Terms of Use

Last updated on October 29, 2021

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of https://www.thewagneragency.com, including all pages within this website (collectively referred to herein below as this “Website”). This Website is operated by Wagner Marketing, LLC d/b/a The Wagner Agency, a limited liability company formed in the State of Florida, USA (“us,” “we,” “our”). These Website Standard Terms And Conditions contain important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. These Terms apply to everyone, including but not limited to visitors, users, and others, who wish to access and use this Website. You do not have our permission to access or use this Website if you have any objection to any of these Website Standard Terms And Conditions. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor. Proprietary Rights Restrictions. All material on this Website, including, without limitation, all informational text, photographs, graphics, audio, video, messages, files, documents, images, or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, is owned by us or its respective affiliates or other parties that have permitted us to use their material and is protected by copyright, trademark, and other intellectual property laws. We disclaim any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than our own. Trademarks, logos, images, and service marks displayed on this Website are either our property or the property of other third parties. You agree not to display or use such marks without our or the respective owner’s prior written permission. The Materials on this Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without proper authorization. Any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any unauthorized purpose is expressly prohibited. Additionally, the use of any device, software, or routine that interferes or attempts to interfere with the proper working of this Website is expressly prohibited. The Materials on this Website are provided for lawful purposes only. Any third-party software made available for downloading, copying, or use through this Website is proprietary to the individual or entity making such software available. Unless otherwise noted, neither the title nor the intellectual property rights of the software, including all files and images contained in or generated by the software, are transferred to you. Downloading, copying or other use of such software is subject to the terms and conditions of the software licensing agreement relating to such software. You are expressly and emphatically restricted from all of the following: publishing any Website material in any media; selling, sublicensing, and/or otherwise commercializing any Website material; publicly performing and/or showing any Website material; using this Website in any way that is, or might be, damaging to this Website; using this Website in any way that impacts user access to this Website; using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website, or while using this Website; using this Website to engage in any advertising or marketing; Certain areas of this Website are restricted from access by you and we may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information. We may suspend your access to this Website for any reason. Suspension and/or termination of your usage does not affect these Website Standard Terms And Conditions. Links to Other Websites. If any link is offered connecting you to a third-party website, it is as an accommodation to you or the respective third-party website owner. Websites linked to or from this Website are not necessarily under our control, and we shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked website or any link or linking program at any time. The privacy policies and terms and conditions of linked websites may differ from ours. We do not necessarily endorse companies (or related products or services) to or from which this Website is linked. Also, the existence of a link does not constitute a relationship between us and the owner of the linked website. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk. User Content. In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. We reserve the right to remove any of Your Content from this Website at any time, and for any reason, without notice. We may monitor or review discussions, chats, postings, blogs, and other user-created content on this Website. We do not assume liability or responsibility for such content nor any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained within. You are prohibited from transmitting or posting unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, infringe upon the intellectual property, or other rights of third parties, give rise to civil liability or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity of anyone posting such material. Unsolicited Ideas. Please note that our policy is not to accept or consider unsolicited creative, production-related, or other materials of any kind. We develop the concepts and ideas for use in advertising, promotion, and public relations to promote the products and services of our clients. We will not consider suggestions or ideas submitted to us without solicitation because of the potential misunderstandings that may result. If, despite this statement, you choose to submit unsolicited creative, production-related, or other materials of any kind, please be advised that all such remarks, suggestions, ideas, graphics, or other information communicated to us through this Website (together, “Submission”) will be subject to the following terms: We will not be required to treat any Submission as confidential and will not be liable for using any ideas for our business (including, without limitation, product or advertising ideas for our clients) and will not incur any liability as a result of any similarities that may appear in our future operations or work and the use of any Submission for any purpose will be without compensation to you or any other person sending the Submission. Purchases Made on This Website When you make a purchase on this Website, you will be using a third-party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing, or security of your billing information by any third-party payment processors. You hereby represent and warrant that you have the legal right to use the payment method in connection with any purchase and that the information that you supply to us and to the third-party payment processor is true, correct, and complete. Offers and pricing. We offer marketing, advertising, and consulting services, and digital products on this Website. The price of these services and digital products can be found listed on this Website. Prices do not include taxes or other fees that you may be charged. Subscriptions. This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is one (1) year or one (1) month. WE DO NOT OFFER THE OPTION TO REVOKE YOUR SUBSCRIPTION SHORTLY AFTER MAKING YOUR PURCHASE. THERE IS NO MINIMUM PURCHASE REQUIRED TO QUALIFY FOR THE SUBSCRIPTION. AUTOMATIC RENEWALS OF SUBSCRIPTIONS. WHEN YOU PURCHASE A SUBSCRIPTION ON THE WEBSITE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH YEAR OR EACH MONTH. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION. YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA THE FOLLOWING MEANS: ??? PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE. THE CANCELLATION OF THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION WILL BECOME EFFECTIVE IMMEDIATELY UPON YOU CONTACTING US. Accounts. When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us or through their account on the Website. Remedies. You agree that the remedies for breach of these Website Standard Terms And Conditions as it relates to your purchase shall be: price reduction; reject the goods, services, or digital products. You also agree that the remedy for breach of these Website Standard Terms And Conditions as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of these Terms of Service as it relates to your purchase. Comments and uploading content. By submitting a comment or uploading content onto this Website, you grant Groundhogg Inc. a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules, or regulations. We reserve the right to remove any content or comment at any time in our sole discretion. The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website: Content that harasses others; Content that is discriminatory or offensive; Swearing, name-calling, and otherwise abusive content; Pornographic and sexually explicit content; Content displaying, depicting, or suggesting violence; Content that exploits or abuses children; Content encouraging or committing illegal acts; Content sharing personal information without consent; Content infringing on someone’s rights, including intellectual property rights; Content advertising products or services without our permission; Content whose purpose is spamming others. Prohibited uses. You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses: Impersonating or attempting to impersonate Groundhogg Inc. or its employees, representatives, subsidiaries, or divisions; Misrepresenting your identity or affiliation with any person or entity; Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or any similar material; Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability; Using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with another party’s use of the Website; Using any robot, spider, or other similar automatic technology, process, or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website; Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose; Using any device, software means, or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs, or other such materials; Attempting to gain unauthorized access to, interfere with, damaging, or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website; Attempting to attack or attack the Website via a denial-of-service attack or a distributed denial-of-service attack; Otherwise attempting to interfere with the proper working of the Website; Using the Website in any way that violates any applicable province, territory, state, or country laws, rules, or regulations. No Warranties. THIS WEBSITE AND THE CONTENTS THEREIN INCLUDING, BUT NOT LIMITED TO, ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THIS WEBSITE, CONTENT ON THIS WEBSITE, OR THE INTERNET. ADDITIONALLY, THIS WEBSITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR CONTROL. WE ARE NOT RESPONSIBLE FOR ANY VIRUSES OR DAMAGES THAT MAY INFECT YOUR COMPUTER SOFTWARE, HARDWARE, OR OTHER EQUIPMENT DUE TO YOUR USAGE OF THIS WEBSITE OR DOWNLOADING OF ANY MATERIAL (TEXT, IMAGES, VIDEO, AUDIO, ETC.) FROM THIS WEBSITE. Limitation of liability. In no event shall The Wagner Agency, nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort, or otherwise, and The Wagner Agency, including its officers, directors, and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. Availability, errors, and inaccuracies. We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products, and services found on this Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on this Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us. Indemnification. You hereby indemnify to the fullest extent The Wagner Agency from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms. Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. Variation of Terms. These Terms may be modified at any time. Your continued usage of this Website after such changes have been made constitutes acceptance of the changes. You should review these Website Standard Terms And Conditions periodically to note any updates and/or changes. Assignment. We shall be permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. Entire Agreement. These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between us and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same. Governing Law & Jurisdiction. The laws of the County of Orange and the State of Florida, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern these Website Standard Terms And Conditions. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of this Website must be instituted within two (2) years from the date on which such claim or cause arose or was accrued. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Orange County, Florida, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Florida as your agent for service of process. You agree to waive any objection that the state or federal courts of Orange County, Florida, are an inconvenient forum.