Acceptance of Terms
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY APPLYING FOR SERVICE(S) THROUGH OUR ONLINE APPLICATION OR OTHERWISE, OR BY USING THE SERVICE(S) PROVIDED UNDER THIS AGREEMENT, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this site or any of it's related services.
AGENT BUILDER. LEAD BUYER AGREEMENT
In consideration of the mutual promises and conditions set forth in this Lead Buyer Agreement by and between Agent Builder., and the person whose name is subscribed to the Agent Builder Application ("Buyer") (agent Builder and Buyer also referred to herein individually as "party" and collectively as "parties"), the parties hereto agree to the following:
1. Agent Builder Obligations.
Agent Builder agrees to provide or perform the following:
(a) Provide leads to Buyer via email or direct post through an http or xml interface of people requesting quotes for insurance products. All leads and any and all information provided with such leads, including but not limited to any personal and contact information, shall be referred to herein collectively as "Names" and individually as "Name."
(b) To make commercially reasonable efforts not to deliver, sell or transfer any Names to any other person if Buyer has entered into an arrangement with Agent Builder.
2. Buyer's Obligations.
Buyer agrees to provide or perform the following:
(a) To pay for any and all Names sent by Agent Builder in accordance with the payment provisions set forth in this Buyer Agreement.
(b) Contact each Name within 5 business days of receiving such Name for purposes of verifying the accuracy of the information provided by Agent Builder and to provide the requested insurance quotation or mortgage rate.
(c) Contact Agent Builder within 48 Hours for lead complaint.
(d) Not to disclose, sell, transfer, assign or give any Name provided by or through Agent Builder to any other person or organization.
(e) Use Names solely for the purpose of qualifying and sending insurance quotations requested by such Names.
(f) Comply with any and all federal, state, local and industry laws, rules, regulations or requirements up to and including licenses required to sell the insurance or mortgage produced quoted by Buyer in the state(s) in which any geographic area is selected by Buyer on the Buyer Application.
(g) Provide quotes only from those companies which Buyer is authorized and/or licensed to sell insurance.
The following payment terms shall apply to Buyer's account under this Buyer Agreement:
(a) Buyer will pay in advance for leads Services (i.e., Names)
(b)(c) Buyer shall be responsible to pay all applicable sales,
(d) If Buyer's card is not successfully charged or there is a charge-back, and the amount of the price of the Names to be charged equals or exceeds the original Deposit, Buyer's account may be suspended and/or its reserved geographic areas may be forfeited, at Agent Builder sole discretion. Under such circumstances, a loss of priority on Agent Builder network may occur. When the Deposit has been successfully reestablished, Buyer's account may be reactivated, in Agent Builder' sole discretion, subject to any setup fees.
(e) If Buyer or Agent Builder terminates this Buyer Agreement or Agent Builder terminates service to Buyer, any balance owing to Agent Builder is due and payable within 5 business days from the date of such termination.
(f) Buyer shall reimburse Agent Builder for all amounts expended by Agent Builder in attempting to collect any amounts due to it by Buyer, including attorneys' fees and costs incurred in connection with such collection efforts.
(g) Buyer must notify Agent Builder within 48 Hours after Set Appointment the Name if Buyer has any dispute regarding the receipt of such Name. Buyer may not challenge the accuracy of a Name unless Buyer has contacted Agent Builder regarding the accuracy of a Name as required under Section 2(c) of this Buyer Agreement. Unless disputed within such 10-day period, the billing attributable to the Names provided by Agent Builder to Buyer will be deemed accurate, due and payable by Buyer and final.
.
(i) If Agent Builder, at its sole discretion, determines that an replacement Lead is due and owing to Buyer, Agent Builder shall credit Buyer for the Lead
4. Notice and Buyer Contact Information.
Any notice to be given under this Agreement shall be in writing, signed by the party giving such notice, and sent by U.S. certified mail, return receipt requested, postage prepaid, and addressed to such party's last known address or via facsimile. The date of such mailing or facsimile transmission shall be deemed the date of notice. Buyer consents to Agent Builder use of Buyer's contact information, including but not limited to its facsimile and e-mail address(s), to provide written notice hereunder to Buyer and to alert Buyer to other product and service offerings or other business matters.
5. Termination.
Buyer may terminate this Buyer Agreement upon at least 3 days prior written notice Agent Builder. Agent Builder reserves the right to terminate this Buyer Agreement for any or no reason without prior notice. Upon termination, any credit balance remaining from the Deposit will be used to send the remaining leads purchased by Buyer, subject to Agent Builder right to set-off any amounts owed to Agent Builder. Sections 2 through 5 and 7 through 14 of this Buyer Agreement shall survive termination hereof.
6. Scope of Use.
Subject to the terms and conditions of this Buyer Agreement, including, without limitation, Buyer's payment of all applicable fees, Agent Builder hereby grants to Buyer a limited, non-exclusive, non-assignable, non-transferable license, solely during the term of this Buyer Agreement, to access and use the Agent Builder sites located at www.agentbuilderinc.com (the "Site") remotely over the Internet, solely for Buyer's internal business purposes in connection with its use of the referral services provided by Agent Builder under this Buyer Agreement and solely using the user name and password provided to Buyer by Agent Builder. Any other commercial use or exploitation of the Site or any content, code, information, data or other materials on or through the Site is strictly prohibited. In no event shall Buyer use any trademark, trade name, service mark, icon, logo or other indicator of Agent Builder without Agent Builder advance, express, written permission in each instance. The license granted herein is granted solely to Buyer, and not, by implication or otherwise, to any parent, subsidiary or affiliate of Buyer. All rights not expressly granted hereunder are reserved to Agent Builder. Buyer shall be responsible for any access to or use of the Site by Buyer or any person or entity using a password provided by Agent Builderto Buyer, whether or not such access or use has been authorized by or on behalf of Buyer, and whether or not such person or entity is an employee or Buyer of Buyer. Buyer represents, warrants and covenants that it shall use the Site only for lawful purposes and in conformance with this Buyer Agreement and the Terms and Conditions, and that all information provided by Buyer to Agent Builder relating to this Buyer Agreement, whether via online forms or otherwise, is accurate and complete. Agent Builder shall have the right, in its sole discretion, to deactivate, change and/or delete Buyer's password(s). Agent Builder may upgrade, modify, change or enhance the Site and convert Buyer to a new version thereof at any time in its sole discretion.
7. Proprietary Rights.
As between Buyer and Agent Builder, Agent Builder owns, solely and exclusively, all rights, title and interest in and to the Site, including, but not limited to, all the content, code, information, data and other materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, information, data and other materials on the Site, including but not limited to all copyright, trademark, trade name, service mark, patent, trade secret, moral, database and other intellectual property and proprietary rights inherent therein or appurtenant thereto. In no event shall Buyer use any trademark, trade name, service mark, icon, logo or other indicator of Agent Builder or any other proprietary rights of Agent Builder without Agent Builder' advance, express, written permission in each instance.
8. Disclaimer.
BUYER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED HEREUNDER "AS IS" WITH NO WARRANTY WHATSOEVER AND THAT ITS USE OF THE SERVICES IS AT ITS OWN RISK. NEITHER AGENT BUILDER NOR ITS AFFILIATES, LICENSORS OR SUPPLIERS MAKE, AND BUYER DOES NOT RECEIVE, ANY WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. AGENT BUILDER AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT. AGENT BUILDERIS NOT INVOLVED IN THE ACTUAL TRANSACTIONS BETWEEN BUYERS AND NAMES. AS A RESULT, AGENT BUILDER HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF NAMES OR THE TRUTH OR ACCURACY THEREOF. BECAUSE USER AUTHENTICATION ON THE INTERNET IS DIFFICULT, AGENT BUILDER CANNOT AND DOES NOT CONFIRM THAT NAMES ARE WHO THEY CLAIM TO BE. BECAUSE AGENT BUILDER DOES NOT AND CANNOT BE INVOLVED IN BUYER-TO-NAME OR NAME-TO-BUYER DEALINGS OR CONTROL THE BEHAVIOR OF NAMES, IN THE EVENT BUYER HAS A DISPUTE WITH ONE OR MORE NAMES, BUYER RELEASES AGENT BUILDER (AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, BUYERS AND AFFILIATES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL, DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. BUYER IS RESPONSIBLE FOR ITS RELATIONSHIP WITH NAMES AND FOR SEEKING ANY REMEDIES AND REDRESS DIRECTLY FROM SUCH NAME IN THE EVENT OF ANY DISPUTE.
9. Limitation of Liability.
IN NO EVENT SHALL AGENT BUILDER, ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, BUYERS OR EMPLOYEES BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS OR ANTICIPATED BUSINESS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS BUYER AGREEMENT, THE SUBJECT MATTER HEREOF OR THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INFORMATION PROVIDED BY, TO OR THROUGH AGENT BUILDER, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR OTHERWISE. THE AGGREGATE LIABILITY OF AGENT BUILDER, ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, BUYERS AND EMPLOYEES, FOR ANY OTHER DAMAGES ARISING FROM OR RELATING TO THIS BUYER AGREEMENT, THE SUBJECT MATTER HEREOF, OR THE SITE OR SERVICES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY SHALL NOT EXCEED THE AMOUNTS RECEIVED BY AGENT BUILDER DIRECTLY FROM BUYER PURSUANT TO THIS BUYER AGREEMENT DURING THE CALENDAR MONTH DURING WHICH SUCH CLAIM(S) ACCRUED.
10. Indemnification.
Buyer agrees to defend, indemnify and hold harmless Agent Builder, its parent, subsidiaries, affiliates, licensees, licensors and suppliers, and their shareholders, members, partners, directors, officers, Buyers and employees (collectively, the "Indemnified Parties"), with respect to any claim, demand, cause of action, debt, liability and expense (including reasonable attorneys' fees, costs and expenses) arising from any dispute with a Name or any breach of this Buyer Agreement by Buyer, or in connection with Buyer's use or misuse of the Site or services hereunder. The Indemnified Parties reserve the right to approve Buyer's counsel to defend any such claims, which approval will not be unreasonably withheld, and to approve any settlement thereof. The Indemnified Parties also reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Buyer hereunder.
11. Assignment; No Third Party Beneficiary; Waiver.
Buyer shall not have the right to assign, sublicense or transfer this Buyer Agreement or any of its rights or obligations hereunder to any third party and any such attempted assignment, sublicense or transfer is hereby null and void. This Buyer Agreement is not intended to be enforceable against Agent Builder by any party other than Buyer, and is expressly not intended to be enforceable by any third party. No waiver of any breach or condition of this Buyer Agreement by either party shall be deemed to be a waiver of any other or subsequent breach or condition.
12. Account Access.
To access or use the Agent Builder services or to modify your account, you may be required to establish an account and obtain a login name, account number, and password. You authorize us to process any and all account transactions initiated through the use of your password. You are solely responsible for maintaining the confidentiality of your password. You must immediately notify us of any unauthorized use of your password, and you are responsible for any unauthorized activities, charges and/or liabilities made through your password. In no event will we be liable for the unauthorized use or misuse of your login name, account number, or password.
13. Buyers.
You agree that, if your Buyer, (e.g., your Primary Contact or Account Administrative Contact, Internet Service Provider, employee) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein. Your continued use of our services ratifies any unauthorized actions of your Buyer. By using your login name, account number or password, or otherwise purporting to act on your behalf, your Buyer certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement, that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your Buyer.
14. Governing Law and Venue.
This Buyer Agreement shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America applicable therein. Each of the Parties assents to the jurisdiction of the courts of the State of Illinois to hear all actions, suits and proceedings arising in connection with this Agreement.
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY APPLYING FOR SERVICE(S) THROUGH OUR ONLINE APPLICATION OR OTHERWISE, OR BY USING THE SERVICE(S) PROVIDED UNDER THIS AGREEMENT, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this site or any of it's related services.
AGENT BUILDER. LEAD BUYER AGREEMENT
In consideration of the mutual promises and conditions set forth in this Lead Buyer Agreement by and between Agent Builder., and the person whose name is subscribed to the Agent Builder Application ("Buyer") (agent Builder and Buyer also referred to herein individually as "party" and collectively as "parties"), the parties hereto agree to the following:
1. Agent Builder Obligations.
Agent Builder agrees to provide or perform the following:
(a) Provide leads to Buyer via email or direct post through an http or xml interface of people requesting quotes for insurance products. All leads and any and all information provided with such leads, including but not limited to any personal and contact information, shall be referred to herein collectively as "Names" and individually as "Name."
(b) To make commercially reasonable efforts not to deliver, sell or transfer any Names to any other person if Buyer has entered into an arrangement with Agent Builder.
2. Buyer's Obligations.
Buyer agrees to provide or perform the following:
(a) To pay for any and all Names sent by Agent Builder in accordance with the payment provisions set forth in this Buyer Agreement.
(b) Contact each Name within 5 business days of receiving such Name for purposes of verifying the accuracy of the information provided by Agent Builder and to provide the requested insurance quotation or mortgage rate.
(c) Contact Agent Builder within 48 Hours for lead complaint.
(d) Not to disclose, sell, transfer, assign or give any Name provided by or through Agent Builder to any other person or organization.
(e) Use Names solely for the purpose of qualifying and sending insurance quotations requested by such Names.
(f) Comply with any and all federal, state, local and industry laws, rules, regulations or requirements up to and including licenses required to sell the insurance or mortgage produced quoted by Buyer in the state(s) in which any geographic area is selected by Buyer on the Buyer Application.
(g) Provide quotes only from those companies which Buyer is authorized and/or licensed to sell insurance.
The following payment terms shall apply to Buyer's account under this Buyer Agreement:
(a) Buyer will pay in advance for leads Services (i.e., Names)
(b)(c) Buyer shall be responsible to pay all applicable sales,
(d) If Buyer's card is not successfully charged or there is a charge-back, and the amount of the price of the Names to be charged equals or exceeds the original Deposit, Buyer's account may be suspended and/or its reserved geographic areas may be forfeited, at Agent Builder sole discretion. Under such circumstances, a loss of priority on Agent Builder network may occur. When the Deposit has been successfully reestablished, Buyer's account may be reactivated, in Agent Builder' sole discretion, subject to any setup fees.
(e) If Buyer or Agent Builder terminates this Buyer Agreement or Agent Builder terminates service to Buyer, any balance owing to Agent Builder is due and payable within 5 business days from the date of such termination.
(f) Buyer shall reimburse Agent Builder for all amounts expended by Agent Builder in attempting to collect any amounts due to it by Buyer, including attorneys' fees and costs incurred in connection with such collection efforts.
(g) Buyer must notify Agent Builder within 48 Hours after Set Appointment the Name if Buyer has any dispute regarding the receipt of such Name. Buyer may not challenge the accuracy of a Name unless Buyer has contacted Agent Builder regarding the accuracy of a Name as required under Section 2(c) of this Buyer Agreement. Unless disputed within such 10-day period, the billing attributable to the Names provided by Agent Builder to Buyer will be deemed accurate, due and payable by Buyer and final.
.
(i) If Agent Builder, at its sole discretion, determines that an replacement Lead is due and owing to Buyer, Agent Builder shall credit Buyer for the Lead
4. Notice and Buyer Contact Information.
Any notice to be given under this Agreement shall be in writing, signed by the party giving such notice, and sent by U.S. certified mail, return receipt requested, postage prepaid, and addressed to such party's last known address or via facsimile. The date of such mailing or facsimile transmission shall be deemed the date of notice. Buyer consents to Agent Builder use of Buyer's contact information, including but not limited to its facsimile and e-mail address(s), to provide written notice hereunder to Buyer and to alert Buyer to other product and service offerings or other business matters.
5. Termination.
Buyer may terminate this Buyer Agreement upon at least 3 days prior written notice Agent Builder. Agent Builder reserves the right to terminate this Buyer Agreement for any or no reason without prior notice. Upon termination, any credit balance remaining from the Deposit will be used to send the remaining leads purchased by Buyer, subject to Agent Builder right to set-off any amounts owed to Agent Builder. Sections 2 through 5 and 7 through 14 of this Buyer Agreement shall survive termination hereof.
6. Scope of Use.
Subject to the terms and conditions of this Buyer Agreement, including, without limitation, Buyer's payment of all applicable fees, Agent Builder hereby grants to Buyer a limited, non-exclusive, non-assignable, non-transferable license, solely during the term of this Buyer Agreement, to access and use the Agent Builder sites located at www.agentbuilderinc.com (the "Site") remotely over the Internet, solely for Buyer's internal business purposes in connection with its use of the referral services provided by Agent Builder under this Buyer Agreement and solely using the user name and password provided to Buyer by Agent Builder. Any other commercial use or exploitation of the Site or any content, code, information, data or other materials on or through the Site is strictly prohibited. In no event shall Buyer use any trademark, trade name, service mark, icon, logo or other indicator of Agent Builder without Agent Builder advance, express, written permission in each instance. The license granted herein is granted solely to Buyer, and not, by implication or otherwise, to any parent, subsidiary or affiliate of Buyer. All rights not expressly granted hereunder are reserved to Agent Builder. Buyer shall be responsible for any access to or use of the Site by Buyer or any person or entity using a password provided by Agent Builderto Buyer, whether or not such access or use has been authorized by or on behalf of Buyer, and whether or not such person or entity is an employee or Buyer of Buyer. Buyer represents, warrants and covenants that it shall use the Site only for lawful purposes and in conformance with this Buyer Agreement and the Terms and Conditions, and that all information provided by Buyer to Agent Builder relating to this Buyer Agreement, whether via online forms or otherwise, is accurate and complete. Agent Builder shall have the right, in its sole discretion, to deactivate, change and/or delete Buyer's password(s). Agent Builder may upgrade, modify, change or enhance the Site and convert Buyer to a new version thereof at any time in its sole discretion.
7. Proprietary Rights.
As between Buyer and Agent Builder, Agent Builder owns, solely and exclusively, all rights, title and interest in and to the Site, including, but not limited to, all the content, code, information, data and other materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, information, data and other materials on the Site, including but not limited to all copyright, trademark, trade name, service mark, patent, trade secret, moral, database and other intellectual property and proprietary rights inherent therein or appurtenant thereto. In no event shall Buyer use any trademark, trade name, service mark, icon, logo or other indicator of Agent Builder or any other proprietary rights of Agent Builder without Agent Builder' advance, express, written permission in each instance.
8. Disclaimer.
BUYER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED HEREUNDER "AS IS" WITH NO WARRANTY WHATSOEVER AND THAT ITS USE OF THE SERVICES IS AT ITS OWN RISK. NEITHER AGENT BUILDER NOR ITS AFFILIATES, LICENSORS OR SUPPLIERS MAKE, AND BUYER DOES NOT RECEIVE, ANY WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. AGENT BUILDER AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT. AGENT BUILDERIS NOT INVOLVED IN THE ACTUAL TRANSACTIONS BETWEEN BUYERS AND NAMES. AS A RESULT, AGENT BUILDER HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF NAMES OR THE TRUTH OR ACCURACY THEREOF. BECAUSE USER AUTHENTICATION ON THE INTERNET IS DIFFICULT, AGENT BUILDER CANNOT AND DOES NOT CONFIRM THAT NAMES ARE WHO THEY CLAIM TO BE. BECAUSE AGENT BUILDER DOES NOT AND CANNOT BE INVOLVED IN BUYER-TO-NAME OR NAME-TO-BUYER DEALINGS OR CONTROL THE BEHAVIOR OF NAMES, IN THE EVENT BUYER HAS A DISPUTE WITH ONE OR MORE NAMES, BUYER RELEASES AGENT BUILDER (AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, BUYERS AND AFFILIATES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL, DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. BUYER IS RESPONSIBLE FOR ITS RELATIONSHIP WITH NAMES AND FOR SEEKING ANY REMEDIES AND REDRESS DIRECTLY FROM SUCH NAME IN THE EVENT OF ANY DISPUTE.
9. Limitation of Liability.
IN NO EVENT SHALL AGENT BUILDER, ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, BUYERS OR EMPLOYEES BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS OR ANTICIPATED BUSINESS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS BUYER AGREEMENT, THE SUBJECT MATTER HEREOF OR THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INFORMATION PROVIDED BY, TO OR THROUGH AGENT BUILDER, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR OTHERWISE. THE AGGREGATE LIABILITY OF AGENT BUILDER, ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, BUYERS AND EMPLOYEES, FOR ANY OTHER DAMAGES ARISING FROM OR RELATING TO THIS BUYER AGREEMENT, THE SUBJECT MATTER HEREOF, OR THE SITE OR SERVICES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY SHALL NOT EXCEED THE AMOUNTS RECEIVED BY AGENT BUILDER DIRECTLY FROM BUYER PURSUANT TO THIS BUYER AGREEMENT DURING THE CALENDAR MONTH DURING WHICH SUCH CLAIM(S) ACCRUED.
10. Indemnification.
Buyer agrees to defend, indemnify and hold harmless Agent Builder, its parent, subsidiaries, affiliates, licensees, licensors and suppliers, and their shareholders, members, partners, directors, officers, Buyers and employees (collectively, the "Indemnified Parties"), with respect to any claim, demand, cause of action, debt, liability and expense (including reasonable attorneys' fees, costs and expenses) arising from any dispute with a Name or any breach of this Buyer Agreement by Buyer, or in connection with Buyer's use or misuse of the Site or services hereunder. The Indemnified Parties reserve the right to approve Buyer's counsel to defend any such claims, which approval will not be unreasonably withheld, and to approve any settlement thereof. The Indemnified Parties also reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Buyer hereunder.
11. Assignment; No Third Party Beneficiary; Waiver.
Buyer shall not have the right to assign, sublicense or transfer this Buyer Agreement or any of its rights or obligations hereunder to any third party and any such attempted assignment, sublicense or transfer is hereby null and void. This Buyer Agreement is not intended to be enforceable against Agent Builder by any party other than Buyer, and is expressly not intended to be enforceable by any third party. No waiver of any breach or condition of this Buyer Agreement by either party shall be deemed to be a waiver of any other or subsequent breach or condition.
12. Account Access.
To access or use the Agent Builder services or to modify your account, you may be required to establish an account and obtain a login name, account number, and password. You authorize us to process any and all account transactions initiated through the use of your password. You are solely responsible for maintaining the confidentiality of your password. You must immediately notify us of any unauthorized use of your password, and you are responsible for any unauthorized activities, charges and/or liabilities made through your password. In no event will we be liable for the unauthorized use or misuse of your login name, account number, or password.
13. Buyers.
You agree that, if your Buyer, (e.g., your Primary Contact or Account Administrative Contact, Internet Service Provider, employee) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein. Your continued use of our services ratifies any unauthorized actions of your Buyer. By using your login name, account number or password, or otherwise purporting to act on your behalf, your Buyer certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement, that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your Buyer.
14. Governing Law and Venue.
This Buyer Agreement shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America applicable therein. Each of the Parties assents to the jurisdiction of the courts of the State of Illinois to hear all actions, suits and proceedings arising in connection with this Agreement.
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Testimonials
Top qualities: Personable , Good Value , High Integrity
Tony Bozzuto - www.bozzutoinsurance.com
“I highly Recommend Stephanie Martin and her services. I love her websites also. She can help you with a ton of things. I would call her right now, if I were you and see how she can help you with your business.”
Mark Rosenthal www.rosenthalfiles.com
“Stephanie and her associates are both hands on, pro active and results oriented. Her firm helped me with our website, www.dfrandolph.com I most definitely will keep Stephanie at my side.” top qualities: Great Results , On Time , Creative
Donald Randolph
hired Stephanie as a Business Consultant in 2009 -
Agent Builder re-designed our website. They got everything done in a matter of days. They were fast and very helpful in the design process. If you need you insurance website contact them! they are on top of everything and provide great customer service!
October 27, 2009 by Fresno Health Benefits in Fresno, CA
Top qualities: Personable , Good Value , High Integrity
Tony Bozzuto - www.bozzutoinsurance.com
“I highly Recommend Stephanie Martin and her services. I love her websites also. She can help you with a ton of things. I would call her right now, if I were you and see how she can help you with your business.”
Mark Rosenthal www.rosenthalfiles.com
“Stephanie and her associates are both hands on, pro active and results oriented. Her firm helped me with our website, www.dfrandolph.com I most definitely will keep Stephanie at my side.” top qualities: Great Results , On Time , Creative
Donald Randolph
hired Stephanie as a Business Consultant in 2009 -
Agent Builder re-designed our website. They got everything done in a matter of days. They were fast and very helpful in the design process. If you need you insurance website contact them! they are on top of everything and provide great customer service!
October 27, 2009 by Fresno Health Benefits in Fresno, CA
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Terms Of Use
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