Welcome to our Web site. We have provided this Web site for your convenience to help you learn about our products and services. This page provides important information about use of this Web site and other legal matters.
Please read all of the following terms and conditions carefully before continuing. They govern your use of the AgentAcademy.com Internet Web site (the “Site”). By using this Site, you signify your acceptance of these Terms and Conditions of Use. Please be aware that they may be changed or updated at any time without prior notice. Changes are effective when posted on the Site. Please review them periodically for current information. By continuing to use the Site, you agree to any changes or updates. Additional legal notices, terms and conditions regarding specific companies within the AgentAcademy family of companies and their products and services may be found elsewhere on the Site or on such company’s own Web site, if any. Those additional legal notices, terms and conditions apply with regard to the matters specifically addressed by them. If you do not agree to these terms and conditions, do not use this Site.
This Site is owned and operated from offices in the State of California, United States of America, by Agent Academy, LLC located in San Diego, California , offering real estate brokerage educational products, services and related products and services in the United States.
The products and services described on this Site are offered by AgentAcademy. Please be aware that some products, services, product features or real estate purchasing or investment options described on this Site may not be available in your jurisdiction and generally are not available outside the United States. The laws of each country, state, or territory may differ and not all products and services are available in all locations. References to products or services unavailable in your jurisdiction do not imply that these products will be made available to you, and nothing on this Site shall be considered a solicitation to buy or an offer to sell a security, real estate or other product or service to any person in any jurisdiction where such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. your eligibility for certain products and services is subject to final determination of qualifications or other eligibility criteria and acceptance by AgentAcademy.
AGENTACADEMY REPRESENTATIVES ARE NOT AUTHORIZED, TRAINED OR PERMITTED TO PROVIDE INVESTMENT OR TRADING ADVICE OR TO SOLICIT ORDERS. AGENTACADEMY IS NOT RESPONSIBLE FOR ANY ACTIONS TAKEN AS A RESULT OF ANY FINANCIAL INVESTMENT OR ADVICE PROVIDED BY A AGENTACADEMY REPRESENTATIVE OR EMPLOYEE AS A RESULT OF COMMUNICATIONS FROM OR TO YOU VIA EMAIL, TELEPHONE OR OTHERWISE, AND SUCH INFORMATION OR ADVICE RECEIVED BY YOU SHOULD NOT BE RELIED UPON OR CONSIDERED ACCURATE FOR ANY REASON.
Grant of License
In consideration for the fees paid by you, during the Term of your Subscription Service, and/or for other good and valuable consideration, AgentAcademy grants you a single, non-exclusive, non-transferable, non-sublicensable, and limited personal non-commercial license to access and use the Software and to receive any data, information, and services provided by the Subscription Service. The Software and any data, information, and services provided by the Subscription Service are for personal, non-commercial use only. You may download or install the Software and any data, information, and services provided by the Subscription Service to as many personal computers as you wish, but you are limited to only one simultaneous login. Any copy or portion of the Software and any data, information, and services provided by the Subscription Service you access may only be accessed by you personally, via your personal user name and password. You must choose a personal user name and password for your exclusive use. You agree to provide true, accurate, current and complete information about yourself.
You agree that you shall not:
- Use, copy, modify or transfer the Software or any data or information provided by the Subscription Service, in whole or in part, including screen shots, except as provided in above without written permission from AgentAcademy;
- Decompile, disassemble or reverse engineer or otherwise attempt to derive or interfere with the code for the Software;
- Adapt, alter, or create derivative works based on the Software or Help File or any data or information provided by the Subscription Service, without written permission from AgentAcademy;
- Use the Software or any data or information provided by the Subscription Service, on any service bureau or simultaneously on more than one workstation in any interactive cable, wireless, or other network of single user computers;
- Sell, rent, lend, provide, or lease the Software, your user name or password, or any data or information provided by the Subscription Service, to or from another party;
- Use the Software or Subscription Service for non-personal, commercial purposes;
- Display, perform, or publish the Software or any data or information provided by the Subscription Service, or any portion thereof, including results of the AgentAcademy analysis, either publicly or to a third party, without written permission from AgentAcademy;
- Display, perform, or publish any results of tests run on the Software, or on any data or information provided by the Subscription Service, either publicly or to a third party, without prior and express written permission from AgentAcademy; and
- Obscure, alter, replace, or remove any trademarks, copyrights or other intellectual property notices on or associated with the Software, the Subscription Service, or any AgentAcademy web sites.
Term and Termination
This Agreement shall commence upon first installation, download, copy, or use of the Software or Subscription Service by you, whether the Software is provided as a trial copy, as a fully licensed version, or any other form. your use of any form, part, or portion of the Software or Subscription Service, whether temporary or not, is considered acceptance of this Agreement in its entirety. AgentAcademy reserves the right to increase the annual and monthly subscription fees from time to time, and to apply any new subscription fees at the time of renewal of your monthly or annual Subscription Service.
Your subscription and service will continue until canceled or terminated as provided herein. UNLESS YOU NOTIFY US THAT YOU WISH TO CANCEL THE SUBSCRIPTION SERVICE, WE WILL AUTOMATICALLY RENEW THE SUBSCRIPTION SERVICE ON A PERIODIC BASIS; INCLUDING ANY MONTHLY OR ANNUAL SUBSCRIPTIONS, AS LONG AS WE CONTINUE TO CARRY THE SUBSCRIPTION SERVICE.
Both you and AgentAcademy may cancel the Subscription Service at any time, at-will. AgentAcademy may cancel the Subscription Service without Notice to you. Upon termination by either you or AgentAcademy, AgentAcademy will promptly cancel any monthly subscription you may have on the date of expiration of the current monthly period. If you are a monthly subscriber, no refunds will be given. If you are an annual subscriber, you may receive a prorated refund for the unused portion of the annual Subscription Service, based on the date or termination. A 6% service charge will be applied to all refunds. Notification of termination by you shall be made to AgentAcademy via telephone at AgentAcademy’s then current customer service number. All telephone calls to AgentAcademy regardless of their nature may be recorded for quality assurance purposes, and you hereby consent to the recording of the same.
IF YOU TRANSFER POSSESSION OF ANY COPY OR MODIFICATION OF THE PROGRAM TO ANOTHER PARTY OR IF YOU FAIL TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT, YOUR LICENSE IS AUTOMATICALLY TERMINATED. Upon termination of this Agreement, by any party, for any reason, you agree to destroy the Software together with all copies and modifications in any form.
Limited Warranty and Representations
AgentAcademy warrants that (1) the documentation provided with the Software and any updates thereto are substantially complete and contain all the information AgentAcademy deems necessary to use the Software; (2) the Software functions substantially as described in the Help File; and (3) the media on which the Software is provided, is not defective and the Software is properly recorded upon such media.
AgentAcademy represents that it has taken reasonable precaution to ensure that to the best of AgentAcademy’s knowledge, the Software does not contain (1) any virus or similar code that may destroy, modify, alter, or cause the deliberate destruction, modification or alteration, in whole or in part, of any of your equipment, devices or the Software or (2) other computer software routine or hardware components that are designed (i) to deliberately permit unauthorized access or use by third parties of the Software installed on your equipment, (ii) to deliberately disable or damage hardware or deliberately damage, erase or delay access to software or data installed on your equipment, or (iii) to deliberately perform any other similar actions.
The sole and exclusive remedy for breach of this Limited Warranty is replacement of defective Software media. This Limited Warranty is for the duration of the subscription to the Subscription Service and is extended only to you personally.
EXCEPT AS PROVIDED ABOVE AND SUBJECT TO ANY CONTRARY PROVISIONS OF APPLICABLE STATE LAW, AGENTACADEMY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY OF THE SOFTWARE AND SUBSCRIPTION SERVICE AND ANY RELATED PRODUCTS AND SERVICES AND ANY WARRANTY COVERAGE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE OR SUBSCRIPTION SERVICE OR ANY RELATED PRODUCTS AND SERVICES. AGENTACADEMY SPECIFICALLY DISCLAIMS WARRANTY COVERAGE FOR ANY INFORMATION OR DATA PROVIDED THROUGH THE SOFTWARE. EXCEPT AS OTHERWISE PROVIDED ABOVE, THE SOFTWARE, THE DATA AND INFORMATION DOWNLOADED AND AVAILABLE PURSUANT TO THIS AGREEMENT, THE USER GUIDES OR OTHER DOCUMENTATION, AND ANY RELATED PRODUCTS AND SERVICES ARE ALL PROVIDED “AS IS.”
Limitation of Liability
IN NO EVENT WILL AGENTACADEMY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON THE SOFTWARE, SUBSCRIPTION SERVICE, AGENTACADEMY WEBSITES, DATA, INFORMATION OR RELATED PRODUCTS OR SERVICES PROVIDED BY AGENTACADEMY OR ITS EMPLOYEES OR AGENTS, EVEN IF WE ARE SOLELY NEGLIGENT. AGENTACADEMY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF AGENTACADEMY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, RESULTING FROM: (1) THE USE OF OR INABILITY TO USE THE SOFTWARE OR SUBSCRIPTION SERVICE; (i2) THE ACCURACY OF ANY DATA RELATED TO OR PROVIDED IN ASSOCIATION WITH THE SOFTWARE OR SUBSCRIPTION SERVICE, INCLUDING ANY ERRORS OR OMISSIONS CAUSED BY AGENTACADEMY’S OWN NEGLIGENCE; (3) ANY INVESTMENT OR TRADING ADVICE PROVIDED BY AGENTACADEMY EMPLOYEES OR AGENTS; (4) THE COST OF GETTING SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM OR IN RELIANCE UPON AGENTACADEMY, THE SOFTWARE, OR THE SUBSCRIPTION SERVICE; OR (5) FOR ANY OTHER CLAIM BY YOU OR ANOTHER PARTY RELATED TO THE SOFTWARE, SUBSCRIPTION SERVICE, OR ANY RELATED PRODUCTS OR SERVICES.
ALTHOUGH AGENTACADEMY TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION ON ITS WEBSITES AND THROUGH ITS SOFTWARE AND SUBSCRIPTION SERVICE, THERE MAY FROM TIME TO TIME BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS, AS WELL AS DATA AND INFORMATIONAL ERRORS. AGENTACADEMY RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME TO ANY ERRORS, WITHOUT NOTICE OR LIABILITY TO YOU OR ANY THIRD PARTY. THE INFORMATION AND DATA PROVIDED THROUGH AGENTACADEMY’S SOFTWARE, SUBSCRIPTION SERVICE, AND ANY OTHER RELATED PRODUCTS AND SERVICES, IS PROVIDED “AS-IS” AND “AS-AVAILABLE.” AGENTACADEMY DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE DATA, INFORMATION, TEXT, GRAPHICS, LINKS OR ANY OTHER ITEMS PROVIDED BY AGENTACADEMY. ALL INFORMATION AND DATA PROVIDED BY AGENTACADEMY, INCLUDING BY AGENTACADEMY REALTIME, SHOULD NEVER BE RELIED UPON BY YOU AS TIMELY, ACCURATE, OR RELIABLE. AGENTACADEMY EXPRESSLY DISCLAIMS ALL LIABILITY FOR, AND SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY FOR, ERRORS, INACCURACIES, UNRELIABILITY, OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY DATA OR INFORMATION CONTAINED IN THE SOFTWARE, THE SUBSCRIPTION SERVICE, AGENTACADEMY REALTIME, AND ANY AGENTACADEMY WEBSITES, OR OTHER PRODUCTS OR SERVICES, EVEN IF THE RESULT OF OUR NEGLIGENCE. AGENTACADEMY MAY MAKE CHANGES TO INFORMATION OR DATA AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION OR DATA PROVIDED BY AGENTACADEMY AS PART OF THE SOFTWARE OR SUBSCRIPTION SERVICE OR AS PART OF ANY OTHER RELATED PRODUCTS OR SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF AND RELIANCE ON THE SOFTWARE AND SUBSCRIPTION SERVICE OR ON ANY OTHER RELATED PRODUCTS OR SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST AGENTACADEMY FOR BREACH OF CONTRACT, BREACH OF WARRANTY (EXCEPT FOR THE LIMITED WARRANTY ABOVE), OR NEGLIGENCE, RELATED TO THE SOFTWARE, THE SUBSCRIPTION SERVICE, OR ANY RELATED PRODUCTS OR SERVICES.
IN NO EVENT SHALL AGENTACADEMY LIABILITY UNDER THIS AGREEMENT, IF ANY, EXCEED THE SUBSCRIPTION FEE PAID BY YOU FOR THE SUBSCRIPTION TERM IN WHICH THE ALLEGED EVENT CREATING LIABILITY AROSE. EXCEPT AS LIMITED OR RESTRICTED ELSEWHERE BY THIS AGREEMENT, THE PREVAILING PARTY IN ANY LITIGATION OR ARBITRATION ARISING OUT OF THIS AGREEMENT SHALL BE PAID, IN ADDITION TO ANY OTHER RELIEF, ITS REASONABLE ATTORNEYS FEES FOR SUCH LITIGATION OR ARBITRATION, BY THE NON-PREVAILING PARTY, WITHIN TEN DAYS OF THE FINAL CONCLUSION OF THE PROCEEDING.
ALL CONTENTS AND RECOMMENDATIONS ARE BASED ON DATA AND SOURCES BELIEVED TO BE RELIABLE, BUT ACCURACY AND COMPLETENESS CANNOT BE GUARANTEED. ALL SOFTWARE, SUBSCRIPTION SERVICE, INFORMATION, DATA, REPORTS AND CONTENT PROVIDED BY AGENTACADEMY ARE FOR INFORMATIONAL, EDUCATIONAL, AND/OR ENTERTAINMENT PURPOSES ONLY. NOTHING ON AGENTACADEMY’S WEBSITE, OR IN THE SOFTWARE OR AS PART OF THE SUBSCRIPTION SERVICE, IS A RECOMMENDATION, ADVICE, OR SOLICITATION TO BUY, SELL OR HOLD REAL ESTATE, STOCKS, SECURITIES, BONDS, FUTURES OR OTHER INVESTMENTS OR FINANCIAL INSTRUMENTS. YOU SHOULD NOT CONSTRUE ANY DATA OR INFORMATION PROVIDED BY AGENTACADEMY AS LEGAL, TAX, INVESTMENT, FINANCIAL OR OTHER ADVICE.
YOU AGREE THERE ARE RISKS INVOLVED IN IMPLEMENTING INVESTMENT STRATEGIES AND REAL ESTATE INVESTMENTS IN GENERAL. YOU AGREE THAT FUTURE RESULTS MAY NOT BE PROFITABLE OR EQUAL TO REPRESENTATIONS OF PAST PERFORMANCE; REAL, INDICATED OR IMPLIED. YOU ALONE ASSUME SOLE RESPONSIBILITY FOR ANY INVESTMENT DECISIONS YOU MAKE BASED ON THE SOFTWARE, THE SUBSCRIPTION SERVICE, OR ANY DATA, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY AGENTACADEMY. AGENTACADEMY, ITS EMPLOYEES, AGENTS, OR AFFILIATES ARE NOT RESPONSIBLE FOR ANY LOSSES YOU MAY INCUR AND YOU AGREE NOT TO HOLD AGENTACADEMY LIABLE OR RESPONSIBLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MAKE BASED ON DATA OR INFORMATION MADE AVAILABLE TO YOU BY AGENTACADEMY, THE SOFTWARE, THE SUBSCRIPTION SERVICE, OR ANY DATA, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY AGENTACADEMY, EVEN IF WE ARE SOLELY NEGLIGENT.
BY EXECUTING THIS AGREEMENT IN ELECTRONIC FORM YOU ARE INDICATING THAT YOUR ELECTRONIC NOTATION, SIGNATURE, OR EXECUTION OF THIS AGREEMENT INDICATES AND IS EVIDENCE OF YOUR ASSENT TO THIS AGREEMENT, AND IS SUFFICIENT TO MEET THE WRITING REQUIREMENT, INSTEAD OF A SEPARATE PAPER SIGNED BY YOU. BY EXECUTING THIS AGREEMENT IN ELECTRONIC FORM YOU ALSO AGREE TO THE STORAGE OF THIS CONSENT HEREIN, AND OF THIS AGREEMENT, AS AN ELECTRONIC RECORD, INSTEAD OF AS A PAPER RECORD. BY EXECUTING THIS AGREEMENT IN ELECTRONIC FORM YOUR CONSENT GRANTED HEREIN IS NOT A CONSENT FOR OR TO ANY OTHER MATTER OUTSIDE OF THIS AGREEMENT.
Force Majeure. AgentAcademy shall not be liable to you for any failure to perform under this Agreement, if such failure results, whether directly or indirectly, from fire, explosion, strike, freight embargo, act of God, or of the public enemy, war, civil disturbance, terrorism, act of any government, de jure or de facto, or agency or official thereof, labor shortage, transportation contingencies, unusually severe weather, default of manufacturer or a supplier as subcontractor, quarantine restrictions, epidemic, or catastrophe, or lack of timely instructions or essential information from the other party.
Forum for Disputes or Claims Related to This Agreement. Any dispute or claim raised by you arising out of or relating to this Agreement or the subject matter hereof will be submitted only to binding arbitration on a confidential basis, conducted strictly in accordance with the terms of this Agreement and the substantive law of the State of California. The arbitration venue and all related hearings will be in San Deigo, California. The parties agree that the arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association. Unless you and AgentAcademy concur in the appointment of a single arbitrator, the matter of difference shall be referred to three (3) arbitrators appointed to hear the case pursuant to the procedures set forth in the Commercial Arbitration rules of the American Arbitration Association. The arbitrators must base their decision with respect to the difference before them on the contents of this Agreement, and the decision of any two of the three arbitrators shall be binding on both you and AgentAcademy. Judgment upon the award rendered by the arbitrator(s) may be entered and enforced in any court of competent jurisdiction. Neither you or AgentAcademy will be precluded hereby from seeking equitable provisional remedies in the courts of any jurisdiction including, but not limited to, temporary restraining orders and preliminary injunctions, but such equitable remedies will not be sought to avoid or stay arbitration. YOU HEREBY AGREE AND UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO FILE A LAWSUIT AGAINST AGENTACADEMY IN A COURT OF LAW. ANY DISPUTE OR CLAIM RAISED BY AGENTACADEMY HOWEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WILL AT AGENTACADEMY’S SOLE CHOICE AND DISCRETION, EITHER BE SUBMITTED TO BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION 8.3, OR FILED AS A LAWSUIT IN THE APPROPRIATE FEDERAL OR STATE COURT. YOU HEREBY AGREE TO THIS DIFFERENCE IN THE AVAILABILITY OF AND FORUM FOR RELIEF FOR DISPUTED CLAIMS BETWEEN YOURSELF AND AGENTACADEMY, AS SET FORTH IN THIS SECTION.
Ownership and Use of Content Copyright
All of the information and content on this Site, including but not limited to all text, graphics, images, software applications and code, video, audio, and user interface design (“Content”) is the property of AgentAcademy or its affiliates, or is being used by AgentAcademy with the express permission of a licensor, and is protected by United States and foreign copyright laws and conventions. you may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Site or its Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms and Conditions. The use of the Content on any other Web site or in a networked computer environment for any purpose, or any other republication, redistribution or use of the Content, including, without limitation, framing the Content within another Web site, is expressly prohibited without the prior written permission of AgentAcademy.
Trademarks, Service Marks, and Logos
The trademarks, service marks, logos, URLs and domain names, registered or not, including without limitation AgentAcademy and Crystal Bull (“Marks”) appearing on this Site, and any other AgentAcademy Web site, are the property of AgentAcademy and other parties. you may not use, copy, download, display, transmit or modify any Mark in any way without the prior written consent of the owner of such Mark. you may not include the AgentAcademy name, any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between this Site, AgentAcademy and any other Web site, person, entity or organization.
From time to time, AgentAcademy may provide links from this Site to a non-AgentAcademy Web site or permit a link from a non-AgentAcademy Web site to this Site. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-AgentAcademy Web site or its owner. AgentAcademy does not control or review any link, and accepts no responsibility for the content, products or services provided at these linked Web sites. If you decide to access such non-AgentAcademy Web sites, you do so solely at your own risk and you should be aware that non-AgentAcademy Web Sites are governed by their own terms and conditions and privacy policies. Links to this Site may be made only with the permission of AgentAcademy. A link to this Site may be permitted in AgentAcademy’s discretion, where, without limitation, such link (a) is to this Site’s homepage, (b) clearly informs users that the link is to the AgentAcademy Web site, (c) does not imply any affiliation, endorsement, sponsorship or other relationship between the linking Web site or the Web site owner and AgentAcademy, (d) delivers this Site’s Content without framing or similar environment, and (e) maintains the integrity of this Site’s layout, content and look and feel. AgentAcademy reserves the right in its sole discretion to refuse permission or to cancel permission to link to this Site at any time.
All information submitted to AgentAcademy via this Site shall be deemed and remain the property of AgentAcademy and we shall be free to use, for any purpose, anywhere and in any format, any ideas, concepts, know-how or techniques contained in the information you may provide to AgentAcademy through this Site. AgentAcademy shall not be subject to any obligations of confidentiality regarding such information, except as specifically stated in our privacy policies, specifically agreed to or required by law. you are advised that AgentAcademy does not want you to provide and prohibits you from providing any information or materials to AgentAcademy that are defamatory, threatening, obscene, harassing, or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority.
Access and availability
No warranty or representation is made that this Site or any part or function, including without limitation any transactional function, will be available and not subject to interruption at any time.
No warranty or representation is made that any Content, service, product or function, including without limitation any downloadable files, available at this Site or any linked Web site is free of a computer virus, worm, trojan horse, timebomb or other destructive or harmful program, software, code or device which may erase, scramble, lock or disable any computer software, content or equipment or may prevent users from using a Web site or any other item of hardware or software. you should routinely scan your system and downloaded files for such disabling devices.
Third party content
From time to time AgentAcademy may provide information at this Site supplied by third parties. Any opinions, advice, statement, services, offers, or other information expressed or made available by a third party, are those of such third party and not AgentAcademy. AgentAcademy does not independently verify the information provided by third parties, does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assumes no responsibility for Content displayed on this Site that may be provided by another party.
Limitation on liability and damages
IN NO EVENT WILL AGENTACADEMY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTIONS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE OR ANY OF OUR REPRESENTATIVES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO ANY USE OF OR INABILITY TO USE THIS SITE, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, THEFT, UNAUTHORIZED ACCESS, DISCLOSURES OF COMMUNICATIONS, OR ANY FAILURE OF PERFORMANCE. Some jurisdictions do not allow limitation or exclusion of certain liabilities or damages in which event in such jurisdiction the foregoing shall apply to the maximum extent allowed by law. You are responsible for the entire cost of all servicing, repair or correction of your property or operations, including without limitation your computer, network, software or any device, required as a result of or related to using this Site. In no event shall AgentAcademy’s total liability to you for damages, losses and causes of action of any kind – whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise – exceed the amount paid by you, if any, for accessing this Site.
When you visit and navigate our site and when you communicate with us via our site, we will not collect personal information about you unless you provide us that information voluntarily. You should be aware that when you visit our Site, we collect certain information that does not identify you personally, but provides us with “usage data,” such as the number of visitors we receive, what pages are visited by a visitor or the ISPs or types of browsers most frequently used. This data helps us to analyze and improve the usefulness of the information we provide at this Site and our products and services.
AgentAcademy reserves the right to monitor any and all use of this Site in its discretion. However, unless required by law, we do not have any obligation to you to conduct such monitoring or to take any action based on any monitoring we may conduct.
You should be aware that in general information sent through the Internet is not secure. Email services that may be provided through this Site generally are not encrypted and do not provide a secure and private means of communication with us. Certain services offered on this Site do provide a secure means to communicate with us, (this is indicated by an icon that appears on your screen when you are using such a service).For certain types of communications through this Site, we may require the use of encryption technologies provided for your protection and/or require you to use user identification information (“UserID”) and passwords. You are responsible for the confidentiality and use of your UserID, password, social security number and account number. If you become aware of any loss, theft or unauthorized use of your UserID, password, social security number or account number, immediately notify AgentAcademy. While AgentAcademy may provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. Please be aware that although passwords or other security protections may be in use, AgentAcademy reserves the right to monitor any and all transmissions, stored messages and routine backup copies of communications to ensure appropriate system usage.
Miscellaneous Governing Law
The laws of the State of California govern these Terms and Conditions, without regard to its conflict of laws provisions. If you take legal action relating to these Terms and Conditions or arising out of or relating to your use of this Site, you agree to file such action only in San Diego, California and you consent to submit to the personal jurisdiction of the state and federal courts of California for the purposes of pursuing any such action. Any cause of action you may have with arising out of or related to your use of this Site must be commenced within one (1) year after the cause of action arises. AgentAcademy reserves the right to seek all remedies available at law and equity for violations of these Terms and Conditions, as well as the right to restrict access to this Site or any portion of it. AgentAcademy does not represent that the information in this Site is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. Those who access this site do so on their own initiative and are responsible for compliance with all applicable local laws.
U.S. Export Controls
Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with United States export control laws and that you will not transfer any software or other content from this Site in violation of United States export controls.
These Terms and Conditions represent the entire agreement between AgentAcademy and you relating to the subject matter herein. If any provision of these terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severed from these terms and will not affect the validity and enforceability of the remaining provisions.
Forward Looking Statements
Certain statements contained herein are statements of future expectations and other forward-looking statements that are based on management’s current view and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. Actual results, performance or events may differ materially from those in such statements due to, without limitation (i) general economic conditions, including in particular economic conditions in AgentAcademy’s core markets, (ii) performance of financial markets, including real estate markets, (iii) the frequency and severity of insured loss events, (iv) mortality and morbidity levels and trends, (v) persistency levels, (vi) interest rate levels, (vii) currency exchange rates, including the Euro – U.S. dollar exchange rate, (viii) increasing levels of competition, (ix) changes in laws and regulations, including monetary convergence and the European Monetary Union, (x) changes in the policies of central banks and/or foreign governments, and (xi) general competitive factors, in each case on a global, regional and/or national basis. AgentAcademy does not undertake any obligation to correct or update any forward-looking statements on this Site.