Terms and Conditions

AGENTMETHODS.COM LEGAL TERMS - last revised May 14, 2009

Legal Terms

4SIGHT Communications, LLC ("we" or "us") thanks you for visiting our Web site, [www.agentmethods.com] (the "Site"). Your use of the Site is subject to the following Legal Terms ("Terms").

Acceptance of Terms

By using this Site, you acknowledge that you have reviewed, understood and agree to be bound all terms, conditions and notices contained in this Site, including, without limitation, these Terms and the Privacy Policy, which can be viewed at http://www.agentmethods.com/privacy_policy.html. If you do not agree to these terms, you should not use this Site. In addition, if you purchase a license to use our products or services on or through this Site, you will be bound by the terms and conditions of the applicable online license agreement, which shall control in the event of any inconsistency with these Legal Terms.

Copyright, Trademark and other Intellectual Property Rights

We or our licensors own all content contained on this Site, including, without limitation, text, graphics, logos, icons, images, video clips, and written materials, and all copyrights therein. The copying, redistribution, or modification of, or creation of derivative works based on, any portion of this Site is expressly prohibited. We or our licensors own all trademarks, service marks, logos, slogans, and names of products and services, which may not be used without the prior written authorization of the owner.

Products, Content and Features

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. All features, content, specifications, products, services, and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time.

Use of Site

You agree you will not use the Site, or any of its features, to: (a) solicit or attempt to solicit funds or advertise goods and services; (b) upload, transmit, or otherwise make available software viruses, worms, trojan horses or other harmful or disruptive code or components; (c) disrupt, interfere with or restrict the use of this Site by any other user; (d) impersonate any person or entity; (e) upload, transmit, or otherwise make available any commercial promotional materials, including without limitation, spam and chain letters; or (f) post or transmit any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action they reasonably deem necessary to cure or prevent the violation. Notwithstanding any provision in any policy on this Site to the contrary, we will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting, transmitting, uploading or otherwise making available such materials.

Compliance with Law

You agree you will not use the Site, or any of its features, to conduct any illegal activity or further any illegal purpose. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the use of any product or service purchased from this Site. By placing an order, you represent that the products and/or services ordered will be used only in a lawful manner.

Orders

The receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance of any order. We do not sell any items ordered through this Site directly to anyone whom we know to be under the age of 18. If you are under the age of 18, you should not use this Site to submit orders or purchase any items.

Disclaimers/Liability Limitations

WE ASSUME NO LIABILITY FOR ERRORS OR OMISSIONS ON THE SITE. WE DO NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THE SITE. WE MAKE NO REPRESENTATIONS REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, ACCURACY, OR TIMELINESS OF THE SITE AND ITS CONTENTS, AND MAKE NO COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS. TO THE EXTENT PERMITTED BY LAW, ALL INFORMATION CONTAINED ON THE SITE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE, OUR PARENT AND AFFILIATES, OUR BUSINESS PARTNERS, AND EACH OF THEIR EMPLOYEES, OFFICERS, CONTRACTORS, AGENTS, SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO USE THE SITE. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. THE FOREGOING EXCLUSIONS AND LIMITATIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS

Links to Other Sites

This Site may contain links other Web sites, either owned or operated by us or by third parties. We do not control and are not responsible for the content of third-party Web sites. Inclusion of any link does not imply endorsement by us. For our policy regarding privacy issues related to third-party Web sites, please visit http://www.agentmethods.com/privacy_policy.html.

Linking to this Site

Creating or maintaining any link from another Web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rules, and regulations.

User Information

Certain sections of the Site, such as message boards, may allow visitors and/or account holders to post, upload, or submit comments, suggestions, questions, ideas, concepts, know-how, techniques, or other content or information ("User Content"). You are responsible for all User Content that you submit ("Your User Content"). You represent and warrant that (a) you are 18 years of age or older; (b) you have good and legal title to and own all right, title, and interest in and to Your User Content, or have permission from the rightful owner, sufficient to grant all the license rights contained herein, and that all "moral rights" in Your User Content have been waived; (c) you have obtained legally sufficient releases from each and every third-party appearing in Your User Content, including the parent or guardian of each and every minor child depicted in Your User Content; (d) Your User Content shall not be defamatory or libelous, and shall not infringe or violate the patent, copyright, trademark, trade secret, or other intellectual property or proprietary right, including without limitation, the rights of publicity or privacy, of any third party; (e) the submission of your User Content shall not violate any applicable law, regulation, ordinance, judgment, permit, or other governmental rule or restriction or any agreement with any third party; and (f) Your User Content shall not depict nudity or violence or be obscene, vulgar, sexually explicit, illegal, harmful, threatening, abusive, harassing, humiliating, objectionable, or otherwise improper. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THESE TERMS AND CONDITIONS OR ANY OTHER POLICY APPLICABLE TO THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE'S PRIVACY POLICY, YOU ACKNOWLEDGE THAT USERS OF THE WEB SITE MAY HAVE ACCESS TO YOUR USER CONTENT AND THAT YOUR USER CONTENT WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY. We shall have no obligations to use, continue to use, return, review, respond to, link to, or post on the Web Site Your User Content. We may, but are not obligated to, monitor or review any User Content. We retain the right to remove any or all User Content at any time, including, without limitation, User Content that includes any material we deems inappropriate or unacceptable. Except as otherwise provided herein, you shall retain your ownership rights in Your User Content. Notwithstanding the foregoing, you hereby grant to us, our parent, subsidiaries and affiliates, and each of their agents, representatives, licensees, successors, and assigns (collectively, the "4SIGHT Communications Licensees"), a perpetual, irrevocable, world-wide, royalty-free, transferable and sub-licensable, non-exclusive license to use, edit, store, display, exhibit, copy, reproduce, distribute, perform, adapt, translate and prepare derivative works based on Your User Content, in whole or in part, for any purpose whatsoever, commercial or otherwise, in connection with the Site and/or the business of the 4SIGHT Communications Licensees, by any means and in any media whatsoever, now existing or hereafter devised, without notice to you and with or without attribution. You waive any right of approval with respect to the use of Your User Content by the 4SIGHT Communications Licensees. You also hereby grant users of the Site a non-exclusive license to access and view Your User Content, to the extent permitted by the Site's functionality and these Terms and Conditions. We will have no liability related to the content of Your User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. This paragraph is not intended to apply to content appearing on a Web site you obtain through this Site; such content shall be governed by the terms and conditions of the applicable online license agreement.

Governing Law

All disputes related to this Site, including, without limitation, any disputes related to these Terms, shall be governed exclusively by the laws of the United States and the internal laws of the State of Illinois, located in Cook County, Illinois, and you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts located in such state.

Termination

We reserve the right to change, suspend, cancel, or discontinue this Site, or any aspect of this Site, including any features, content, specifications, products, materials, and services described or depicted on or available through the Site, at any time without notice.

Changes to these Terms and Conditions

We reserve the right to modify these Terms without prior notice. You should check this Site periodically to see if any recent changes to these Terms have occurred. By continuing to use this Site after we post any such changes, you accept the Terms as modified.

Procedure for Copyright Infringement Claims

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. Notification must be submitted to the following Designated Agent:

Service Provider(s): AgentMethods, LLC
Name of Agent Designated to Receive Notification of Claimed Infringement: Dvora Ivankowski
Full Address of Designated Agent to Which Notification Should Be Sent: 5315 N. Clark St., #162, Chicago, IL 60640, Telephone Number of Designated Agent: (773) 388-2399
E-mail Address of Designated Agent: copyright@agentmethods.com

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.