Terms & Conditions of Use
Proxpector may change these Terms from time to time, at our sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes to these Terms. Please periodically visit this section of the Site to review the current version of these Terms.
Privacy And Intellectual Property Protection
Using our Services does not give you ownership of any intellectual property rights in our Site, Services or the content you access. The materials contained in and on this site are protected by applicable copyright and trademark law. All copyrights, trademarks, patents and other intellectual property rights on our Site and in Services shall remain the sole property of Proxpector. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Proxpector.
Use Of Our Services
Merchants subscribing to Proxpector get access to an online engagement portal to review data regarding users of the Proxpector Services in connection with their business. Merchants can use such data to engage with their customers, build loyalty and get a better understanding of their customers.
Users accessing Proxpector via the web or mobile device have a chance to win prizes at Merchants, receive gifts from these Merchants and get access to content provided by these Merchants. In order to register, subscribe, play, participate, create an account or opt-in, personal information is collected to give you access to the Services. You can stop using our Services and opt-out at any time.
This Service is intended solely for Users who are thirteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement.
You agree to use our Site and Services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit any other User’s enjoyment of the Site or Services.
You must not use our Site or Services to send unsolicited commercial communications. You must not use the content on our Site or Services for any marketing related purpose without our express written consent.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account pin number secure. You must notify Proxpector immediately of any breach of security or unauthorized use of your account. Although Proxpector will not be liable for your losses caused by any unauthorized use of your account; you shall be liable for the losses of Proxpector or others due to such unauthorized use.
All aspects of the Service are subject to change or elimination at Proxpector’s sole discretion. Proxpector reserves the right to interrupt the Site or Services and/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Site or Services with or without prior notice for any reason or no reason. You agree that Proxpector will not be liable to you for any interruption of the Site, Services or your account.
You are solely responsible for your interactions with other Proxpector Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Proxpector shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Not Responsible For Offers, Coupons, Deals, Gifts Or Prizes
You expressly agree that delivery of Offers, Coupons, Deals, Gifts or Prizes is the sole responsibility of the Merchant offering such Offers, Coupons, Deals, Gifts or Prizes and Proxpector has no responsibility or liability regarding the Offers, Coupons, Deals, Gifts or Prizes. You also acknowledge that Proxpector has no control over the quality, safety, legality, or accuracy of any Offers, Coupons, Deals, Gifts or Prizes. Accordingly, you irrevocably release Proxpector (and its officers, directors, employees, representatives and agents) from any claims, demands and damages (actual and consequential) of every kind and nature (known and unknown, disclosed and undisclosed), that may arise from any dispute you may have with a Merchant. If you are a California resident, you waive California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Disclaimer Of Warranties And Limitation Of Liability
THE SITE AND SERVICES ARE PROVIDED NO AN “AS IS” AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS IN OR ON THIS SITE OR THAT ANY OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR WITH OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Proxpector, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SITE OR SERVICES; (C) THE SERVICES IN GENERAL OR THE SOFTWARE OR SYSTEMS THAT MAKE THE Proxpector SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH Proxpector OR ANY OTHER USER OF THE Proxpector SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Proxpector HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Service is controlled and operated from its facilities in the United States. Proxpector makes no representations that the Site or Service is appropriate or available for use in other locations. Those who access or use the Site or Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
You agree to defend, indemnify and hold harmless Proxpector and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site or Services, including any data or content transmitted or received by you; (ii) your violation of any Term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim for damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Site or Services with your pin number or other appropriate security code.
AGENCY BUILDER SYSTEMS is a marketing system affiliate program for Licensed Insurance Agents ONLY.
AGENCY BUILDER SYSTEMS is NOT an Insurance Company, IMO, or FMO.
PROXPECTOR general affiliate program does not market insurance therefore does not require any licensing.
By having selected and paying for Your membership option, You will be an affiliate member of either/or affiliate program, not both.
As a PROXPECTOR Affiliate or AGENCY BUILDER SYSTEMS (ABS) Affiliate, You have the opportunity to earn money from (i) commissions for PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS) accounts that You sell to other users, and (ii) override commissions when the people you sell to sell to others. This Agreement sets forth Your rights and obligations as a PROXPECTOR Affiliate or AGENCY BUILDER SYSTEMS (ABS) Affiliate. By clicking “I Agree” You indicate that You have read and understood this Agreement and You will be bound by its terms.
1. PARTIES. All references to “PROXPECTOR Affiliate” or “AGENCY BUILDER SYSTEMS (ABS) Affiliate” herein mean and refer to LEGESYS CORP., doing business as PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS), and LEGESYS CORP.’s owner(s), parent company(ies), affiliate entities, and employees, and assigns. All references to “You” and “Your” mean and refer to that PROXPECTOR Affiliate or AGENCY BUILDER SYSTEMS (ABS) Affiliate who has executed this Agreement by clicking “I Agree.” PROXPECTOR, AGENCY BUILDER SYSTEMS (ABS) and You are each referred to herein as a “Party,” and collectively as the “Parties.”
2. INDEPENDENT CONTRACTOR. You are an independent contractor of LEGESYS CORP. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between LEGESYS CORP. and You by virtue of this Affiliate Agreement.
3. TERM AND TERMINATION. Your contract with LEGESYS CORP. begins when You click “I Agree,” and will continue month-to-month until either:
A. LEGESEYS CORP. cancels Your account due to Your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You forfeit all Commissions and Bonuses owed to You or that may in the future be owed to You. or
B. LEGESYSY CORP. or its successors or assigns, in its sole and absolute discretion, cancels Your Affiliate Agreement. In the event that LEGESYSY CORP. or its successors or assigns cancels Your Affiliate Agreements, You will first receive thirty (30) days’ written notice, sent to the e-mail address you provided LEGESYSY CORP. and that is associated with your Affiliate profile.
A. COMMISSIONS. After You click “I Agree” to the terms of this Agreement, You will receive a unique Affiliate URL, which You will use to advertise PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS). When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser for 30 days. When the Prospect creates a PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS) account by using Your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Sale,” and each such account is a “Sold Account.”
B. As a PROXPECTOR Affiliate You will be paid a commission for each “PROXPECTOR Pro” Sold Account that generates a payment of $149.00 to LEGESYS CORP. in a month. The Commission amount for $50 (Tier 1), $25 (Tier 2), for each month $149 is received by LEGESYS CORP. for a Sold Account. Commission payments will be made to You on or before the 15th day of the following month after the month that the fees are collected. No commissions are paid on Set Up fees or beacons sold.
C. As an AGENCY BUILDER SYSTEMS (ABS) Affiliate You will be paid a commission for each Sold Account that generates a payment of $299.00 to LEGESYS CORP. in a month. The Commission amount is $100 (Tier 1), $75 (Tier 2), $50 (Tier 3). Commission payments will be made to You on or before the 15th day of the following month after the month that the fees are collected. No commissions are paid on Set Up fees or beacons sold.
D. AGENCY BUILDER SYSTEMS (ABS) AFFILIATE PROGRAM HONOR AGREEMENT. After making $1,000 a month in recurring affiliate income, You agree to purchase Your $500 a month IUL policy.
1. Your IUL policy will be written by the agent who recruited You into the AGENCY BUILDER SYSTEMS (ABS) Affiliate program. If this agent is not licensed in the state you reside, they may elect to add the non-resident license to write the policy OR instead collect an IUL Ready Bonus from ABS Home Office. ABS Home Office would then find another agent licensed in that specific state to purchase the lead and write Your policy.
2. No member will write their own IUL policy.
E. BONUSES. If you are a licensed life insurance agent and have an IUL Ready member in a state that you are not licensed in, you will need to get a non-resident agent license for that specific state to write that policy. You may instead elect to receive an ABS IUL Ready Bonus. ABS Home Office will then sell this lead to another licensed agent who is able to write policies in that specific state. ABS Home Office will pay you a bonus of $500 once the policy has been issued.
F. TAXES. Before You can be paid any Commission or Bonuses, You must provide LEGESYS CORP. a completed W-8 or W-9, as instructed by LEGESYS CORP. You will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 to LEGESYS CORP.. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses You receive from LEGESYS CORP. If You are not a resident of the United States, LEGESYS CORP.may withhold tax (including without limitation VAT) where required to by applicable law. Where LEGESYS CORP. is required to withhold tax, LEGESYS CORP. will document such withholding.
G. MINIMUM COMMISSION AND BONUS PAYMENT. Your combined commission and bonus amount must equal or exceed One Hundred and 00/100 Dollars ($100.00) before You receive a payment from LEGESYS CORP. If Your combined commissions and bonuses for a given month are less than $100.00, Your commissions and bonuses will be held until Your combined commissions and bonuses equals or exceeds $100.00.
H. COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between LEGESYS CORP. and a Sale or a Sold Account. If the transaction does not actually occur, or if payment from a Sale or Sold Account is not actually received by LEGESYS CORP., You will not paid a Commission or Bonus on the transaction. If payment for a Sold Account later results in a refund or charge-back, and if a commission or bonus was paid to You for that Sold Account, then the commission or bonus will be deducted from Your future commissions. If LEGESYS CORP. determines, in its reasonable discretion, that any Sale or Sold Account was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale or Sold Account. If any Commissions or Bonuses are paid for a Sale or Sold Account that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by LEGESYS CORP. after payment, such payment amounts shall be deducted from Your future commissions and bonuses.
I. You must have an active subscription membership plan on the PROXPECTOR Platform to be a PROXPECTOR Affiliate or AGENCY BUILDER SYSTEMS (ABS) Affiliate. Cancelling Your subscription membership would also cancel Your affiliation resulting in forfeiting any and all future affiliate commissions and any downline members in Your affiliate tree.
J. U.S. DOLLARS. All commissions are paid in US Dollars via PayPal.
K. PayPal charges 2.9% + $0.30 for U.S. transactions.
5. MARKETING AND RECRUITING.
A. TRUTHFUL. Anything You communicate in marketing or advertising any PROXPECTOR Affiliate or AGENCY BUILDER SYSTEMS (ABS) Affiliate program, service, or opportunity must be true and accurate. Claims that relate to any PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS) service or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports LEGESYS CORP. You may not use the intellectual property of any other person or entity in advertising any PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS) service or opportunity.
B. DISCLAIMER. On any 3rd party website that You advertise any PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS) service or opportunity, You must plainly display (i.e., not in a link, or in small font) the following disclaimer language:Disclosure: I am an independent AGENCY BUILDER SYSTEMS (ABS) Affiliate, not an employee. I receive referral payments from AGENCY BUILDER SYSTEMS (ABS). The opinions expressed here are my own and are not official statements of AGENCY BUILDER SYSTEMS (ABS) or its parent company, LEGESYS CORP.
C. NON-DISPARAGEMENT. You are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of PROXPECTOR.
D. INVENTORY LOADING/REBATES. You will not be paid any Commission or Bonus for payments made on your own User Account(s). You are not permitted to open a PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS) account under the name of another person. You are not permitted to open a PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS) account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. You may not pay for another person’s account. You are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales or Sold Account. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to LEGESYS CORP. all Commissions and Bonuses earned as a result of any such violation.
E. INCOME CLAIMS. If Your recruiting efforts include claims related to the potential income a PROXPECTOR Affiliate or AGENCY BUILDER SYSTEMS (ABS) Affiliate can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of either affiliate program, the following guidelines must be adhered to:
1. Your statements must be completely true and accurate and supported by evidence;
2. If You use a hypothetical scenario, You must clearly label it as a hypothetical scenario; and
3. Your statements must be accompanied by the affiliate program income disclosure statement:
LEGESYS CORP. does not make any claims on how much money you can earn with our system(s) nor how many (if any) sales you will receive from your efforts. There are no guarantees or promises of sales with our systems nor do we give any time frames for sales. All results are not typical and will vary depending on each individual’s effort, drive, and motivation.
6. LEGESYS CORP’s INTELLECTUAL PROPERTY.
No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS) Intellectual Property”) owned by LEGESYS CORP. may be used, copied, or reproduced by You except as set forth below. No PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS) Intellectual Property (or any mark confusingly similar to any PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS) Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion.
You may use the PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS)TM mark to advertise PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS). Any time You use the PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS)TM mark, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for LEGESYS CORP. Whether Your use of PROXPECTOR or AGENCY BUILDER SYSTEMS (ABS)TM is confusing will be determined by LEGESYS CORP. in LEGESYS CORP’s sole and absolute discretion. The following guidelines, which may be changed or added to at any time, are designed to help avoid reader confusion:
– You must not use the “voice” of, or purport to speak on behalf of, LEGESYS CORP.
– Any time You use the word “PROXPECTOR” or “AGENCY BUILDER SYSTEMS (ABS)” it must be immediately followed by the letters “TM” in superscript caps.
– When used in prose, “PROXPECTOR” or “AGENCY BUILDER SYSTEMS (ABS)” TM must be used in the same font as the rest of the prose.
– When used other than in prose, “PROXPECTOR” or “AGENCY BUILDER SYSTEMS (ABS)” TM must be used in the font employed by LEGESYS CORP’s corporate marketing in LEGESYS CORP’s corporate logo.
– On any website or social media platform on which You use the word “PROXPECTOR” or “AGENCY BUILDER SYSTEMS (ABS)” TM, you must include the disclosure identified in paragraph 5(D) above.
– You may use only such other images, photographs, and trademarks as LEGESYS CORP. expressly authorizes in writing.
– If you have any questions regarding your use of any “PROXPECTOR” or “AGENCY BUILDER SYSTEMS (ABS)” mark, please contact: email@example.com
7. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS. You grant LEGESYS CORP. permission to use any and all photographs taken by LEGESYS CORP. or its agents or employees, or submitted by You to LEGESYS CORP. (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of LEGESYS CORP. or any product or service sold and marketed by LEGESYS CORP. You agree that this authorization to use Photographs may be assigned by LEGESYS CORP. to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in LEGESYS CORP’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against LEGESYS CORP. in exchange for this Release and Assignment. You hereby release and forever discharge LEGESYS CORP. from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
8. PROHIBITED ACTIVITY. LEGESYS CORP. has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to LEGESYS CORP’s reputation; and the violation of the rights of LEGESYS CORP. or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to LEGESYS CORP’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
9. INDEMNITY. You agree to protect, defend, indemnify and hold harmless LEGESYS CORP., its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of the Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against LEGESYS CORP. for liability for payments for, damages caused by, or other liability relating to, You.
10. NO WARRANTY; NO LEADS. LEGESYS CORP. or it’s affiliate programs does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that LEGESYS CORP. will not at any time provide sales leads or referrals to You. Additionally, LEGESYS CORP’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LEGESYS CORP. MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY LEGESYS CORP. WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. LEGESYS CORP. MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY LEGESYS CORP. WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY LEGESYS CORP. WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY LEGESYS CORP’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY LEGESYS CORP’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL LEGESYS CORP’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST LEGESYS CORP. OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
12. FORCE MAJEURE. LEGESYS CORP. will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of LEGESYS CORP. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. LEGESYS CORP. shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
13. ASSIGNMENT. LEGESYS CORP. may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without LEGESYS CORP’s or its assigns express written consent.
14. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against LEGESYS CORP. including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Orange County, California. You agree not to file suit against LEGESYS CORP. or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and LEGESYS CORP. In the event that You and LEGESYS CORP. are unable to reach agreement on an Arbitrator, You and LEGESYS CORP. will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Orange County, California. The arbitrators selected by You and LEGESYS CORP. will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and LEGESYS CORP. and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against LEGESYS CORP. to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against LEGESYS CORP. may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents LEGESYS CORP. from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect LEGESYS CORP’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or LEGESYS CORP. commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
15. ENTIRE AGREEMENT. This Agreement, along with LEGESYS CORP’s standard Terms and Conditions represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to Your rights and responsibilities as a PROXPECTOR Affiliate or AGENCY BUILDER SYSTEMS (ABS) Affiliate.
16. MODIFICATION/AMENDMENTS. This Agreement and LEGESYS CORP’s standard Terms and Conditions may be modified by LEGESYS CORP. at any time, with or without prior notice to You. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on You when they are sent to You via e-mail, or are posted in the affiliate center. No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by LEGESYS CORP. Your continued acceptance of Commission or Bonus payments constitutes Your acceptance to any modifications or amendments to this Agreement.
17. NO WAIVER. No waiver by LEGESYS CORP. of any right reserved or granted to LEGESYS CORP. under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of LEGESYS CORP.
18. NOTICE. Any notice required to be given to LEGESYS CORP. under or related to this Agreement shall be in writing, addressed as follows:
LEGESYS CORP.4533 MacArthur Blvd., Ste 5193Newport Beach, CA 92660e-mail: firstname.lastname@example.org
LEGESYS CORP. will send notices to You at the e-mail address You provided to LEGESYS CORP.
Any notices shall be deemed delivered to You when sent by LEGESYS CORP.
You are solely responsible for addressing any technical failures related to Your e-mail address or server, and for reading any e-mail sent to You.
19. SEVERANCE. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect.
Legesys Corp. dba PROXPECTOR
4533 MacArthur Blvd, Suite #5193
Newport Beach, CA 92660
CA DOI# 0i55511