This web site ("Web Site") is provided to you under the "Terms and Conditions"
set forth below and any amendments to them that may be posted by Agency Profit
Sharing, Inc.,
or any of its management or hired service providers from time to time
(collectively, this "Agreement"). This Agreement constitutes the entire
agreement between you and Agency Profit Sharing, Inc. and supersedes any prior
agreements between you and Agency Profit Sharing, Inc. regarding the use of this Web
Site. Listee and profit sharing agreements excluded. Please read this Agreement carefully. If you
are unwilling to accept the terms and conditions in this Agreement, we ask that
you not use the Web Site. By accessing, browsing and/or using this Web Site, you
are deemed to accept these terms and conditions and agree to be bound by this
Agreement.
Terms and Conditions
Ownership
This Web Site is owned by Agency Profit Sharing, Inc. All rights, title, and interest
to the content displayed on the Web Site, including but not limited to the Web
Site's look and feel, data, information, text, graphics, images, sound or video
materials, designs, trademarks, service marks, trade names, and URL is the
property of Agency Profit Sharing, Inc., or its respective listees, agents or third
parties.
Modifications to this Agreement
Agency Profit Sharing, Inc. may make changes to this Agreement from time to time in its
sole discretion, and will post any such changes in this section of the Web Site. Each time
changes are made to this Agreement, they will be posted in this section of the
web site.
You agree that each quarter of each year, you will review this agreement before
continuing with the use of this Web Site. Your continued use of the Web Site
following the posting of changes constitutes your acceptance of any such
changes.
Privacy
The information that we obtain through your use of the Web Site, whether through
the registration process or otherwise, is subject to our Privacy Policy. That
Privacy Policy contains terms and conditions that govern our collection and use
of the data you provide to us, including your rights relative to that
information. Please review the Privacy Policy before you use the Web Site. If
you are unwilling to accept the terms and conditions of the Privacy Policy, we
ask that you not use the Web Site.
Attorney or Law Firm Agents of
When you forward a claim to any of the Attorneys or Law Firms listed with
SuitCosts.Com, the selected Attorney or Law Firm may at its discretion utilize
the services of agents that the Attorney or Law Firm has relationships with or
will have a relationship with. As an example, an Attorney or Law
Firm may have co-counsel represent you in court. An Attorney or Law Firm's
decision to utilize the services of agents typically will not increase your cost.
No Legal Services or Attorney Client
Relationship Created
All content posted on this site is provided for informational purposes only and
does not constitute legal advice. Transmission of the information is not
intended to create, and receipt does not constitute an attorney-client
relationship with any of the attorneys or law firms listed or displayed within
this site. An attorney-client relationship will be established after a lawyer or
law firm accepts your claim for collection or other legal services.
Protection of Intellectual Property Rights
and License
You acknowledge that content available through the Web Site, including without
limitation, content in the form of text, graphics, software, music, sound,
photographs, and videos, and content provided by Agency Profit Sharing, Inc.,
suppliers, sponsors or third party advertisers ("Intellectual Property Rights"),
is protected by copyrights, trademarks, Web Site marks, patents, or other
proprietary rights and laws. Except as expressly authorized by Agency
Profit Sharing,
Inc. herein, you agree not to copy, modify, rent, lease, loan, sell, assign,
distribute, license, reverse engineer, or create derivative works based on the
Web Site or any content (including without limitation any software or
information) available through the Web Site.
You are hereby granted a nonexclusive, nontransferable, revocable, limited
license to view, reproduce, print, and distribute content retrieved from the Web
Site provided that you do not remove or obscure the copyright notice or other
notices displayed on the content. You may not reprint, modify, distribute, or
sell content retrieved from the Web Site in any way, for any commercial use
without the prior written permission of Agency Profit Sharing, Inc. Except as
expressly provided in this Agreement, nothing contained in this Agreement or on
the Web Site shall be construed as conferring any other license or right,
expressly, by implication, by estoppel or otherwise, under any of
Agency Profit Sharing, Inc.’s Intellectual Property Rights or under any third party's
Intellectual Property Rights. Any rights not expressly granted herein are
reserved.
Compliance with Laws
You agree to comply with all applicable federal, state and local laws regarding
your use of the Web Site including, without limitation, laws regarding
import/export of technical data by virtue of your online transmission.
User Conduct
You understand and agree that all text, graphics, software, music, sound,
photographs, videos, messages, posts, data, information, or other materials
("Content") are the sole responsibility of the person from whom the Content
originated. Thus, you are responsible for all Content that you disseminate or
transmit through or by means of the Web Site.
You agree that you shall not use the Web Site in any way to:
1.
post, disseminate, or transmit any Content that is unlawful, harassing,
defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or
invasive of another's privacy;
2.
post, disseminate, or transmit any Content that infringes or violates any
party's copyright, trademark, trade secret, patent, or other proprietary right,
including, but not limited to, using third party copyrighted materials, without
appropriate permission, using third party trademarks without appropriate
permission or attribution, or using or distributing third party information
(whether or not protected as a trade secret) in violation of a duty of
confidentiality;
3.
post, disseminate, or transmit any worms, viruses or other harmful,
disruptive, or destructive files, code, or programs;
4.
post, disseminate or transmit any unauthorized advertising, promotional
materials, chain letters, spam, junk mail, or any other type of unsolicited mass
e-mail to people or entities that have not agreed to be part of such mailings;
5.
impersonate any person or entity; falsely state or otherwise misrepresent
your affiliation with any person or entity; intentionally omit, delete, forge,
or misrepresent transmission information, including headers, return mailing and
Internet protocol addresses; or otherwise manipulate identifiers to disguise the
origin of any Content transmitted through the Web Site;
6.
post, disseminate or transmit any Content you do not have the right to
post, disseminate or transmit;
7.
disrupt the normal flow of dialogue or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
8.
interfere with, disrupt, or harm in any way the Web Site or servers or
networks connected to the Web Site;
9.
electronically stalk or otherwise harass another user;
10.
collect or store personal data about other users;
11.
engage in any activities that would violate the personal privacy rights
of others, including but not limited to, collecting and distributing information
about other users without their permission, except as permitted by applicable
law;
12.
use the Web Site for any illegal purpose, in violation of any applicable
laws or regulations or in violation of the rules of any other Web Sites
providers, web sites, chat rooms or the like; or
- intentionally or unintentionally violate any applicable
local, state, national or international law, or any regulations having the
force of law.
User Content
You acknowledge that Agency Profit Sharing, Inc. does not generally pre-screen
Content, but that Agency Profit Sharing, Inc. and its designees shall have the
right (but not the obligation) in their sole discretion to edit, refuse, remove,
or move any Content that is available via the Web Site. Without limiting the
foregoing, Agency Profit Sharing, Inc. and its designees shall have the right to remove any Content that
violates this Agreement or that Agency Profit Sharing, Inc. considers objectionable,
whether for legal or for other reasons. You agree that you must evaluate and
bear all risks associated with the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content. You acknowledge and
agree that Agency Profit Sharing, Inc. may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce this Agreement; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of Agency Profit Sharing, Inc., its users and the public. You
understand that the technical processing and transmission of the Web Site,
including your Content, may involve transmissions over various networks and
require changes to conform and adapt to technical requirements of connecting
networks or devices.
By posting Content to the Web Site, or by transmitting Content using the Web
Site, (1) you represent and warrant to Agency Profit Sharing, Inc. that you have all
necessary permission to post or transmit Content; and (2) you grant to
Agency Profit Sharing, Inc. a worldwide, non-exclusive, perpetual, fully sub
licensable, royalty-free right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform, and
display such Content (in whole or part) worldwide and /or to incorporate it in
other works in any form, media, or technology now known or later developed.
Storage of Content
You agree that Agency Profit Sharing, Inc. may establish, in its sole discretion and
without prior notice to you, a maximum amount of storage space for Content
maintained, disseminated, or transmitted through the Web Site. You agree that
Agency Profit Sharing, Inc. has no responsibility or liability for the deletion of or
failure to store, any messages, communications or other Content maintained,
disseminated, or transmitted through the Web Site.
Your Contact With Third Parties
Your dealings with any third parties found on or through the Web Site, including
your participation in promotions, the payment for and delivery of goods or
services if any, and any terms, conditions, warranties, or representations
associated with such dealings, are solely between you and the third party.
Agency Profit Sharing, Inc. does not make any representations or warranties with
respect to any goods or services or web sites that may be obtained from such
third parties, and you agree that Agency Profit Sharing will have no liability with respect to any
loss or damage of any kind incurred as a result of any dealings between you and
any third party, or as a result of the presence of such third parties on the Web
Site.
Links
The Web Site, or third parties on the Web Site, may provide links to other sites
and/or resources, including advertisers, over which Agency Profit Sharing, Inc.
has no control. These links are provided solely as a convenience to the user and
should not be construed as an endorsement by Agency Profit Sharing of content,
products or services on those third-party web sites. Agency Profit Sharing
makes no representations or warranties with respect to the Content, ownership or
legality of any such linked web sites. You agree that Agency Profit Sharing has no responsibility for and no
liability for the availability of such external sites or resources, or for the
Content, advertising, products or other materials available through such sites
or resources.
Disclaimer of Warranties
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AGENCY PROFIT SHARING, INC. EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
AGENCY PROFIT SHARING DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET
YOUR REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. AGENCY PROFIT
SHARING, INC. MAKES NO
WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE,
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB
SITE, AS TO THE QUALITY OF ANY WEBSITES, INFORMATION OR OTHER MATERIAL OBTAINED
BY YOU THROUGH THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL
AGENCY PROFIT SHARING, INC. BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF
PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE
SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE
RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE, (2) THE
COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEBSITES, (3) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR (5) ANY OTHER MATTER RELATING TO
THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT AGENCY PROFIT SHARING,
INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY FOR
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY
NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold harmless Agency Profit Sharing, Inc., its directors,
officers, employees, agents, co-branders, subsidiaries, listees, parents, and
affiliates, from and against any and all liability, losses, claims, demands,
disputes, damages or costs of any kind, including, without limitation,
reasonable attorneys' fees and costs of litigation, resulting from or in any way
connected with your use of the Web Site, Content you submit, post, or transmit
through the Web Site, your breach of this Agreement or your connection to the
Web Site.
Trademark Notices
You may not use or display any trademarks or service marks owned by Agency
Profit Sharing, Inc. without our prior written consent.
Copyright, Copyright Agent
Agency Profit Sharing, Inc. asks our users to respect the intellectual property of
others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512,
Agency Profit Sharing, Inc. has designated an agent to receive notices of claimed
copyright infringement. If you believe in good faith that your work has been
copied in a way that constitutes copyright infringement, please provide
Agency Profit Sharing, Inc.’s Copyright Agent the following information:
- An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has
been infringed;
- A description of where the material that you claim is
infringing is located on the Web Site;
- Your address, telephone number, and email address;
- 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;
- A statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Agency Profit Sharing, Inc. Agent for Notice of claims of copyright infringement on
its site is Barbara A. Palambo, who can be reached at:
srd@suitcosts.com or
Agency Profit Sharing, Inc.
PO Box 141006
Staten Island, NY 10314
Phone: 718 556-7749
Fax: 718 556-3766
If you believe that a notice of copyright infringement has been wrongly filed
against you and you would like to submit a counter-notification, you may file a
Counter-Notification in Response to Claim of Copyright Infringement with
Agency Profit Sharing, Inc.’s Copyright Agent.
You may want to seek independent legal counsel before filing a notification
or counter-notification.
Modification or Suspension of the Web Site
You agree that Agency Profit Sharing, Inc. may, in its sole discretion, and at any
time, discontinue, suspend, or modify its operation of this Web Site, or any
part thereof, temporarily or permanently, without notice to you, and you agree
that Agency Profit Sharing, Inc. shall not be liable for the consequences of doing so.
Termination
You agree that Agency Profit Sharing may, in its sole discretion, and at any time,
terminate your use of the Web Site, and may remove or delete any or all of your
Content within the Web Site, without prior notice to you if it determines that
you have (i) breached this Agreement or violated the Guidelines established for
the use of Agency Profit Sharing, Inc.’s site; or (ii) infringed or violated any
Intellectual Property Right of Agency Profit Sharing, Inc. or third parties; or (iii)
engaged in conduct that violates applicable law. You further agree that
Agency Profit Sharing shall not be liable to you or to any third-party for the
consequences of any termination of your use of or access to the Web Site. In the
event of any termination of your use of or access to the Web Site, you agree
that the provisions of this Agreement regarding Protection of Intellectual
Property Rights and License, Trademark Notices, Indemnification, Disclaimer or
Warranties, Limitations of Liability and Applicable Law shall survive any such
termination.
Invalid Firm:
If a Firm discontinues its collection practice, Agency Profit Sharing shall
re-forward your claim to another law firm for handling. Such forwarding
will be as binding as the original forwarding.
Severability of Agreement
If any provision of this Agreement is found by a court or other binding
authority to be invalid, you agree that every attempt shall be made to give
effect to the parties' intentions as reflected in that provision, and the
remaining provisions contained in this Agreement shall continue in full force
and effect.
Limitation of Actions Brought Against
Agency Profit Sharing, Inc.
You agree that any claim or cause of action arising out of your use of the Web
Site or the Agreement must be filed within one year after such claim or cause of
action arose or it shall forever be barred, notwithstanding any statute of
limitations or other law to the contrary. Within this period, any failure by
Agency Profit Sharing, Inc. to enforce or exercise any provision of this Agreement or
related right shall not constitute a waiver of that right or provision.
Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of
the State of New York, without giving effect to conflict of laws provisions. You
agree to submit to the personal and exclusive jurisdiction of the courts located
within the City and County of Richmond, New York.
Contact Information
If you have any questions or concerns with respect to this Agreement or the Web
Site you may contact a representative of Agency Profit Sharing, Inc. at
srd@suitcosts.com or by mail at:
Agency Profit Sharing, Inc.
PO Box 141006
Staten Island, NY 10314
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