Website Terms of Service
Terms and Conditions of Use
WebAgentSolutions and its affiliates (referred
to as WebAgentSolutions) may change these terms and conditions, and you are responsible for regularly reviewing and complying with them. Your continued use of this website constitutes your agreement to all those terms and conditions.
PLEASE NOTE that this agreement contains important sections below, including a provision requiring you to litigate all disputes relating to your use of this website in Bucks County, Pennsylvania.
We may terminate your access to the website or any part of it at any time with or without notice, in our sole discretion.
You may not attempt to gain unauthorized access to the website, or computer systems or networks connected to the website, through hacking, password or data mining, or any other means to circumvent security procedure. You may not use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the website and then only as authorized by the license we provide to you below under Proprietary Rights. Unauthorized use of our website and systems, including, but not limited to, unauthorized entry into WebAgentSolutions computer networks and systems, or misuse of password is strictly prohibited. Unauthorized uses includes using the publicly available information for purposes which are (I) not authorized by this agreement, or (II) not consistent with the license set out below in the section titled Proprietary Rights.
You may not use the website in any manner that could damage, disable, overburden, or impair the website or any service we provide or interfere with any other
party's use and enjoyment of the website or any service we provide.
You are to ensure that any information you provide to us through the website will be correct and complete.
The information and materials on the website may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the website and to suspend or deny access to the website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.
Disclaimers of Warranty
WE AND OUR AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, OF ERROR-FREE OR UNINTERRUPTED SERVICES, OR THAT THE INFORMATION ON THIS WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS.
WE DO NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU, INCLUDING REGARDING (I) THE USE OF OR THE RESULTS OF ACCESS TO THE WEBSITE OR ANY DELAY OR LOSS OF OR LIMIT ON ACCESS TO OR USE OF THE WEBSITE, OR (II) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE WEBSITE. WE SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION THROUGH THE WEBSITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY. EXCEPT AS OTHERWISE REQUIRED BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR INTERNET ACCESS PROVIDER.
Limitations of Liability
IN ANY EVENT OUR COMPLETE LIABILITY (AND THAT OF ANY OF OUR AGENTS OR LICENSORS) TO YOU FOR ANY REASON IN NO EVENT CUMULATIVELY SHALL TOTAL MORE THAN $500.00.
Specifically, you represent and warrant that any content, images, graphics, code, or other materials that you may provide or upload into this website is fully owned by you, or for which you have full authority and approval from the owner of such materials, in writing, to use any such content, images, graphics, code, or other materials on your website.
You also agree and represent that it is your responsibility to promptly inform WebAgentSolutions of any changes that you may make, or intend to make to your website to ensure that any such changes are in full compliance with the terms and conditions of use set forth by WebAgentSolutions relating to your website. WebAgentSolutions reserves the right to suspend your use privileges, change any part of your website without approval and block access of any client or agent who violates these terms and this disclaimer in any manner.
All right, title and interest in the website is the exclusive property of WebAgentSolutions, except as otherwise stated. You may not access, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any part of the website, except for the purposes expressly provided herein, without our prior written approval. If you download any information or software from the website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
You have a limited, personal, non-transferable, non-exclusive license to view and copy the publicly accessible information on this website for your personal noncommercial use, and only on one computer. You are not permitted to resell or transfer any information obtained from this website to anyone else. This license can be terminated by us at any time, at which time you must destroy all copies of the licensed materials. This license is conditioned on your continued adherence to all the terms of this agreement.
WebAgentSolutions, the WebAgentSolutions logo and other WebAgentSolutions trademarks which appear on the website are trade names and trademarks of WebAgentSolutions. The names of other actual companies and third-party products or services mentioned herein are the trade names or trademarks of their owners. You may not use any trademarks for any purpose including, but not limited to, use as metatags on other sites on the World Wide Web without the prior written permission of WebAgentSolutions or the third party which owns the marks.
WebAgentSolutions respects the intellectual property of others and asks that our users do the same. It is the policy of WebAgentSolutions to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you believe that your copyrighted work is accessible on the website in a way that constitutes copyright infringement, you may notify us by providing our Copyright Agent with the following information: 1) The electronic or physical signature of the owner of the copyright or of the person authorized to act on the owners behalf; 2) Identification of the copyrighted work or other intellectual property that you claim is being infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a list of such works at that site; 3) Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; 4) identification of the URL or other specific location on the website where the material that you claim is infringing is located (please be as specific as possible); 5) your name, address, telephone number, and email address; 6) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 7) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owners behalf.
WebAgentSolutions Agent for Notice of claims
of copyright infringement on the website is: WebAgentSolutions, 196 E. Butler
Ave. Units 1 & 2, Chalfont, PA 18914, (215) 996-1390, firstname.lastname@example.org.
Use of Links
Full and Complete Agreement Regarding Website
Change of Service and Payments
A US$55.00 service fee will apply to each credit card chargeback (multiple chargebacks will each be billed $55.00 each). If a customer initiates a chargeback, then their account will be immediately suspended and the suspension will only be removed once the chargeback is reversed by the customer or the charges paid in full, including any chargeback fees. Unless the client has a cancellation ID as described below, all chargebacks will be disputed. In the case where a chargeback in not reversed, the balance of the account will be handed over to collections and all collection fees, legal fees, chargeback fees and any other fees associated to collection of the balance will be included in the total amount due.
All changes of service must be submitted to WebAgentSolutions in writing to be considered valid. This includes but is not limited to the cancellation of any products and or services and changes to billing information.
As soon as 4 new clients have signed up and remain live (paying) because of the customer, the customer's websites will be free (up to $150 per month) for as long as those 4 referrals remain live. If one referral cancels, WAS will inform the customer and will give a 30 day grace period to find another referral (to raplace the cancelled one) or to resume paying for the websites. A new client may not be referred by more then one client. The free service is only applicable to the websites and does not include any additional services that the client may have with WAS (ie. PPC, IDX etc...). There are no official policies for referrals beyond 4 live. However if more are sent WAS will be happy to consider additional incentives.
The customer will continue to be billed until the customer cancels their hosting account by email or fax. If customer wishes to cancel their services with WebAgentSolutions your request must be submitted by email to email@example.com and must be sent 21 days prior to your next billing date, otherwise the next billing will be charged and no refunds are provided. Cancellations are considered to be finalized when the client has been sent a confirmation ID. If no confirmation ID is received within 1 business day of cancelation notice, the client is responsible to follow-up with WebAgentSolutions to confirm that the cancellation request has been received and is being processed and to obtain a confirmation ID.
All rights and remedies given to WebAgentSolutions in these terms and conditions are cumulative and not exclusive of any other rights or remedies which WebAgentSolutions otherwise has at law or equity.
These terms and conditions and your rights and obligations hereunder may not be assigned by you without the prior written permission of WebAgentSolutions and shall inure to the benefit of WebAgentSolutions successors and assigns whether by merger, consolidation or otherwise. WebAgentSolutions may assign this agreement or any of its rights or obligations under these terms and conditions.
Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. A printed version of these terms and conditions shall be admissible in judicial or administrative proceedings.
Choice of Law and Personal Jurisdiction; Jury Trial
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF BUCKS, COMMONWEALTH OF PENNSYLVANIA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
I HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH THE TERMS OUTLINED IN THIS AGREEMENT PLEASE CONTACT VIA EMAIL AT SUPPORT@WEBAGENTSOLUTIONS.COM OR FAX (866) 687-4997 FOR IMMEDIATE TERMINATION OF YOUR ACCOUNT.
Change of Terms