A. Template Optimizer ("TO") is owned and run by Adam Ginsberg International, Inc ("AGI"). This agreement describes the terms and conditions that govern the relationship between the You and AGI. By accepting this agreement You agree to these terms and conditions ("Terms"). AGI may, at its sole discretion, vary or modify these Terms from time to time as new services may also attract varied or modified Terms. The amended Terms will be posted in the terms section of the admin area of the TO website. Any subsequent access to, or use by You, of any of the services offered by AGI will constitute an acceptance of the modified Terms as they appear at that time. Except as specifically permitted under these Terms, these Terms cannot be amended except in writing signed by us. In this Agreement, a reference to "You" includes the purchase of the AGI services and anyone acting on your behalf or with your express or implied authority. By accepting the terms of this agreement you agree not request a credit card chargeback for your purchase of the AGI product. To cancel the service, see Section 10 of these Terms.
2. The Services
A. AGI offers an eBay listing, template and picture hosting software program which gives the user the ability to create an post items for sale on the eBay website.
B. AGI provides an exclusive opportunity to use proprietary, cutting edge technology in an effort to assist in eBay selling.
3. Software Access
A. The Service is a web based software and may be accessed from any computer anywhere in the world with a valid internet connection. AGI may immediately without notice or liability to You suspend or terminate your account, registration or access to any or all services available by AGI if You fail to abide by these Terms. If AGI suspends or terminates your account, registration or access, You must not set up any further accounts, re-register or otherwise use or access the Services.
A. Template Optimizer Basic has a monthly subscription fee of $49.95 unless otherwise agreed to with a special discounted rate at the time of sign up. This monthly subscription can be cancelled at any time with prior written notification no later than 7 days prior to the next billing cycle.
5. Your Obligations
A. You, and not AGI, are responsible for ensuring that your use of AGI services does not:
- breach, or become likely to breach, any of these Terms.
- by any means, infringe or become likely to infringe, the rights of any parties, including but not limited to copyright, patent, trademark, trade secret or any other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy.
- breach or become likely to breach any applicable laws or regulations in the United States and any other applicable countries, (including any laws relating to domain name registration, consumer protection, and trade practices/fair trading laws).
- infringe on eBay's, Amazon, and Google policies:
B. You Agree:
- not to create any websites or purchase any domains with the word "Template Optimizer" in the domain.
- you agree not to create any "Template Optimizer" review sites, blogs (including Facebook, Blogger, Twitter, etc.) or post your AGI income online in any format.
- you agree that you will not post an disparaging remarks about AGI, "Template Optimizer" online in any form
6. AGI Information and Content
A. The content and format of AGI may be changed by us at any time, without notice, in our absolute discretion.
B. AGI includes information and content provided by third parties ("Third Party Information"). AGI does not verify Third Party Information, which may not be complete, timely or accurate for your purposes. AGI makes no representation or warranty of any kind as to the accuracy, relevance, timeliness or completeness of Third Party Information, nor does AGI endorse any Third Party Information.
C. Further you agree and acknowledge that information you receive from AGI does not take into account your personal circumstances or objectives and neither AGI nor its representatives give legal, tax, accounting, business or other professional advice and that you need to seek professional advice which takes into account your personal circumstances and objectives before acting on any information you receive from AGI.
7. Confidentiality and Privacy (Your Obligations)
A. AGI / Template Optimizer members may be given access to trade secrets, copyright protected information and other confidential information and content ("Confidential Content").
B. As consideration to their being granted access to Confidential Content, you agree to keep AGI Confidential Content secret and confidential. A breach of this clause may be a breach of these Terms, and other related laws such as patent, copyright and other intellectual property laws.
C. This clause survives the termination of your membership and your agreement with AGI.
8. Fees and charges
A. AGI's software may contain additional fees as explained at the time of purchase. These fees will be contained within the specific product websites admin.
B. Unless otherwise specified in these Terms, any AGI Fees payable to us must be paid by the date requested, without deduction or off set by you. AGI may issue invoices to you electronically.
C. AGI may set off any amounts we owe to you against any amounts owing to us under or in connection with these Terms.
9. Cancellation / termination
A. You may cancel this agreement at any time prior to midnight of the third business day after the date of this agreement. There are no refunds after three business days for any reason including:
- Simply change your mind<./li>
- Feel you have made a wrong decision.
- Have a personal or family circumstance after the initial 3 business day time frame.
- You don't believe you're generating the traffic or income you expect.
- You have an issue with your eBay account.
- Request a refund after the initial 3 day cooling off period has elapsed.
B. Refund requests must be made in writing directly at http://agisupport.com. Verbal refund requests will not be accepted as valid requests. Your access to the Services will automatically terminate if any future obligations are not paid or if you breach these Terms by requesting a chargeback for any reason of any kind. Once a refund request has been made in writing, a Refund Request form will be sent and must be completed timely. Should the refund be approved, it will be provided in a timely manner.
A. By signing (either in person or via electronic) this agreement, you agree that, except as provided, any claim or dispute arising out of or in any way related to this agreement, whether past, present, or future, or any matter of fact, law, background, circumstance, or other matter of any kind whatsoever relating to this Agreement, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. You further acknowledge and agree that the sole and exclusive venue for such binding arbitration shall be Los Angeles, California. The decision by the arbitrator or arbitrators shall be final and binding on all parties and may be entered in any court of competent jurisdiction for enforcement. Such a decision shall include the payment of all fees and costs of the prevailing party. The determination for the "prevailing party" shall be made by the arbitrator or arbitrators. The Section shall not limit the right of any party to take non-judicial actions to enforce security interests of all related thereto, or take judicial actions for 1. the enforcement of arbitration decisions or 2. the protection of any party pending arbitration decisions.
11. No sublicense and Software
A. You are not permitted to sublicense or assign any licenses (the "Licenses") granted to you under the AGI Terms without our prior written consent. Under the Licenses, you acquire no rights to use or access the source code associated with any software used in connection with AGI. Title to all software associated with AGI, unless otherwise indicated, resides in the US. No right is granted to reproduce, in whole or in part, any documentation included with the software, including, without limitation for incorporation into any documentation related to the software. You acknowledge that damages at law may be an inadequate remedy and agree that AGI may enforce our rights under this agreement by any court of competent jurisdiction.
A. Your use of AGI must comply with all laws and regulations applicable.
B. You must not:
- Make any comments to any third party which defames, denigrates or disparages AGI, including its directors, officers, employees, agents, representatives, contractors, or any other person involved with AGI, in any form, including online message boards, forums or social communities such as Facebook.
- Make any statement, or permit or authorize any statement to be made, in any form, including online message boards, forums or social communities such as Facebook and Twitter, which is calculated or reasonably likely to damage the reputation or cause other damage to AGI, or AGI, including its directors, officers, employees, agents, representatives, contractors, or any other person involved with AGI
- Create or form any online group of any kind including those on Facebook or via email list.
C. If for any reason AGI is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures or other causes beyond the control of AGI (including war, riot, natural disaster, labor dispute or law taking effect after the date you enter into this agreement with us), which corrupt or affect the administration, security, fraud, integrity or proper conduct of AGI, we reserve the right in our sole discretion to cancel, terminate, modify or suspend AGI and its services.
D. These Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of these Terms.
E. If any part of these Terms is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
F. Any failure or delay by us to exercise or enforce these Terms does not waive our rights to enforce these AGI Terms.
G. These AGI Terms shall be governed by and construed in accordance with the laws of California, United States.
H. If you have any questions or feedback about AGI or these Terms, please contact http://agisupport.com
Any violation of these terms will result in temporary account suspension until such as time as is resolved. By accepting these Terms You understand that You take full responsibility for your actions. Failure to do so may result in the disabling or canceling of your account. AGI does not guarantee the performance, effectiveness or applicability of any sites listed, created or linked to AGI.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS SERVICES AND IT'S POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THIS SOFTWARE. EXAMPLES PROVIDED ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A "GET RICH SCHEME.
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS
LAST UPDATED ON October 1, 2013