Thank you for visiting the website of Agora Distributors, LLC (“Agora”), which includes without limitation, the home page and all other pages under the same top level domain name, and all Content (as defined herein) thereon (“Site”).
By using the Site, you automatically agree to the following terms and conditions (“Terms and Conditions”). Agora reserves the right, at its sole and absolute discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time and from time to time. You are encouraged to review the Terms and Conditions periodically to review any changes or revisions. Your use of the Site following the posting of changes to these Terms and Conditions signifies that you accept those changes or revisions.
By using our Site, you agree that the Site may contain information, software, photos, images, video, text, graphics, music, sounds, logos, data, software or other material (collectively “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed or devised. All Content is protected by law, including U.S. copyright law and international treaties.
All Content downloaded from the Site is considered licensed to you by Agora for your personal, non-commercial use, provided you also retain all copyright and other proprietary notices contained on the materials. You agree not to re-use Content from the Site. In particular, you agree not to copy, distribute, republish, reproduce, upload, post, or transmit any Content in any form or by any means, without first obtaining the written consent of Agora.
Harassment in any manner or form on the Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including but not limited to the impersonation of an Agora employee or agent, is also prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
You are entirely responsible for all Content that you post, email or otherwise transmit to the Site. Agora does not control all of the Content posted at the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that may be offensive, indecent or objectionable to you. Under no circumstances will Agora be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, including but not limited to any typographical errors, or for any loss or damage of any kind incurred as a result of the use or viewing of any Content posted, emailed or otherwise transmitted to or from the Site.
Any non-personal information, communications or material you submit to Agora at this Site, by e-mail, download, or otherwise (“Submission”), is non-confidential, and shall be deemed, and shall remain, the property of Agora. Agora is free to use and reproduce such Submission freely, and for any purpose. Specifically, Agora is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products, and any such use may be made without compensation to the person who submitted it. If Agora accepts your Submission and specifically agrees to keep it confidential or not use it, nevertheless, Agora does not waive any rights it may have to similar or related ideas previously known to Agora or developed by its employees, or obtained from sources other than you.
You further acknowledge and warrant that the Submission contains only your own material and content or material and content that you have undeniable rights to use, and that Agora’s use will not violate any third party's rights. Agora is under no obligation to use any Submission.
Agora respects the intellectual property of others, and we ask our users to do the same. Agora may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Agora has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Agora by providing the following information (as required by the Act) to our copyright agent set forth below:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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 Service Provider to locate the material;
Information reasonably sufficient to permit 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;
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
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.
Please send notice to our copyright agent:
Curtis Law LLC
4 E. Ohio Street
Chicago, IL 60611
Attention: Agora DMCA Notices
Agora is not engaged in rendering medical advice or services and information accessible on this Site is not intended to be a substitute for professional medical advice. You should always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Your physician is often in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
In an attempt to provide increased value to our visitors, Agora may choose various third party web sites to link to from our Site. However, even if the third party is affiliated with Agora, Agora has no control over these linked web sites, which each have separate privacy and data collection practices, independent of Agora. Agora has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked web sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of our Site and the links placed upon it and therefore we request feedback on not only our own Site, but for web sites we link to as well (including if a specific link does not work).
THIS SITE AND THE CONTENT THEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AGORA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AGORA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AGORA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AGORA SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AGORA DISTRIBUTORS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL AGORA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONT
RACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, AGORA’S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE.
You agree to indemnify, defend, and hold harmless Agora, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Except where prohibited by law, by using the Site you agree as follows:
Any and all disputes, claims, and causes of action arising out of or connected with these Terms and Conditions and your use of the Site shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; and
The arbitrator may, in accordance with the rules of equity, grant injunctions or other equitable relief. The decision of the arbitrator shall be final, conclusive and binding upon the parties, and a judgment may be obtained thereon in any court having jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with accessing this Site and the cost of the arbitrator, but in no event attorneys’ fees; and
Under no circumstances will any user be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of Agora Distributors, LLC and any user of the Site shall be governed by, and construed in accordance with, the laws of Illinois, without regard for conflicts of law doctrine of any jurisdiction; and
All proceedings shall take place in Illinois.