Top Dollar Settlement (“TDS”) (DBA for Agile Marketing LLC) maintains this Website (“Website”) to provide general information about us. As used in these Terms and Conditions, “us”, “we”, and “our” refers to TDS and its subsidiaries and affiliates.
Access to and use of this Website is governed by the following terms and conditions (“Terms and Conditions”). By accessing and using this Website, you accept and agree to be bound by these Terms and Conditions, regardless of whether you have read through all of the applicable terms, which are subject to change and revision from time to time without notice. Any such changes will be effective immediately upon being posted to this Website. Each time you use this Website, you should review the current Terms and Conditions and all linked documents, if any. Your continued use of this Website will indicate your acceptance of the current Terms and Conditions.
Terms and Conditions
1. Contact Information
By submitting your contact information, including your name, phone number, mobile phone number, and email address, you understand that we or a related or unrelated company may contact you by email or phone to discuss your inquiry and you consent to this contact. You also understand that you may receive SMS/text messages from us about your transaction and you consent to this contact. Message and data rates may apply.
All entries made by you on this Website constitute affirmative representations by you that the information provided is true and reasonable and that no information which would materially impact the truthfulness or reasonableness of the entry has been omitted.
All content included on this Website, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is property owned or licensed to us or the owned or licensed property of Our licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on this Website is Our exclusive property and protected by U.S. and international copyright laws. we and Our licensors expressly reserve all intellectual property rights in all Content.
This Website is copyrighted and the Content hereof must not be reproduced, distributed, modified or otherwise used contrary to copyright law. You may not copy, use, distribute, or modify any of the contents of the Website for public or commercial purposes without prior written consent from Us. However, we grant you permission to make one copy of the Content on any or all pages of this Website for personal use or reference, provided you retain all of Our copyright or other proprietary notices on all such copies, and further provided that this permission shall be automatically revoked upon your violation of any of these Terms and Conditions. We do not warrant that your use of materials displayed on this Website will be free from the infringement claims of third parties.
Our name and our logo, and any other marks used on this Website to designate the origin of our information, goods or services, are our trademarks. Any other trademarks used on this Website are the property of their respective owners.
6. No Reliance
While we endeavor to keep the information on this Website up to date and accurate, we make no warranties or representations as to the currency or accuracy of any information on this Website, and you are expressly advised not to take any action, or make any decision, in reliance on any statement contained on this Website. We may not be held legally responsible for any errors or omissions in the content of this Website.
7. Disclaimer of Contract
Except for these Terms and Conditions, no statement on this Website constitutes a separate contract, a representation or warranty, an offer to enter into a contract, or an offer of employment, and no statement by us on this Website is (or shall be deemed to be) incorporated by implication, reference or otherwise into any contract, or any employment relationship, of ours. The only terms and conditions applicable to performance by us are the terms and conditions expressly stated in a separate written agreement executed by us.
8. Limitation of Liability and Disclaimer of Warranties
Your use of this Website is entirely at your own risk. Neither We, our directors, our affiliates, nor any other party involved in creating, producing or delivering this Website will be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Website, regardless of the theory or basis upon which damages are claimed. The content and functionality of this Website is provided to you AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. Some states may not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
9. Damage to Property
Electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, and their use may result in damages to the user’s systems or operations. We assume no responsibility for, and shall not be liable for any damages to your computer equipment or your software or other property, even if that is caused by your access to or use of this Website or your downloading of any materials (including any text, images, video or audio) from this Website. It is your responsibility to use appropriate measures, such as virus-detection software, to protect your information technology assets.
We reserve the right, without notice, and in our sole discretion, to terminate your use of this Website, and to block or prevent future access to and use of this Website if you violate any of these Terms and Conditions. Upon such termination, your right to use this Website will immediately cease. You agree that any termination of your access to or use of this Website may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, if any, and all related information and files associated with it, if any, and/or bar any further access to any such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to this Website.
11. No Unlawful or Prohibited Uses
This Website may only be used for lawful purposes. As a condition to your use of this Website, you warrant to us that you will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
12. Links to Third Parties’ Websites
This Website may contain links and interactive functionality interacting with the websites of third parties. We have not reviewed all of those third party websites. We are not responsible for, and have no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. The links and interactive functionality for third party websites on this Website, in no way constitute an endorsement by us of these third party websites. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
A cookie is a small data file that is placed on the hard drive of your computer when you visit a website. A “session cookie” expires immediately when you end your session (i.e., close your browser). A “persistent cookie” stores information on the hard drive so when you end your session and return to the same website at a later date, the cookie information is still available. A web beacon is a small string of code that represents a clear graphic image and is used in conjunction with a cookie.
When you visit our Website, we may use both a session and a persistent cookie. This cookie may contain information (such as a unique user ID) that is used to track your usage of our Website and in some cases, your e-mail address. A web beacon allows us to capture certain additional types of information about a visitor’s actions on a web site, such as a visitor’s cookie number, the time, date, duration and number of page views, a description of the page where the Web beacon is placed, and details about any items that were purchased.
14. Mobile Privacy
15. Referral URL Retargeting
16. Facebook Custom Audience
We may display interest-based ads to you when you are using Facebook through a tool offered by Facebook called the Custom Audience Tool. We do not share any of your personal information with Facebook. The tool lets Us convert your e-mail address to a unique number that Facebook uses to match to unique numbers Facebook generates from e-mail addresses of its users.
17. Social Media Interactions
We invite you to socialize and share your experience with Us with your friends using Social Media tools such as Facebook, Twitter, Pinterest, and Instagram. If you choose to use these tools, you may be sharing certain profile elements, including your comments. This sharing is subject to each social media program’s privacy policies.
18. Reviews, Comments, Submissions, and Other Communications
We welcome your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to this Website (“User Content”) as long as the User Content submitted by you complies with these Terms and Conditions.
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and we assume no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to us a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to us the right to include the name provided along with the User Content submitted by you; provided, however, we shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to this Website. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. We neither endorse nor are we responsible for any opinion, advice, information, or statements made by third parties. We will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions.
19. Indemnification and Defense
As a condition of the use of this Website, you agree to defend, indemnify, and hold us harmless and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of this Website, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms and Conditions.
20. Notices and Electronic Communications
Except as explicitly stated otherwise, any notices you send to us shall be sent by mail to us at Agile Marketing LLC; 529 Main Street, Suite 1M7; Charlestown, MA 02129, Attn: Legal Notices. In the case of notices we send to you, you consent to receive those notices and other communications by us posting notices on this Website, sending you an email at the email address you previously provided, or mailing a notice to you at your address previously provided. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on this Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms and Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21. Rules for Promotions
These Terms and Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and us with respect to this Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to this Website. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
23. Contact Us
If you have any concerns about us or your use of this Website, please contact us with a detailed description, and we will try to resolve it.