• GY Agemni (“Agemni”) is a Nevada limited liability company.
• Payment Card Industry Compliance (“PCI”) is information that can be used to identify cardholder data such as cardholder name, expiration date, or service code.
• Personal Identifiable Information (“PII”) is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in the context of the information.
• Services (“Services” or “Service”) is any service provided by Agemni now or in the future.
• Site (“Sites” or “Site”) is any domain or subdomain owned and operated by Agemni.
Changes to Service
a. If You violate any of these Terms or any of the other agreement You have entered into with Agemni, Your permission to use the Site and the Services will be terminated.
b. Agemni may suspend its Service to You at any time, with or without cause. If Agemni terminates this Agreement, You are not entitled to a refund of any fees paid, but could, at Agemni’s discretion, be liable for fees incurred or accrued by You prior to termination. Upon notice of termination by Agemni to You, You are no longer authorized to use the Service.
c. If You terminate this Agreement, with or without cause, You will remain liable for all fees incurred or accrued by You. Upon notice of termination by You to Agemni, You are no longer authorized to use the Service.
d. In the event of termination by either party, with or without cause, and pursuant to any other agreements between You and Agemni, You have the right to Your content within Your Agemni Site. You may, at Agemni’s discretion, be subject to a fee to export that content including but not limit to any outstanding payments or fees that are due.
a. Technical support is available through email (email@example.com), phone or chat Monday through Thursday 08:00 to 17:00 and Friday 08:00 to 16:30 Mountain Time; however, these times are not guaranteed. Any emergency call outside of these times are subject, at Agemni’s discretion, to additional fees.
b. You understand that Agemni can use third parties to provide the necessary resources to run the Service.
Use of the Site
a. You agree that You will only use the Services for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
b. You agree that You will not engage in any activity that interferes with or disrupts the Service or the servers and networks which are connected to the Service.
c. You agree that You will not engage in activity that generates what is considered by Agemni an abusive or excessive load on the Service.
d. You agree that You will not reproduce, copy, sell, trade, or resell the Service for any purpose without the express written permission by Agemni.
e. You understand that by using the Service You are responsible for the content that is accessible to Your users. You will make the best effort to eliminate content that Your users may find offensive, indecent, or objectionable.
f. You may send Agemni ideas or suggestions to enhance the Services. Agemni at its discretion can use those ideas or suggestions without any compensation to You unless otherwise written in a separate agreement.
a. You agree to keep Your Site login and password confidential. You are responsible for safeguarding the password that You use to access any secure areas of the Site. You agree not to disclose Your password to any third party. You agree to take sole responsibility for any activities or actions under Your password, whether or not You authorized such activities or actions. You will immediately notify Agemni of any unauthorized use of Your password.
b. For security reasons, Agemni does not have access to Your current password. Agemni can only reset Your password at Agemni’s discretion.
PII and PCI
a. You agree not to post or collect PII or PCI data in any place or field other than the fields designated in Your Site
b. You agree You are liable for any fees or fines resulting from any noncompliance to the previous sentence.
a. Agemni respects Your right to ownership of content created or stored by You. Unless otherwise specified by a supplemental agreement, You own the content created or stored by You. Agemni, unless specifically permitted by You, does not have the license to use, reproduce, adapt, modify, publish, or distribute the content created by You or stored in Your Site for Agemni’s commercial, marketing, or any similar purpose. But You hereby grant Agemni permission to access, copy, distribute, store, transmit, reformat, and display the content of Your Site solely as required for the purpose of providing the Services to You.
b. You also hereby grant Agemni permission to use Your content for any internal reason necessary to provide the Service.
Links from the Website
Disclaimer of Warranties
a. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGEMNI DOES NOT PROVIDE WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED; WITHOUT LIMITING THE FOREGOING, AGEMNI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. AGEMNI DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE SERVICE WILL BE DELIVERED UNINTERRUPTED, ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. AGEMNI IS NOT LIABLE FOR ANY DELAYS OR FAILURE IN PERFORMANCE OF ANY PART OF THE SERVICE.
b. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING DATABASE BACKUPS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH AGEMNI SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATE IN THE TERMS.
Limitation of Liability
a. To the fullest extent provided by law, in no event will Agemni or its affiliates or each of its applicable licensors, service providers, stockholders, members, directors, managers, officers, employees, agents, and advisors, be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site or the Services, any websites linked to it, any content on the Site, the Service, or such other websites, including, without limitation, any direct, indirect, special, incidental, consequential, or punitive damages, including, without limitation, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
b. To the maximum extent permitted by law, You assume full responsibility for any loss that results from Your use of the Services. Agemni will not be liable for any damages of any nature, including, without limitation, under any circumstances even if they are based on negligence, gross negligence, or Agemni has been advised of the possibility of those damages.
c. Nevertheless, if any liability is imposed upon Agemni it will not exceed the total amount of $250.00 in fees.
Applicable law and forum