Terms and Conditions (Member)
NOTICE OF RIGHT TO CANCEL
You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS) from the above Order Date. If you cancel, any payments made by you under the contract or sale will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to Agora Advantage, 1750 Prairie City Rd, 130-107 Folsom, CA 95630, NOT LATER THAN MIDNIGHT of the third business day following the date set forth above. Otherwise, Members of Agora Advantage may cancel their membership at any time for future monthly billing without any cancellation fees.
You may notify Agora Advantage of your cancellation request by any of the following methods:
Electronic mail: Support@AgoraAdvantage.com
I HEREBY CANCEL THIS TRANSACTION.
Member’s Signature Date: _______________
Member – photocopy or print TWO copies of this receipt. If you elect to cancel your purchase, sign and return one copy to Agora Advantage, and retain the second for your records.
Terms and Conditions
Agora Advantage, Inc. ("Agora Advantage") helps businesses research, hire, order and obtain the products and services of a variety of service providers and related professionals (collectively, “Service Providers”). The following Terms and conditions outline the terms set forth when using the Agora Advantage websites, mobile applications, and services.
1. ACCEPTANCE OF TERMS
The Agora Advantage Internet site available at www.AgoraAdvantage.com, the Agora Advantage mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including the Agora Advantage blog articles (collectively, the "Merchant Marketplace Services") are owned and operated by Agora Advantage and can only be accessed and used by you under the Terms and Conditions described below ("Terms and Conditions").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE MERCHANT MARKETPLACE OR USING ANY OF THE MERCHANT MARKETPLACE SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE MERCHANT MARKETPLACE.
2. MODIFICATIONS OF TERMS AND CONDITIONS
Agora Advantage may, in its sole discretion, modify these Terms and Conditions at any time effective upon posting the modified Terms and Conditions of and in connection with the Merchant Marketplace, with or without additional notice to you. Agora Advantage will exert reasonable effort to inform all of its Members of any such modification however, you are responsible for regularly reviewing information posted on the Merchant Marketplace to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Merchant Marketplace and to provide Agora Advantage notice of your disagreement. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS AND CONDITIONS.
3. USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms and Conditions, Agora Advantage grants authorized users a nonexclusive, nontransferable, terminable license to access and use the Merchant Marketplace for your personal use of that of a business that you own or operate. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the products or services or any of their content for any purpose except for your individual use and as described in these Terms and Conditions, without the express written consent of Agora Advantage. Agora Advantage may modify, update, suspend or discontinue the Merchant Marketplace, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Agora Advantage shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
4. MEMBER CONDUCT
As a condition of your access and use of the Merchant Marketplace and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Merchant Marketplace (collectively, the “Content”), you agree not to use the Merchant Marketplace for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably intended by Agora Advantage. By way of example, and not as a limitation, you agree not to:
a. intentionally or unintentionally violate these Terms and Conditions, other applicable agreement with Agora Advantage, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
b. use the Merchant Marketplace or its Content for any purposes not authorized by this Terms and Conditions, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, or any other form of solicitation;
c. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Merchant Marketplace for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Agora Advantage, which consent may be withheld by Agora Advantage in our sole discretion;
d. knowingly provide or submit false or misleading information;
e. use the Merchant Marketplace if you are under the age of eighteen (18);
f. attempt to gain unauthorized access to the Merchant Marketplace, other user accounts, or other computer systems or networks connected to the Merchant Marketplace;
g. use the Merchant Marketplace in any way that could interfere with the rights of Agora Advantage or the rights of other users of the Merchant Marketplace;
h. attempt to gain unauthorized access to any portion or feature of the Merchant Marketplace, or any other systems or networks connected to the Merchant Marketplace or to any server used by Agora Advantage by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Merchant Marketplace user;
i. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms and Conditions;
When using, accessing, or purchasing particular services or features of the Merchant Marketplace, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms and Conditions.
5. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Merchant Marketplace and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Agora Advantage with true, accurate, current and complete information as prompted by the Agora Advantage's registration forms, when registering for or using the Merchant Marketplace and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
6. SERVICE PROVIDERS
Agora Advantage does not guarantee the products and services offered and/or supplied by vendors in the Merchant Marketplace. You should make whatever investigation or exert other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers). Third parties and Service Providers may link or otherwise direct Internet users to our Merchant Marketplace for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Agora Advantage does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Agora Advantage's policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Agora Advantage will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Agora Advantage does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You agree that Agora Advantage is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Agora Advantage relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Agora Advantage from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Merchant Marketplace, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Agora Advantage shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Agora Advantage Merchant Marketplace.
7. HEALTH RELATED PROVIDERS
The Merchant Marketplace and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Merchant Marketplace, in our related blogs, newsletters or other marketing publications.
If you think you may have a medical emergency, call your doctor or 911 immediately. Agora Advantage does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Merchant Marketplace. Agora Advantage is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Agora Advantage, its employees and others appearing on the Merchant Marketplace at the invitation of Agora Advantage, or other visitors to the Merchant Marketplace is solely at your own risk.
All provisions of these Terms and Conditions which by their nature should survive termination shall survive the termination of your access to the Merchant Marketplace, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
8. TRADEMARKS AND COPYRIGHTS
Agora Advantage, and other Merchant Marketplace services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade names of Agora Advantage in the U.S. and/or other countries and/or the trademarks or trade names of Vendor partners to Agora Advantage. These trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all content and material made available on the Merchant Marketplace is protected by copyright law. All materials and other information on the Merchant Marketplace, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Agora Advantage and/or its licensors and are protected by all United States and international copyright laws.
9. SYSTEM UPTIME
Agora Advantage shall do all that it can to maximize ‘uptime’ usability of the Agora Advantage website and the Merchant Marketplace. However, these services may be subject to delays, limitations, failure, and other problems inherent in the use of the Internet and electronic communications. Agora Advantage is not responsible for any delays, failures or other damage resulting from such problems.
10. WARRANTIES AND DISCLAIMERS
YOU ACCESS AND USE THE MERCHANT MARKETPLACE AT YOUR OWN RISK. THE MERCHANT MARKETPLACE SEERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER AGORA ADVANTAGE NOR ITS AFFILIATES, EMPLOYEES, CERTIFIED MEMBER ADVISORS, MEMBER ADVISORS NOR VENDOR PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE MERCHANT MARKETPLACE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF AGORA ADVANTAGE, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE MERCHANT MARKETPLACE. IN NO EVENT WILL AGORA ADVANTAGE OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR VENDOR PROVIDERS BE HELD LIABLE FOR ANY ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL AGORA ADVANTAGE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE MERCHANT MARKETPLACE.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE MERCHANT MARKETPLACE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AGORA ADVANTAGE OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, AGORA ADVANTAGE DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MERCHANT MARKETPLACE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AGORA ADVANTAGE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The Merchant Marketplace may display links to other Internet sites or resources. Because Agora Advantage has no control over such sites and resources, you acknowledge and agree that Agora Advantage is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Agora Advantage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify, defend and hold harmless Agora Advantage, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms and Conditions by you; (b) any intentional or willful violation of any rights of another or harm you may have caused to another.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AGORA ADVANTAGE, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF AGORA ADVANTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE MERCHANT MARKETPLACE, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE MERCHANT MARKETPLACE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE MERCHANT MARKETPLACE; (F) ANY OTHER MATTER RELATING TO THE MERCHANT MARKETPLACE; (G) ANY BREACH OF THESE TERMS AND CONDITIONS BY AGORA ADVANTAGE OR THE FAILURE OF AGORA ADVANTAGE TO PROVIDE THE SERVICES UNDER THESE TERMS AND CONDITIONS OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT AGORA ADVANTAGE, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS AND CONDITIONS OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.
By use of the Merchant Marketplace, you consent to receive electronic communications from Agora Advantage and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Agora Advantage may communicate any notices to you under these Terms and Conditions, through electronic mail, regular mail or posting the notices on the Merchant Marketplace. All notices to Agora Advantage must be provided in writing either by sending either a letter, first class certified mail, to Agora Advantage, 1750 Prairie City Rd, Folsom, CA 95630; Attn: Member Services or by email to Support@AgoraAdvantage.com
14. ENTIRE AGREEMENT
15. GOVERNING LAW
These Terms and Conditions and the relationship between you and Agora Advantage will be governed by the laws of the State of Delaware, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Delaware and waive any defense of lack of personal jurisdiction or improper venue to a claim brought in such court, except that Agora Advantage may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Merchant Marketplace or these Terms and Conditions shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
If you breach any term of this Terms and Conditions or other agreement with Agora Advantage, Agora Advantage may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Agora Advantage's remedies are cumulative and not exclusive. Failure of Agora Advantage to exercise any remedy or enforce any portion of the Terms and Conditions at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. This Terms and Conditions is not assignable nor transferable by you except with Agora Advantage's prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of the Merchant Marketplace are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Agora Advantage as a result of these Terms and Conditions or use of the Merchant Marketplace. You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms and Conditions.
If you have any comments or questions regarding these Terms or wish to report any violation of these Terms of Service, please contact us at Support@AgoraAdvantage.com. We will address any issue as promptly and amicably as possible.