All content provided on theagentsurvivalguide.com and forum.theagentsurvivalguide.com (here on out referred to as ASG) is for informational purposes only. ASG makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. These terms and conditions of use are subject to change at any time and without notice.
All postings shall be of an informational nature and for informational purposes only. Commercial use or any other unauthorized use of this blog is prohibited. Do not use this blog to solicit or conduct business, including the direct or indirect marketing of users' products or services in any manner, unless you have the expressed consent of ASG.
Do not post any defamatory, libelous, vulgar, obscene, abusive, profane, threatening, hateful, racially, ethnically, or otherwise offensive or illegal information or material. Do not utilize this blog in any illegal manner. Do not post any information or other material protected by copyright without the permission of the copyright owner. Do not use any words, logos or other marks that would infringe upon the trademark, service mark, certification mark, or other intellectual property rights of the owners of such marks without the permission of such owners. Do not post any confidential information or any information that would infringe upon the proprietary, privacy or personal rights of others. Do not post, upload, email or otherwise transmit any material containing software viruses or other computer code or files designed to interrupt, harm, delete, or otherwise interfere with or limit the functionality of any computer software or hardware or telecommunications equipment. Do not forge headers or otherwise manipulate identifiers in your post in an attempt to disguise, impersonate, or otherwise misrepresent your identity or affiliation with any other person or entity. You agree to indemnify and hold ASG and their subsidiaries, affiliates, officers, agents and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any party due to or arising from your use of or posting upon ASG, or your violation of any rights of another.
By entering in the forum area, you agree:
- Not to abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Not to publish, post, upload, distribute, and disseminate any inappropriate, defamatory, infringing, obscene, or unlawful material or information.
- Not to advertise to sell any goods unless there has been written consent from ASG to do so.
ASG does not control the information in the live chat area, and ASG has no obligation to monitor. However, ASG reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, for any reason whatsoever, at ASG's sole discretion. The main page chat area will be cleared periodically and done so by the sole discretion of ASG.
ASG does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any communications posted or endorse any opinions expressed. You acknowledge that any reliance on material posted will be at your own risk.
If notified by a member of communications, which allegedly do not conform to any term of this agreement, ASG may investigate the allegation and determine in good faith, and in its sole discretion, whether to remove or request the removal of the communication. ASG will have no liability or responsibility for performance or non-performance of such activities. ASG reserves the right to terminate or restrict your access to any or all of the areas at any time without notice for any reason whatsoever.
You acknowledge that all comments are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any communication. ASG does not control or endorse the content, messages or information found in any communication and, therefore, ASG specifically disclaims any liability with regard to the communications and any actions resulting from your participation in any communication. Generally, any communication which you post to the website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential.
The following Terms of Service apply to your use of this forum. You are solely responsible for your conduct and your content on the forum and compliance with these terms. By registering with us or using or browsing this forum, you acknowledge that you have read, understood, and agree to be bound by these terms. This forum is not directed to anyone younger than 18 and is offered only to users 18 years of age or older. Any person who provides their personal information through this forum represents that they are 18 years of age or older.
You agree that you will not post, email or make available any content or use this forum:
- In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
- in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
- to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this forum without authorization;
- to interfere or attempt to interfere with the proper working of this forum or prevent others from using this forum, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this forum, or that otherwise negatively affects other persons' ability to use this forum;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy this forum or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person's explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this forum or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
- Additionally, you agree not to:
- "Stalk" or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this forum or to proxy authentication credentials for any member of this forum for the purposes of automating logins to this forum;
- Post any content containing child pornography to this forum;
- Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any content that constitutes pornography, contains nudity, or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this forum - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
- Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the forum's infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this forum;
- Use this forum as a generic file hosting service;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this forum or for using it for purposes unrelated to this forum); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this forum.
To provide notice of alleged copyright infringement on this forum, please see the DMCA Notification Guidelines.
You agree not to authorize or encourage any third party to use this forum to facilitate any of the foregoing prohibited conduct. You also agree that these forum Terms of Service inure to the benefit of our service providers (including our forum platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these forum Terms of Service. Technology and hosting for aspects of this forum are provided by this forum's online service provider. However, the forum Creator of this forum controls the content, membership and policy of this forum, including those pages served by such service provider on behalf of this forum. Notwithstanding anything to the contrary, by participating on this forum you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this forum and participation with this forum.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify ASG of any unauthorized uses of your account or any other breaches of security. ASG will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
- your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ASG or otherwise.
User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, ASG has the right (though not the obligation) to, in ASG's sole discretion (i) refuse or remove any content that, in ASG's reasonable opinion, violates any ASG policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in ASG's sole discretion. ASG will have no obligation to provide a refund of any amounts previously paid.
ASG has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, ASG does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ASG disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which forum.theagentsurvivalguide.com links, and that link to forum.theagentsurvivalguide.com. ASG does not have any control over those non-forum.theagentsurvivalguide.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-forum.theagentsurvivalguide.com website or webpage, ASG does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ASG disclaims any responsibility for any harm resulting from your use of non-forum.theagentsurvivalguide.comwebsites and webpages.
As ASG asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by forum.theagentsurvivalguide.comviolates your copyright, and if this website resides in the USA, you are encouraged to notify ASG in accordance with ASG’s Digital Millennium Copyright Act ("DMCA") Policy. ASG will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ASG will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ASG or others. In the case of such termination, ASG will have no obligation to provide a refund of any amounts previously paid to ASG.
This Agreement does not transfer from ASG to you any ASG or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ASG. ASG, forum.theagentsurvivalguide.com, the forum.theagentsurvivalguide.com's logo, and all other trademarks, service marks, graphics and logos used in connection with forum.theagentsurvivalguide.com, or the Website are trademarks or registered trademarks of ASG or ASG'S licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ASG or third-party trademarks.
ASG reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade or a Services account.
ASG reserves the right to display attribution links such as ‘Powered by forum.theagentsurvivalguide.com,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the forum.theagentsurvivalguide.com toolbar may not be removed regardless of upgrades purchased.
ASG reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ASG may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
ASG may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your forum.theagentsurvivalguide.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided "as is". ASG and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ASG nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will ASG, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ASG under this agreement during the twelve (12) month period prior to the cause of action. ASG shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless ASG, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between ASG and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ASG, or by the posting by ASG of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ASG may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This document was last updated September 14, 2016.
Portions originally adapted from the WordPress Terms of Service.