of this Agreement. Absent special offers, you acknowledge and agree that if you are not a Subscriber, you will not be able to use all the features and services available within the Service, including communicating with Members. A Member's or Subscriber's profile may remain posted on the Website even if that Member or Subscriber is not actively using the Service. You acknowledge that although a Member's or Subscriber's profile may be viewed, you may not (even as a Subscriber) be able to use the Service to communicate with that Member if they are not then actively using the Service.
AgencyGeek may offer certain services and/or content for a corresponding fees and require you to purchase a subscription thereto (collectively a "Subscription"). In connection with any and all Subscriptions that you select to purchase, payment is due and payable to AgencyGeek immediately upon sale and must be remitted by valid MasterCard, Visa, American Express, check (subject to additional fees), wire transfer (subject to additional fees) or a third party payment service provider selected by AgencyGeek].
All payments are non-refundable, regardless of user satisfaction.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW INDEFINITELY AT THE END OF EACH SUBSCRIPTION TERM FOR ANOTHER ONE (1) MONTH TERM ("SUBSCRIPTION TERM"). YOU AGREE THAT WE MAY AUTOMATICALLY RENEW YOUR SUBSCRIPTION AND CHARGE YOUR ACCOUNT ON THE ONE (1) MONTH ANNIVERSARY OF YOUR LAST SUBSCRIPTION DATE (THE "RENEWAL DATE"), UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE. THEREAFTER, AGENCYGEEK WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION EACH MONTH ON THE RENEWAL DATE UNTIL YOU CANCEL YOUR SUBSCRIPTION OR AGENCYGEEK NO LONGER OFFERS THE SUBSCRIPTION TO THE SERVICES.
IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, OR IF YOU WANT TO CHANGE OR TERMINATE YOUR SUBSCRIPTION, PLEASE LOG IN AND GO TO "ACCOUNT SETTINGS" ON THE WEBSITE AND FOLLOW THE DIRECTIONS CONTAINED THEREIN. IF YOU CANCEL YOUR SUBSCRIPTION, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES.
12. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED ABOVE, AGENCYGEEK SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE AGENCYGEEK SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF AGENCYGEEK SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR AVAILABILITY OF AGENCYGEEK SERVICES OR ANY CONTENT AVAILABLE THROUGH AGENCYGEEK SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
AgencyGeek does not make any representation or guarantee, that use of the AgencyGeek services by either a Member or a Subscriber will result in any further agreement between Member and Subscriber. AgencyGeek acts solely to facilitate introductions between Members and Subscribers. You understand that AgencyGeek makes no guarantees, either express or implied, regarding any business arrangement that may ultimately arise between Members and Subscribers that are introduced or presented through the Service.
13. LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL AGENCYGEEK, OR ITS AFFILIATES, PARTNERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY (a) DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS, ACCESS TO OR USE OF THE AGENCYGEEK SERVICES OR SUBMISSIONS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF AGENCYGEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF AGENCYGEEK SERVICES AND TERMINATE THESE TERMS. THESE LIMITED REMEDIES SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THEIR ESSENTIAL PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE OUR TOTAL LIABILITY IN THE AGGREGATE FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY SHALL BE THE LESSER OF THE AMOUNT PAID BY YOU TO AGENCYGEEK OR ONE-THOUSAND DOLLARS ($1,000.00).
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 SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS AND THAT AGENCYGEEK WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY.
15. DISPUTE RESOLUTION
By using the AgencyGeek Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and AgencyGeek. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. In the event that this arbitration clause is for any reason held to be unenforceable, any litigation against AgencyGeek (except for small-claims court actions) may be commenced only in the federal or state courts located in New York City, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement will remain in full force and effect while you use the Service and/or are a Member or Subscriber. These Terms automatically terminate when you fail to comply with any term or condition of them. AgencyGeek may terminate or modify your access to the AgencyGeek Services, with or without notice to you, at any time for any reason. For example, access to the AgencyGeek Services may be denied without notice if AgencyGeek believes that you are using copyrighted material without consent.
You may change or cancel your Membership or Subscription at any time, for any reason, by following the instructions on the "change/ cancel membership" or similar page on your "Account Settings" page. You may change or cancel your Subscription at any time online by following the instructions on the "Subscription" page on your "Account Settings" page. You may also cancel your membership by sending the Company written notice of cancellation to AgencyGeek - 175 Varick Street, New York, NY 10014 - or by email notice of cancellation to support@AgencyGeek.com. If you cancel your membership via the Website, we may ask you to provide a reason for your cancellation. If you cancel your subscription, the Company requires a reasonable amount of time to process the action. If you cancel a subscription, you will enjoy subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment. If you paid for your subscription using a multi-payment option, you must make all payments even if you cancel your subscription prior to the end of your then existing subscription commitment period.
Termination will not limit any of AgencyGeek's other rights or remedies. Sections governing Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution and Miscellaneous as well as any other provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
17. NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY INFRINGEMENT
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. We may, in our sole discretion, disable and/or terminate use by Members or Subscribers who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent a notice containing the following information:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located on the website (providing url(s) in the body of an email is the best way to help us locate content quickly);
(4) your name, address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached by contacting our DMCA agent at:
175 Varick Street
New York, NY 10014
Our DMCA Agent will only respond to notices and inquiries that comply with the above listed requirements. Please see www.copyright.gov for more information.
18. SPECIAL STATE TERMS
Pursuant to California civil code section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, and address of the provider of this service is:
Attn: Privacy Officer
175 Varick Street
New York, NY 10014
Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to support@AgencyGeek.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see http://www.dca.ca.gov/ for additional information.
You can also write to us at:
Attn: Privacy Officer
175 Varick Street
New York, NY 10014