Terms & Conditions
The following terms and conditions govern all use of the website and all content, services and products available at or through the website, including, but not limited to, the agency list and projects list, (taken together, the Website). The Website is owned and operated by The Agency List. ("The Agency List"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, The Agency List's Privacy Policy) and procedures that may be published from time to time on this Site by The Agency List (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Agency List, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- By submitting Content to The Agency List for inclusion on the Website, you grant The Agency List a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting.
- Without limiting any of those representations or warranties, The Agency List has the right (though not the obligation) to, in The Agency List's sole discretion (i) refuse or remove any content that, in The Agency List's reasonable opinion, violates any The Agency List 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 The Agency List's sole discretion.
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Job Posting Services.
- General Terms By submitting a job posting you agree to pay The Agency List the selected amount choosen on the job posting detail page. Payment will be charged on the day you submit the job posting for review. The term selected will commence upon approval of the job posting. The posting shall appear on the website for the selected term length.
- Refunds If for whatever reason you are unsatisfied with the performance of the job posting you purchase, or have an issue with the services provided, please feel free to contact The Agency List. A credit for another posting and/or a full refund may be issued. The Agency List reserves the right on issuing such credits or refunds. As such, The Agency List will have no obligation to provide a credit or refund.
- Copyright Infringement. As The Agency List 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 theagencylist.net violates your copyright, you are encouraged to notify The Agency List. The Agency List will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of The Agency List or others, The Agency List may, in its discretion, terminate or deny access to and use of the Website.
- Intellectual Property. This Agreement does not transfer from The Agency List to you any The Agency List or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Agency List. 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 The Agency List or third-party trademarks.
- Changes. The Agency List 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. The Agency List 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.
- Termination. The Agency List 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 account (if you have one), you may simply discontinue using the Website. The Agency List can terminate the Website immediately as part of a general shut down of our service. 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.
- Disclaimer of Warranties. The Website is provided "as is". The Agency List 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 The Agency List nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will The Agency List, 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 or substitute products or services; (iii) for interruption of use or loss or corruption of data. The Agency List 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.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the The Agency List Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless The Agency List, 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.
- Miscellaneous. This Agreement constitutes the entire agreement between The Agency List and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Agency List, or by the posting by The Agency List 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; The Agency List 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.