Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by Agent Grad School LLC (which includes AgentGradSchoo.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Agent Grad School LLC, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark Agent Grad School, Agents Who Rock, among others, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at Jennifer@AgentGradSchool.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, [INSERT COMPANY PRIVACY POLICY URL]. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated: November 10, 2015

Revised October 26, 2017 to add:

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. Any and all use of the Site is 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 perform, 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 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 – info@agentgradschool.com.

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 make purchases on 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 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 deny you 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.

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.

DISCLAIMER OF WARRANTY.

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

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. 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. AGS DOES NOT ENDORSE, WARRANT, GUARANTEE 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.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL AGS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, 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, DIRECTORS, 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.

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. Any access to the Site by you from jurisdictions other than the United States may be subject to compliance with local law, for which you are solely responsible.

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 District of Columbia, and that the Site shall be deemed solely located in the District of Columbia. These Terms of Use shall be governed by and construed in accordance with the laws of the District of Columbia 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 courts of the District of Columbia and of the United States District Court for the District of Columbia, 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.

CONTACT INFORMATION.

Should you have any questions concerning these Terms of Use, or the Privacy Policy, you may contact AGS at the following address: 1108 H Street, NE 2nd Floor, Washington, DC 20002 – email: info@agentgradschool.com

NOTIFICATION OF COPYRIGHT INFRINGEMENT.

If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may notify our designated Copyright Agent to receive notifications of claimed infringement, Jennifer Myers, at Copyright Agent, 1108 H St NE, Washington, DC 20002 (info@agentgradschool.com). 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.

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