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Agemni Terms of Use


General

a. These Terms of Use govern Your access to and use of Agemni’s Site and Services (as defined below).

Your access to and use of the Site and the Services are expressly conditioned on Your compliance with these Terms of Use. By accessing or using the Site or the Services, You agree to be bound by these Terms of Use.
b. Your access to Agemni’s Site and Services is also governed by the Agemni Dealer Site Agreement, Agemni’s Privacy Policy, and any other agreement You have entered into with Agemni, which may include, without limitation, the Agemni Approved Integrator and API Access Agreement and the Managed Service Provider Addendum. By using Agemni’s Site and the Services, you consent to all actions taken by Agemni with respect to your information in compliance with any other agreement You have entered into with Agemni.

Modification of Terms of Use

You acknowledge and agree that Agemni may revise these Terms of Use from time to time. By continuing to access or use the Site or the Services after Agemni makes any such revision, You agree to be bound by the revised Terms of Use.

Definitions:

• GY Agemni (“Agemni”) is a Nevada limited liability company.
• Payment Card Industry Compliance (“PCI”) is information that can be used to identify cardholder data such as cardholder name, expiration date, or service code.
• Personal Identifiable Information (“PII”) is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in the context of the information.
• Services (“Services” or “Service”) is any service provided by Agemni now or in the future.
• Site (“Sites” or “Site”) is any domain or subdomain owned and operated by Agemni.
• Terms of Use (“Terms”) is this document.
• You (“You” or “Your”) is any party accessing the Services. If You are an employee or agent of a business entity the terms “You” or “Your” refer to the entity, which is bound by these Terms of Use.

Changes to Service

Agemni may stop, remove, modify, or add (permanently or temporarily) Service features. Any new, changed, or removed features are subject to the Terms. Continued use of the Services after any such changes constitutes Your consent to the changes.

Termination

a. If You violate any of these Terms or any of the other agreement You have entered into with Agemni, Your permission to use the Site and the Services will be terminated.
b. Agemni may suspend its Service to You at any time, with or without cause. If Agemni terminates this Agreement, You are not entitled to a refund of any fees paid, but could, at Agemni’s discretion, be liable for fees incurred or accrued by You prior to termination. Upon notice of termination by Agemni to You, You are no longer authorized to use the Service.
c. If You terminate this Agreement, with or without cause, You will remain liable for all fees incurred or accrued by You. Upon notice of termination by You to Agemni, You are no longer authorized to use the Service.
d. In the event of termination by either party, with or without cause, and pursuant to any other agreements between You and Agemni, You have the right to Your content within Your Agemni Site. You may, at Agemni’s discretion, be subject to a fee to export that content including but not limit to any outstanding payments or fees that are due.

Technical Support

a. Technical support is available through email (support@agemni.com), phone or chat Monday through Thursday 08:00 to 17:00 and Friday 08:00 to 16:30 Mountain Time; however, these times are not guaranteed. Any emergency call outside of these times are subject, at Agemni’s discretion, to additional fees.

b. You understand that Agemni can use third parties to provide the necessary resources to run the Service.

Use of the Site

a. You agree that You will only use the Services for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
b. You agree that You will not engage in any activity that interferes with or disrupts the Service or the servers and networks which are connected to the Service.
c. You agree that You will not engage in activity that generates what is considered by Agemni an abusive or excessive load on the Service.
d. You agree that You will not reproduce, copy, sell, trade, or resell the Service for any purpose without the express written permission by Agemni.
e. You understand that by using the Service You are responsible for the content that is accessible to Your users. You will make the best effort to eliminate content that Your users may find offensive, indecent, or objectionable.
f. You may send Agemni ideas or suggestions to enhance the Services. Agemni at its discretion can use those ideas or suggestions without any compensation to You unless otherwise written in a separate agreement.

Password

a. You agree to keep Your Site login and password confidential. You are responsible for safeguarding the password that You use to access any secure areas of the Site. You agree not to disclose Your password to any third party. You agree to take sole responsibility for any activities or actions under Your password, whether or not You authorized such activities or actions. You will immediately notify Agemni of any unauthorized use of Your password.
b. For security reasons, Agemni does not have access to Your current password. Agemni can only reset Your password at Agemni’s discretion.

PII and PCI

a. You agree not to post or collect PII or PCI data in any place or field other than the fields designated in Your Site
b. You agree You are liable for any fees or fines resulting from any noncompliance to the previous sentence.

Content Rights

a. Agemni respects Your right to ownership of content created or stored by You. Unless otherwise specified by a supplemental agreement, You own the content created or stored by You. Agemni, unless specifically permitted by You, does not have the license to use, reproduce, adapt, modify, publish, or distribute the content created by You or stored in Your Site for Agemni’s commercial, marketing, or any similar purpose. But You hereby grant Agemni permission to access, copy, distribute, store, transmit, reformat, and display the content of Your Site solely as required for the purpose of providing the Services to You.
b. You also hereby grant Agemni permission to use Your content for any internal reason necessary to provide the Service.

Trademarks

Agemni’s name, Agemni’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Agemni or its affiliates or licensors. You must not use such marks without the prior written permission of Agemni. All other names, logos, product and service names, designs, and slogans on Agemni’s site are the trademarks of their respective owners.

Links from the Website

If Agemni’s Site or Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. Agemni has no control over the contents of those sites or resources, and Agemni accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Agemni’s Site or Services, you do so entirely at your own risk and subject to the terms and conditions of use for those third-party websites.

Disclaimer of Warranties

a. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGEMNI DOES NOT PROVIDE WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED; WITHOUT LIMITING THE FOREGOING, AGEMNI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. AGEMNI DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE SERVICE WILL BE DELIVERED UNINTERRUPTED, ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. AGEMNI IS NOT LIABLE FOR ANY DELAYS OR FAILURE IN PERFORMANCE OF ANY PART OF THE SERVICE.
b. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING DATABASE BACKUPS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH AGEMNI SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATE IN THE TERMS.

Limitation of Liability

a. To the fullest extent provided by law, in no event will Agemni or its affiliates or each of its applicable licensors, service providers, stockholders, members, directors, managers, officers, employees, agents, and advisors, be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site or the Services, any websites linked to it, any content on the Site, the Service, or such other websites, including, without limitation, any direct, indirect, special, incidental, consequential, or punitive damages, including, without limitation, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
b. To the maximum extent permitted by law, You assume full responsibility for any loss that results from Your use of the Services. Agemni will not be liable for any damages of any nature, including, without limitation, under any circumstances even if they are based on negligence, gross negligence, or Agemni has been advised of the possibility of those damages.
c. Nevertheless, if any liability is imposed upon Agemni it will not exceed the total amount of $250.00 in fees.

Indemnification

You agree to indemnify, defend, and hold harmless Agemni, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service from and against all losses, expenses, damages, and costs, including, without limitation, reasonable attorneys’ fees, arising out of or in any way connected with Your access to or use of the Services or from any violation by You, or anyone using Your credentials, of these Terms of Use (including negligent or wrongful conduct).

Conflict

In the event that any of these Terms of Use conflict with any provision of other agreements that You have made with Agemni including, without limitation, the Agemni Dealer Site Agreement, Privacy Policy, Agemni Approved Integrator and API Access Agreement, and Managed Service Provider Addendum the provision that imposes the most restrictions on You and best protects Agemni’s interests shall govern.

Applicable law and forum

These Terms of Use and any action related thereto will be governed by the laws of the State of Utah without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Salt Lake County, Utah, and each of the parties hereto waives any objection to jurisdiction of and venue in such courts.

Construction

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining
provisions of these Terms of Use will remain in full force and effect. The failure of Agemni to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.