Terms of Use

TheEngagents.com Terms of Use

Effective as of March 1, 2014

Web Site License

As a user of this Web Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site in accordance with these Terms of Use. TheEngagents.com may terminate this license at any time for any reason.

Limitations on Use

Use of the Content on this Web Site is limited to lawful business purposes including ordering and setting up a Engagents service agreement. You may not reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Web Site or Content without TheEngagents.com’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Web Site or its Content is prohibited.

Not Legal or Data Security Advice

Content contained on or made available through the Web Site is not intended to and does not constitute legal advice or data or cyber security advice. Any information submitted to this Web Site is treated solely in accordance with the Privacy Policy. The completeness, adequacy or currency of the Content is not warranted or guaranteed. Use of the information on the Web Site or materials linked from the Web Site is at your own risk.

Errors and Corrections

TheEngagents.com does not represent or warrant that the Web Site is error free. We will take steps to the best of our ability to correct all defects with the Web Site. TheEngagents.com does not warrant or represent that the recent breech information available on or through the Web Site will be correct, accurate, timely or otherwise reliable. TheEngagents.com may make improvements and/or changes to its features, functionality or Content at any time.

Right to Rely on Instructions

TheEngagents.com may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Web Site’s automated criteria or which is believed by TheEngagents.com’s personnel to be genuine. For any password protected areas, TheEngagents.com may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. TheEngagents.com may assume the latest email addresses and registration information on file with

TheEngagents.com are accurate and current. When programmed to do so, TheEngagents.com may take prescribed actions in the absence of receiving proper and complete contrary instructions.

Subscription

When you subscribe to our services, you will be invoiced immediately and payment terms are net 30 days from the date of the invoice and a discount is offered for using a credit card on our automated order form. Past due accounts are subject to an automatic service charge of 1.5% per month. Your subscription and service agreement is automatically renewed annually on the anniversary date of your order.

Following your order (within 2 days sooner of necessary) you will be emailed to a location where your decoy records will be available for download for 36 hours. The decoy records are the sole property of TheEngagents and are unique to your account. You are bound not to disclose the records to anyone and should only be added to databases where you want to track unauthorized use.

Your subscription allows you to use our logo, warning notices and materials including forms for as long as you have a valid subscription.

If you or we cancel your subscription, you agree to remove our decoy files from your or your client’s database and direct marketing efforts within 30 days. In addition, all use of our logo, warning notices, and other materials must cease within 30 days. Longer wind down programs can be negotiated.

You agree to provide TheEngagents.com with accurate, complete registration information. It is your responsibility to inform TheEngagents.com of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. TheEngagents.com does not permit any other person using the sections under your name or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

Third Party Content

Third party content may appear on the Web Site or may be accessible via links from the Web Site. TheEngagents.com is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of TheEngagents.com.

Links to TheEngagents.com

You may link to this site without written permission. We suggest that links go to the Home page (http://TheEngagents.com), and we ask that you carefully consider the context and section in which the link is being placed.

The website is designed so that you can freely browse the site for information without revealing personal data. Any personal information sent to our office via email, is done so at the free will of the sender.

Privacy Policy

View the Privacy Policy for this Site. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into this Agreement and subject to these terms.

Disclaimer

THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. THEENGAGENTS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THEENGAGENTS.COM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, OUT OF OR IN ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEB SITE, OR (E) YOUR USE OF EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.

Limitation on Liability

THEENGAGENTS.COM SHALL NOT BE LIABLE FOR ANY INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. THEENGAGENTS.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ATTORNEY FEES, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT.

Unlawful Activity

TheEngagents.com reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.

Severability of Provisions

These Terms of Use incorporate by reference any notices contained on the Web Site. The Terms of Use constitute the entire agreement with respect to access to and use of the Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Remedies for Violations

TheEngagents.com reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to TheEngagents.com’s Web Site and its features.

Injunctive Relief

If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining you from further mischief.

Force Majeure

TheEngagents.com is not responsible for any delay or failure in performance of the web site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.

Governing Law

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF CALIFORNIA (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don’t win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).

Intellectual Property Rights

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Miscellaneous

This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Web Site. Your continued use of this web site after the effective date of such amendment will constitute your acceptance of it. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.

Intellectual Property – Permitted Uses and Restrictions on Use

TheEngagents.com Web Site is protected by copyright law. Copyright © 2014 TheEngagents.com. All rights reserved.
Access to and use of the TheEngagents.com Web Site services is provided subject to Terms of Use.

Trademarks

Nothing contained on this site should be construed as granting any license or right to use any Trademark displayed on this site other than as mentioned above without the express written permission of TheEngagents.com or such third party that may own the Trademark.

Refund Policy

TheEngagents.com’s goal is to provide you with excellent service. We want you to be 100% satisfied. If you are not, please contact us at +1 (925)600-1001 or using our Contact Us form.

Please note any refund request must be made within sixty (60) days of issuance of order. TheEngagents.com cannot issue refunds if such request is made over sixty (60) days.

YOUR USE OF THIS WEB SITE OR ANY SERVICES RELATED THERETO SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Contact Us

If you have any questions or suggestions regarding our Terms Of Use, please contact us using our Contact Us form.