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Terms of Use

Date of Last Update or Revision:  April 2021

Welcome to Agentgradschool.com (the “Site”). Agentgradschool.com is the web site for Agent Grad School, LLC (“AGS” or “we,” “our,” or “us”). AGS offers unique training and educational opportunities for real estate agents aimed at helping them maximize professional success. The term “user,” “you” and “your” refers to site visitors, potential clients, and any other users of the site.  Any and all use of the Site, our linked forms, and the Agent Grad School Student Portal (which are all to be deemed part of the “Site”) are subject to these terms and conditions (the “Terms of Use”). 

YOUR AGREEMENT TO THE TERMS OF USE AND PRIVACY POLICY.

You agree to be bound by the Terms of Use, as well as our Privacy Policy (“Privacy Policy”), incorporated into these Terms of Use by reference, as they may be modified, updated or amended from time to time, whenever you:

  • Use any portion of the Site.
  • Publish, contribute, access or view any Content (defined below) on or through the Site. 
  • Click to accept or agree to the Terms of Use and/or the Privacy Policy when this option is made available to you. 

AGS reserves the right to change these Terms of Use at its sole discretion, at any time. If any change is not acceptable to you, you must discontinue your use of the Site immediately. Using the Site after changes to these Terms of Use or Privacy Policy constitutes your irrevocable acceptance of such changes. AGS  may, in its sole discretion, notify you of such changes, although it is not required to do so. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

You may only use the Site (including registering for the Site) if you are 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, and be bound by, these Terms of Use in their entirety. You represent that you are over the age of 18. If you are under the age of 18, you are not authorized to use the Site and must cease all use of the Site. 

Every effort has been made to accurately represent our products and services and their potential, but information presented on the Site is not to be interpreted as a promise or guarantee of earnings. Any claims of income mentioned on the Site are anecdotal, and we have not performed, nor do we undertake to perform, any independent verification of such anecdotal information. You should not assume that you will experience similar results. Your results will depend on factors specific to you, including your educational background, skills, prior experience, and willingness and ability to devote time to your professional endeavors. Any business opportunity involves inherent risk, and you should consult with your attorney, CPA, and other professional advisors as you see fit.

CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP.

The information provided on the Site is for educational and informational purposes only.  The information published on or through the Site includes AGS training modules and may also include other data, text, software, scripts, images, graphics, photographs, video recordings, audio recordings (including without limitation sounds or music), audiovisual combinations, and other interactive or similar materials (the “Content”), that has been provided by users such as yourself, AGS, our third party licensors or suppliers (“Third Party Licensors”). The Content provided by AGS or Third Party Licensors contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by such parties, as the case may be, and all such proprietary material is protected by law, including, without limitation, U.S. trademark and copyright laws and international treaty provisions. 

The training modules, as well as the “look and feel” of the Site (including color combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by the Third Party Licensors) are also AGS’s trademarks and/or copyrights, as the case may be. 

You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any Content, except as expressly permitted under these Terms of Use, without the prior written consent of AGS  or the legal owner of such Content.

Any unauthorized use of Content accessed through the Site may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Site is strictly forbidden.

Except as otherwise permitted under these Terms of Use, AGS grants to you the limited, non-transferable right to view and use the Site, subject to these Terms of Use. All rights not expressly granted under these Terms of Use are reserved by AGS.

THIRD-PARTY CONTENT.

The Content displayed, distributed or otherwise accessible through the Site includes information (which may include, without limitation, factual information, personal narratives, advice, opinions, images, prices offered for items, item descriptions, and certain third-party terms of service) from various third-party sources, including Third Party Licensors, other registered users of the Site and members of the public. AGS has not independently verified that any Content is complete, current, accurate, safe, inoffensive, non-objectionable, or otherwise appropriate for any user of the Site and expressly disclaims any warranty with respect to the reliability of such information. You acknowledge and agree that your reliance on the Content is solely at your own risk. If you have any questions with respect to the Content displayed, distributed or otherwise accessible through the Site, please contact AGS at [email protected].

ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED OR OTHERWISE COMMUNICATED THROUGH THE SITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. AGS AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY BRAND OWNERS.

USERNAMES, PASSWORDS AND ACCOUNT INFORMATION FOR THE SITE.

To open an Account or purchase access the Site, you must register and submit information in the manner set forth on the Site. You are obliged to maintain the confidentiality of any usernames or passwords that you adopt and/or are provided by AGS. If you become aware of any unauthorized use of your username and password by any third party, you agree to notify AGS immediately at the Contact Information set forth in these Terms of Use. For your protection, if AGS believes that any unauthorized access may occur or has occurred, AGS may terminate access without prior notice to you. You also agree that AGS is permitted to act upon any instructions received using your username and password and to consider such instructions as authorized by you. AGS will not be responsible or liable for any loss or injury incurred by you for unauthorized use of your username and password, although you may be responsible or liable for any losses or injury caused by such unauthorized use.

When you register for, use or set up an Account for the Site, you will be asked to provide accurate contact information and may also be asked to provide other information about yourself to help us better provide services to you or enhance your use and enjoyment of the Site. You warrant that all information provided by you is accurate to the best of your knowledge. You further agree to receive any notices from AGS to you regarding your use of the Site pursuant to these Terms of Use at the email or other addresses set forth in your contact information. You are obliged to notify AGS of any updates or changes to any contact or other registration information that you provide in connection with your use of the Site.

COMMUNICATING WITH THE SITE.

You are solely responsible for any and all Content you transmit, distribute, post, or otherwise make available to or through the Site (“post”), including to any email addresses provided to or through the Site, or any comments, photographs, images, text, or other information communicated to the Site (collectively, “Communications”). AGS does not endorse or accept any Communications as its own or representative of its views. By emailing or posting Communications through the Site, you grant AGS a perpetual, irrevocable worldwide, non-exclusive, royalty-free, sublicensable and transferable license to publish and display such Communications through the Site and to reproduce, distribute, transmit, use, archive, and prepare derivative works of such Communications in connection with the Site and AGS’s business, including, without limitation, to transmit and distribute such Communications to third-party web sites, and to use such Communications for promotional and marketing purposes. You further grant to each user of the Site, including any registered user or other member of the public, a nonexclusive, royalty-free license to access and view your Communications through the Site, and to use, reproduce, distribute, display, broadcast and perform the Content in such Communications as permitted in connection with the Site, including as subject to these Terms of Use.

You represent and warrant that your Communications contain no confidential or proprietary information of yours or of any third party and that you have all necessary permissions, licenses, rights, and consents to post, upload, republish, display, distribute, or transmit your Communications.

RESTRICTIONS ON COMMUNICATIONS.

You agree not to post any Communications that violate the following restrictions. You understand that if you violate these restrictions or any other provision in these Terms of Use, AGS may terminate your access to the Site.

  • Do not promote, discuss or mention any activity that is illegal under the laws of any state in the United States or under U.S. federal law.
  • Do not post multiple ratings or reviews based on the same transaction.
  • Do not post Communications regarding the same transaction from multiple accounts.
  • Do not post ratings or reviews for any product or business in which you have a financial interest, or for any product or business of a competitor.
  • Do not post Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, pornographic, lewd, indecent, profane, racially, ethnically or otherwise objectionable, or that may invade another’s right of privacy or publicity or other personal rights.
  • Do not post Content that infringes or otherwise violates any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of AGS or any third party.

AGS cannot review all Communications made on or through the Site and AGS is not responsible for screening or otherwise monitoring content submitted by Site users, whether in advance of, or after, posting. If a visitor or user notifies AGS that any Communications do not conform to these Terms of Use, AGS may, but is not obligated to, investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Communications. AGS reserves the right, but has no obligation, liability or responsibility, to monitor the Site and edit, modify or delete any materials which AGS in its sole discretion determines to violate these Terms of Use or to be in any other way offensive, inappropriate or contrary to any AGS policy, applicable law or other regulation. You acknowledge that you have no expectation of privacy in any Communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and AGS by reason of your posting a Communication to the Site.

LAWFUL USE.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only.  The Site may be used only for lawful purposes. As one of the conditions of your use of the Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and to seek prior written permission for any uses not expressly permitted herein. In connection with your use of the Site, you agree that you will not, nor will you assist or allow others to, directly or indirectly:

  • Delete any author attributions, legal notices or proprietary designations or labels on Content that you upload to the Site.
  • Provide any false or intentionally inaccurate or misleading information when registering for or using the Site, including impersonation of any person or entity and misrepresenting your affiliation with a person or entity.
  • Post any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, such as opinions or notices, commercial or otherwise.
  • Modify, delete, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content that is accessible or available through use of the Site, except as expressly permitted under these Terms of Use.
  • Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Site for any unlawful purpose.
  • Access data not intended for your use or viewing, or log into an account or server which you are not authorized to access.
  • Take any action which imposes an unreasonable or disproportionately large load or burden on the Site or use the Site in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the Site, or in a manner that adversely affects the Site and/or the availability of its resources to other users including without limitation posting Communications that contain a virus, Trojan horse, or corrupted data, excessive shouting, use of all caps, overloading, mail bombing, crashing or flooding or continuous posting of repetitive text.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided on, comprising or in any way making up a part of the Site, or otherwise used in connection with the operation of the Site.
  • Attempt to probe, scan or test the vulnerability of a system or network related to the Site, or to circumvent, disable or otherwise breach any security-related features or authentication measures of the Site (including features designed to prevent or restrict use or copying of any Content) without proper authorization.
  • Collect or attempt to collect any information of other users of the Site, registered users or other members of the public without the subject’s consent, including without limitation usernames and passwords for the Site, Site account information, and personally identifiable information.

Violations of Site or network security may result in civil or criminal liability. AGS will investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 

FEEDBACK REGARDING THE SITE OR OUR BUSINESS.

You may provide suggestions, comments or other feedback on the operation of the Site or our business, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Feedback”). Such Feedback is voluntary and AGS has the perpetual right to use any or all of such Feedback for any purpose without any obligation to you of any kind, although AGS will not publicly disclose the source of such feedback.

MODIFICATIONS AND UPDATES.

AGS reserves the right to remove, change, modify or update any aspect of the Site at any time, in its sole discretion. These Terms of Use and the Privacy Policy shall apply to any such changes, modifications or updates of the Site.

THIRD PARTY SITES.

AGS may provide through the Site links or references to Internet sites maintained by third parties, or such third-party sites may have links to the AGS Site. These links and references are offered as a convenience and for informational purposes only, not as referrals or endorsements by AGS. AGS does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites. AGS assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, intellectual property compliance, privacy policies or practices of such third-party sites.

AFFILIATE LINKS

From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.

As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.  The Company will inform you when one of the links constitutes an affiliate link.

You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.

NO ENDORSEMENTS

From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert. 

LINKS TO THIRD PARTY WEBSITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY OR AFFILIATION WITH AGENT GRAD SCHOOL, LLC. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES.  AGS DOES NOT ENDORSE, WARRANT, GUARANTEE THE ACCURACY OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROMOTED THROUGH THE SITE BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY THIRD PARTY LICENSORS, OR REGISTERED AND NON-REGISTERED USERS OF THE SITE.

DISCLAIMER OF WARRANTIES.

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR SOLE RISK.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, AGS PROVIDES THE SITE, AND ANY CONTENT PUBLISHED THEREIN, ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS AND OTHER PARTNERS DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, ACCURACY OF DATA OR CONTENT, DATA OR CONTENT SECURITY, AND ADEQUACY FOR ANY PARTICULAR USE, FUNCTIONALITY OR PRODUCTIVENESS, REGARDING THE SITE, ITS CONTENT, OR ANY THIRD PARTY WEB SITES (AND THEIR RESPECTIVE CONTENT) LINKED TO THE SITE. NOTHING IN THESE TERMS OF USE WILL IMPLY THAT ANY COMMUNICATIONS PROVIDED TO OR THROUGH THE SITE OR THIRD PARTY WEB SITES (THROUGH LINKS PROVIDED THROUGH THE SITE) WILL BE ACCURATE OR SECURE, THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME. YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE SITE, RESULTS OBTAINED, AND PERFORMANCE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF USE.

THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL, PHOTOGRAPHIC, TECHNICAL, OR PRICING ERRORS LISTED ON OUR SITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE, AND TO THE PRODUCTS AND PROGRAMS DESCRIBED IN SUCH INFORMATION, AT ANY TIME WITHOUT NOTICE AS DESCRIBED ABOVE IN MODIFICATIONS AND UPDATES.

LIMITATIONS OF LIABILITY.

IN NO EVENT SHALL AGS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGS, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ERRORS, MISTAKES OR INACCURACIES IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, UNAUTHORIZED ACCESS TO THE SITE OR TO PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS, ANY INTERRUPTION OR TERMINATION OF THE SITE OR YOUR ACCESS TO THE SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE TRANSMITTED BY OR THROUGH THE SITE OR ANY THIRD PARTY WEB SITE LINKED THROUGH THE SITE, ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL IN RESPECT OF THE SITE OR THE USE THEREOF.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL. 

YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS SITE AND YOU ACKNOWLEDGE THAT AGS SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE SITE, OR COMMUNICATIONS posted to THE SITE, FOR ANY REASON WHATSOEVER.

IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ANY CONTENT PROVIDED THROUGH THE SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND CONTENT.

The Site is controlled and offered from AGS’s facilities in the United States. AGS makes no representation that the Site is appropriate or available in other locations.   If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly agree that your personal data may be transferred to and processed in the United States.  

INDEMNIFICATION.

You agree to defend, indemnify and hold harmless AGS, its subsidiaries, affiliates, officers, directors, shareholders, employees, suppliers, agents, co-branders and other partners from and against any and all liabilities, claims, demands, losses or expenses, including reasonable legal and accounting fees and costs, resulting or arising from: (a) your breach of these Terms of Use, including, without limitation, any representations or warranties made by you herein; (b) any action taken or permitted by you which disrupts, degrades or damages the Site, Content or related data thereon; (c) your infringement or other violation of any intellectual property right of AGS or any other person or entity; (d) any negligent, wrongful conduct, or intentional torts, by you; (e) any materials (including all Content and Communications) provided by you that is published on or through the Site or any third party web site pursuant to the rights granted to AGS hereunder; (f) your use of the Site; (g) your violation of the rights of any third party; or (h) your actual or alleged violation of any federal, state, local or foreign law, or regulations.

You agree that you will cooperate as fully and reasonably as required by AGS in the defense of any claim arising out of your use of the Site.  Notwithstanding the foregoing, AGS reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against AGS arising out of or related to your use of the Site, and in no event shall you settle any such claim without AGS’s prior written approval.

TERMINATION.

These Terms of Use are effective until terminated by AGS, which AGS may do at any time without notice for any reason. In the event of termination, you are no longer authorized to access the Site or use the Site. The applicable restrictions imposed on you with respect to material downloaded from the Site, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive such termination. 

GOVERNING LAW AND VENUE.

You agree and acknowledge that the Site shall be deemed a passive site that shall not give rise to personal jurisdiction over AGS in any jurisdiction other than the State of Washington, and that the Site shall be deemed solely located in the State of Washington.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles or conflicts of law. Any claim, cause of action or proceeding arising from these Terms of Use or the conduct of the parties hereunder shall be commenced and maintained solely in the federal or state courts of the State of Washington, to the extent such court has subject matter jurisdiction, and you irrevocably consent to personal jurisdiction and venue in any such court. 

WAIVER OF JURY TRIAL.

You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use, the Privacy Policy or the Site.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY.

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site or Our Applications infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site or an Application infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site or Our Applications are covered by the Notification, a representative list of such works on the Site/Application; (3) 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 us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has 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 (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site/Application as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Jennifer Myers, at Copyright Agent, 4701 SW Admiral Way #391, Seattle, WA 98116 ([email protected]). Any personal information you provide in your notice will be used only for purposes related to your notice.

MISCELLANEOUS.

Except as otherwise expressly provided herein, these Terms of Use, together with the Privacy Policy and any updates, modifications or amendments to same, as well as any other legal notices provided or displayed through the Site, shall constitute the entire agreement between AGS and you regarding your use of the Site. 

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Any failure by AGS to exercise or enforce any legal right or remedy set forth in these Terms of Use, or otherwise under applicable law, shall not be deemed a waiver of AGS’ rights or remedies, which shall remain available to AGS.

The rights granted to you under these Terms of Use may not be assigned to any third-party without the prior written consent of AGS, in its sole discretion. These Terms of Use shall be binding upon you, your successors and approved assignees.

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms of Use, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms of Use, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

CONTACT INFORMATION.

Should you have any questions concerning these Terms of Use, or the Privacy Policy, you may contact AGS at the following address: 4701 SW Admiral Way #391 Seattle, WA 98116, email: [email protected].