TERMS OF USE & PRIVACY POLICY

TERMS OF USE

Updated December 18, 2023

The following terms of use (the “Agreement”) govern your access to and use of AgentAdvice.com (the “Site” as well as “we” or “us”).  Either you or we may also be referred to herein as a “Party” and collectively as the “Parties”.

THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND US AND GOVERNS YOUR RELATIONSHIP WITH US AND USE OF THE SITE.  BY USING THE SITE IN ANY MANNER, YOU THEREBY AGREE TO AND ACCEPT THIS AGREEMENT.

Scope.  This Agreement is intended to be the master agreement governing your use of the Site.  Your use of the Site is conditioned on your agreement to the terms herein.

Eligibility.  By using the Site, you represent, warrant, and covenant that:  (a) you have reached the age of majority in the legal jurisdiction from which you are accessing the Site or that you have the permission of your legal guardian to access the Site; and (b) you have read and understand this Agreement.

Your Prohibited Activities.  You hereby expressly represent and warrant that you shall not:  (A) breach this Agreement willfully or through gross negligence; (B) use our systems or services, or any of our property to circumvent or breach or attempt to circumvent or breach any law or regulation; (C) create derivatives of any of our intellectual property for any purposes other than those specifically permitted by us; (D) use any bot, spider, scraper, data miner, or automated agent to gain use of any information on the Site, our systems, our services, or any of our property; (E) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way material from our systems, our services, or any of our property; (F) work around any of the technical limitations of our systems, our services, or any of our property or enable features or functionalities that are otherwise disabled on our systems, our services, or any of our property; or (G) perform or attempt to perform any actions that would interfere with the normal operation of our systems, our services, or any of our property.

Unsolicited Feedback.  We welcome any and all feedback.  By submitting any such feedback to us, you agree that we may, but shall have no obligation to, exploit in any and every way such feedback, as we see fit for any and every purpose, without restriction or limitation of any kind, and you thereby grant to us an unlimited freely and fully transferable, freely and fully assignable, irrevocable, paid-in-full, royalty-free, perpetual, worldwide license to the feedback, with the right to sublicense each and every such right.  You further agree not to permit or prosecute any action on the ground that our exploitation of such Feedback infringes or violates any of your rights.

Security.  We maintain our systems, our services, and all of our intellectual property in accordance with commercially reasonable industry standards to preserve the integrity and security of all related intellectual property and user information from accidental loss and from unauthorized use or disclosure.  We cannot, however, ensure or warrant that third parties will never be able to defeat those measures or gain access to such information.   Our services utilize the public Internet and third-party networks, and we bear no responsibility for the security of the Internet or any third-party networks.

No Endorsement; No Affiliation.  We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any company or other third party.

No Professional Advice. All information, materials, content and/or advice on the Site is for informational purposes only and is not intended to replace or substitute for any professional advice. We expressly disclaim, and you expressly release us from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site.

Third Party Products and Services.  We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site (“Third Party Products and Services”).

We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk. Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party.  You should investigate and use your independent judgment regarding the merits, quality, and reputation of any Third Party Products and Services that you find on or through the Sites.

Public Areas and Submissions.  If you use a community area on the Site that allows user posts, additional terms and conditions apply to you.

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information  provided by you in any manner including but not limited to e-mail, other written, or other submissions, or postings on the Sites (“Submissions”), are non-confidential. You grant us a perpetual, irrevocable, nonexclusive, worldwide, fully paid, and sublicensable license to use, disseminate, distribute, display, reproduce, post, and publish your Submission and any name, username, or likeness provided in connection with your Submission in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share your Submission on or through our Sites or Services, you understand that your Submission and any associated information may be visible to others.

If you are an author of a Submission, you warrant that you will not post any materials that would (a) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including any threatening, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent messages of any kind; (b) violate or infringe upon the rights of others, including their privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights, without first obtaining permission from the person who owns or holds that right; (c) contain a virus or other material of a destructive nature; and (d) violate any law, statute, ordinance, or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising.

The reviews posted on the Site are the individual, subjective opinions of individual reviewers. We do not endorse any of the opinions expressed by individual reviewers or the responses to reviews.  We cannot guarantee or verify the accuracy of the opinions shared by individual reviewers. While we have no duty to monitor what is posted, we do reserve the right to reject or remove any review, at any time, for any reason, including but not limited to those that we deem inappropriate or outside the parameters of our Review Guidelines.  We ask that you adhere to the following Review Guidelines when posting reviews:

• Screen Name: Please choose a screen name that’s appropriate, or we will ask you to make a change. If you choose a screen name that is your actual name, please be aware that other users can view this.
• Inappropriate content: Threats, harassment, profanity, obscenity, hate speech, and other displays of bigotry are not allowed and will be removed by our review curators.
• Conflicts of interest: Be unbiased and objective. You should not write reviews of your own business, employer (including contracted workers) or of your friends’ or relatives’ business. You should also not represent a competitor of the company being reviewed.
• Promotional content: Do not post promotional content.
• Relevance: Do not post information and feedback that is not relevant and appropriate. For example, do not include comments about political ideologies, or other matters that do not address the consumer experience. Please indicate the nature of your experience with the company. Have firsthand and recent experience with the company.
• Your Own and Other’s Privacy: Do not include other people’s private information (for example, real names, addresses, phone numbers, e-mail addresses, or any other personally identifying information). Please be aware that our review curators remove all identifiable personal information left in a review. This primarily includes names and dates.
• Libelous statements: Your content should not contain defamatory or untrue statements.
• Intellectual property: Your content should not contain intellectual property that belongs to third parties. This includes links to outside sources and copied reviews that are not your own.

How We Rate and Rank Courses. To understand how we rate and rank courses, click here

Mandatory Arbitration, Class Action Waiver and Other Restrictions.  You acknowledge and agree that any claim or dispute with us whether based on contract, tort, or any other legal theories, shall be resolved pursuant to mandatory and binding arbitration under the American Arbitration Association’s (AAA) rules including AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

At least 30 days prior to initiating arbitration, the you shall provide us with written notice of your intent to seek arbitration that briefly describes the nature of your claim or dispute and the amount of money and other relief you are seeking pursuant to the claim or dispute. The notice shall be submitted to: contact@agentadvice.com

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Accordingly, the arbitration shall proceed solely on an individual basis and without the right for claims to be arbitrated on a class action basis or asserted in any other purported representative capacity. Claims submitted to arbitration may not be joined or consolidated with claims asserted by others unless agreed to in writing by all parties.

Proprietary Rights, Copyrights and Trademark Information and Use Restrictions. All of the information included on the Site, including all the software text, materials, graphics, logos, photographs, graphs, sounds, data, images, audio, page headers, software, buttons, video and other icons and the arrangement and compilation of this information  is our valuable property.  Our associated logos, and all page headers, custom graphics, buttons, and other icons are our service marks, trademarks, registered service marks, or registered trademarks.  Our content is protected by contract law and various intellectual property laws, including domestic and international copyright and trademark laws, and all intellectual property rights on the Site belong to us.   Nothing herein shall be construed as transferring or assigning any ownership rights to you.

Warranties.  Except for the warranties specifically and expressly made in this Agreement, we make no warranties, either express or limited including warranties of merchantability or warranties of fitness, and all such warranties are disclaimed. Unless otherwise prohibited by law, our systems, our services, and our property is made available to you on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind, either express, implied or statutory.

Subscription Billing. If you have signed up for a service or product that involves monthly or other recurring billing or fees, this section applies. For monthly subscriptions, Subscriber authorizes AgentAdvice.com to automatically charge Subscriber for the first month upon the effective date of the Order. Subscriber further authorizes AgentAdvice.com to automatically charge Subscriber for the second month five (5) calendar days in advance of the first monthly Renewal Date. Thereafter, each successive month’s fee will be charged on the monthly Renewal Date until the account is cancelled. You may update your Payment Methods through the payment service providers. We reserve the right to change the subscription plans or adjust pricing for the service in any manner and at any time. Any change will take effect following notice to you.

Limitation of Liability.  Neither we nor our personnel or affiliates shall be liable for any lack of security which may be experienced. Unless otherwise prohibited by law, you expressly agree that you assume all responsibility for your use of our systems, our services and our property and you use them at your own risk. Under no circumstances shall we, to the extent permitted by law, be liable to you for damages in an aggregate amount in excess of the fees paid to us by you under this Agreement in the six months prior to the date the first claim arose. Under no circumstances shall we be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages, including but not limited to, damages arising from any court action or legal dispute, loss of business, profits, revenues, money, data, goodwill, or reputation, loss of anticipated business, profits, revenues, or goodwill or other intangible losses, or any other pecuniary or non-pecuniary loss, damage or injury of any nature whatsoever, arising out of, in connection with, relating to, or resulting from this Agreement, our systems, our services or our property, including the unavailability of the Site, however arising, even if we have been advised of the possibility of such damages.  Under no circumstances will we be liable for failure to perform the terms of this Agreement.   Furthermore, we shall not be liable to you, or any third party, for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to this Agreement whether in contract, tort, or any law, even if advised of the possibility of such damages. Without limiting any of the foregoing, our full cumulative liability to you shall be limited to direct damages and in all events shall not exceed in the aggregate the amount of one US Dollar.  The limitation of liability applies regardless of the legal theory on which the claim is based, including contract or tort, negligence, strict liability or any other basis.  The foregoing limitations apply even if we have been advised of the possibility of such damage.  Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.  The limitations or exclusions of warranties, remedies, or liability contained in this Agreement apply to you to the fullest extent such limitations or exclusions are permitted under the jurisdiction where you are located.

Indemnification.  You agree to indemnify, defend and hold us, our personnel and affiliates harmless from and against any and all claims, demands, liabilities, costs, losses, expenses, tax assessments, penalties, interest and damages including reasonable attorney’s fees and expenses which may hereafter arise, due to any and all claims, suits, actions, audits, investigations, inquiries, or other proceeding arising out of or relating to: (a) your breach of this Agreement; (b) your access to or use of the Site; (c) any actual or alleged breach of any representation, warranty or obligations made herein; or (d) your willful or negligent act or omission.

International Use.  We make no representation that the Site, our systems, our services, or our property are appropriate or available for use in locations outside the U.S.  If you choose to access or use the Site, our services, or our property from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with the applicable Regulations of your jurisdiction.

Governing Law and Venue.  The Parties agree that this Agreement, performance under this Agreement, any action at law or in equity arising out of or relating to this Agreement, us, our systems, our services, or our property and all suits and special proceedings relating to such, shall be construed in accordance with, under, and pursuant to the laws of the State of Texas, without giving effect to any principles of conflicts of law.  The Parties agree and covenant that any action at law or in equity arising out of or relating to this Agreement, our systems, our services, us, or any of our property will be filed only in the state or federal courts in and for the Austin Division of the Western District of Texas or the state courts in and for Austin, Travis County, Texas, and each party hereby consents and submits to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submits to extraterritorial service of process.

Notice.  All notices, requests, demands, consents, permissions, and other communications hereunder shall be in writing and shall be deemed received when transmitted to the email address hereinunder, and confirmation of delivery or receipt is received, to contact@agentadvice.com

Change of this Agreement.  We may modify, alter, or otherwise update this Agreement at any time.  Your continued use of the Site shall constitute your agreement to such changes.

Changes to Our Systems, Our Services, Our IP, or Our Materials.  We may enhance, replace, modify, alter, change, or otherwise update the features of our systems, our services, our intellectual property or our materials in our absolute and sole discretion without any notice to You absent any written agreement between you and us.

Entire Agreement.  This Agreement contains the sole and entire agreement between the Parties regarding the subject matter herein and supersedes any and all other agreements between the Parties regarding the subject matter herein, unless otherwise agreed by the Parties in writing.

 

PRIVACY POLICY

Updated January 1, 2023

We respect your privacy and are committed to protecting your personally identifiable information as you use the Site.  The following privacy policy (the “Privacy Policy”) governs our use of your Information.

The Information That We Collect. When you use the Site, we automatically collect certain analytical information.  This automatically collected information may include your IP Address, unique device or user identification, version of software installed on your accessing device(s), system type, the IP that you use on the Site, the dates and times that you use the Site, and other information that is publicly available any commonly collected. We collect personally identifiable information that you voluntarily provide to us.

In order to better tailor our user experience, we may automatically collect other information including, but not limited to, the users’ location, type of mobile device, browser type, IP address, language, operating system, unique device identifier, the date and time of your visit, the pages you view, and the website that referred you to us.  The purpose of this practice is to identify which content our users find most useful and to tailor a better experience for you. When you visit our website, we or other partners we work with may use “cookies” or other similar technologies like pixels, web beacons and local storage to collect information about how you use the website and provide features to you. You may be able to set your browser or device to prompt you before you accept a cookie, accept cookies automatically or reject all cookies. However, if you choose not to accept cookies from the website, you may not be able to access and use all or parts of the website or benefit from the information and services it offers.

Use of Information. We use automatically collected information to identify prior users of the Site, to track usage of our systems, to determine what services are in your geographical area so as to provide relevant information to you, to update and monitor the performance of the Site and our systems, and for analytical purposes. We may on occasion provide this information to an affiliate to assist us in providing these functions and may provide this information in the aggregate to third parties. The personally identifiable information that you voluntarily provide to us may be used by us as permitted by law or this Policy. We may use your information to provide personalized content and information to you, which can include ads or other forms of marketing on behalf of third parties.

Disclosure of Information. We may share your information with certain third parties selected by us to help support our operations. These include, for example, service providers that help us process payments, analyze web traffic, send emails, and track customer service requests. In addition, based on your use of our website and services, our display advertising partners may present you with personalized advertising on other sites.  We may also disclose your information when we believe we have your consent to do so, such as when you contact customer service and ask us about your account, or when we have the consent of someone we believe is authorized to consent on behalf of you, such as the individual associated with the payment method for your account. We may disclose your information to our partners if you give us consent to do so, such as requesting more information on an offer or service. We may also disclose your information when we have a good faith belief (i) we are required to do so by law, or in response to a subpoena, court order, or other legal mechanism, or (ii) it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. If you voluntarily share or submit any information for posting on the website, such as a user review, it may become available to the public. Finally, we may share all or some of your personal information with any of our subsidiaries, joint ventures, or other companies under common control to be used in a manner consistent with this policy, and if we or our assets gets acquired or transferred in part or whole to another organization, your information and any other information we have collected may be among the items transferred.

Opt-Out. Should you wish to opt out of all communications from us, you may unsubscribe from our emails at any time. It may take up to ten (10) business days for us to process your opt-out request.

Children.  Our systems and services, the Site, and our intellectual property are not intended for young children and are not directed to children under the age of thirteen.  We do not knowingly collect or maintain personally identifiable information from persons under the age of thirteen.  If we learn that personally identifiable information of persons less than the age of thirteen has been collected on or through our systems or our services, we will take the appropriate steps to attempt to delete this information.

Links.  The site may include links.  Links are provided for your convenience and information only.  We do not control the availability of links and content available via links. Use of links is solely at your own risk.  Any concerns regarding links, or any information, resources, or services therein, should be directed to the operator of the particular link.

GDPR.  For visitors hailing from the European Economic Area or other non-US territories, any content that you voluntarily provide us will be transferred outside the European Economic Area or other non-US territories for use by us as described herein.

Changes in this Policy.  We may add new services and features to our sites. In the event that these additions affect our Privacy Policy, this Privacy Policy will be updated appropriately. We will post those changes prominently so that you will know what personal information we gather, how we might use that Personal Information, and whether we will disclose it to anyone. We, however, recommend that you read this Privacy Policy each time you use our sites in case you missed our notice of changes to the Privacy Policy.

Additional Information for Individuals in California, Colorado, Connecticut, Utah, and Virginia.

This section provides notice and specific information to consumers in California, Colorado, Connecticut or Virginia, including information required by the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively “CCPA”), the Virginia Consumer Data Protection Act, the Colorado Consumer Privacy Act (effective July 1, 2023), the Connecticut Data Privacy Act (effective July 1, 2023), and the Utah Consumer Privacy Act (effective December 31, 2023). Please note that the notice, information, and rights for residents in Colorado and Connecticut are only effective after July 1, 2023, and in Utah are only effective after December 31, 2023.

We may disclose certain of your contact information and identifiers, commercial information, and Internet activity information to professionals, vendors, and sellers on our Platform, advertising providers, and other service providers in exchange for services, including behavioral and targeted advertising services, which may constitute a data “sale” and “sharing” under some privacy laws, including the CCPA.  

Categories of Personal Data We Collect:

• Identifiers such as name, alias, physical address, unique personal identifier such as cookies and trackers, IP address, email address, phone number, customer number, account name, ID card information, or other similar identifiers.
• Personal records such as physical characteristics or descriptions, signature, education, employment history, bank account information, or financial information.
• Characteristics such as age, sex and other demographic data.
• Customer Accounts/Commercial information such as products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies.
• Online usage information such as Internet and other electronic network activity information including, but not limited to, browsing history, search history, information on a consumer’s interaction with the website, application, or advertisement.
• Sensory information such as audio recordings of customer service calls.
• Inferences Derived From Personal Data/Profiling such as your purchase preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, abilities, and aptitudes.

Categories of Sources of Personal Data that We Collect:

• Directly from you. For example, when you create an account or browse our website.
• Directly and indirectly from activity on our Services, and Third Party social media pages and other services.
• Social Networks.
• Advertising Companies.
• Service Providers who provide services on our behalf such as those used to fulfill orders, process your payments and requests, verify your information, monitor activity on our Services, provide analysis and analytics, maintain databases, administer and monitor emails and marketing, administer and send mobile messages, serve ads on this and other services, and provide consulting services.

Business or Commercial Purposes for collection and use of Personal Data:

• Providing customer service, including responding to your requests or inquiries.
• Processing and completing your transactions including, as applicable, order confirmation, billing, enrollment in our programs, and delivering products or services.
• Personalizing your experience with our services with content and offers that are tailored to you, including special offers from other companies.
• Providing you with newsletters, articles, product or service alerts, new product or service announcements, event invitations, and other information.
• Including you in market research, surveys, promotions, sweepstakes, and contests.
• Improving our services such as the way offers are made for our services based on the purchasing decisions of our customers and improving the interactions visitors have with our services.
• Evaluating your shopping experience or existing products and services or to create new items.
• Keeping a record of our interactions with you if you place an order or otherwise deal with our representatives over the telephone, text messaging, chatrooms, or otherwise online.
• Verifying and validating your identity or otherwise preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of Personal Data, and our website or data systems.
• Complying with our legal obligations including complying with law enforcement or governmental authority requests, participating in judicial proceedings, responding to requests from third parties based on their statutory rights against us (IP infringement, piracy, other unlawful activity) and investigating fraudulent activity.
• Enabling you to interact with other service providers, whether by linking to their sites, viewing their content within our online environment, or by viewing our content within their online environment.
• Creating aggregated, pseudonymized, or anonymized information for analytical and statistical purposes.
• As permitted by applicable laws including for enforcing our Terms of Use, other agreements, and policies.

Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including: (a) the categories of personal information we have collected about you; (b) the categories of sources from which the personal information is collected; (c) the business or commercial purpose for collecting your personal information; (d) the categories of third parties with whom we have shared your personal information; and (e) the specific pieces of personal information we have collected about you.

Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following: complete your transaction; provide you a good or service; comply with a legal obligation; or make other internal and lawful uses of the information that are compatible with the context in which you provided it.

Right to Correct Inaccurate Personal Data. You have the right to request that we correct inaccurate Personal Data that we maintain about you. We will take into account the nature of the Personal Data and the purposes for which we process it. We may require documentation from you in order to process your request, including your name, email address, phone number, and request details.

Right to Opt-Out of Sale of Personal Data, for California individuals only. You have the right to opt out of the sale of your Personal Data to third parties by contacting us at contact@agentadvice.com and opting out.   If you decide to opt-out, we will stop sharing your information with third parties. But please note that your use of our website may still be tracked by us and our service providers to perform functions that are necessary for our business such as hosting our website, ensuring there is no fraud, etc. 

Exercising Your Privacy Rights. To request access to or deletion of your personal information, or to exercise any other data rights under California, Colorado, Connecticut, Utah, or Virginia law, please email us at contact@agentadvice.com. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. Consistent with applicable privacy laws, we will not treat you differently for exercising your rights under these laws. We will retain correspondence, documents and information related to any Request to Know, Request to Delete, Request to Correct, or Request to Opt-Out as required by law..

OFFICIAL PROMOTION RULES

No purchase or payment necessary to enter or win.  A purchase or payment will not enhance your changes of winning.

By participating in this Promotion, you agree to these Official Promotion Rules, which are a contract, so read them carefully before participating. Without limitation, this contract includes indemnities to the Sponsor, defined herein, from you, a limitation of your rights and remedies, binding arbitration of claims, waiver of class action claims and waiver to the right to trial by jury.

1. TIMING: The Agent Advice Reviews Promotion (the “Promotion“) begins on the first calendar day of each month at 9 a.m. Eastern Standard Time (“ET”), and ends on the last calendar day of each month at 11:59 p.m. ET (the “Entry Period”). Sponsor’s clock will be the official timekeeping device for the Promotion.
2. ELIGIBILITY: The sponsor of this Promotion is Agent Advice.com (“Sponsor”). The Promotion is open to legal residents residing in the fifty (50) United States and the District of Columbia. Employees, officers or directors of Sponsor, and their respective affiliates, subsidiaries, as well as the immediate family members (defined as parents, spouse, children, siblings and grandparents) and those living in the same household of each such employee, officer and director are not eligible to enter. Sponsor makes the final determination as to who is eligible to take part in the Promotion. By participating, each Participant agrees to abide by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.
3. HERE’S HOW IT WORKS AND HOW TO ENTER:
   • (a) Entry: To participate, entrants must submit a review about AgentAdvice.com and provide their first and last name during the Entry Period (an “Entry”). Alternatively, entrants may email support@agentadvice.com with their first and last name and email address to participate in the Promotion.
   • (b) Participation Limit: Limit one Entry per person.
   • (c) You Promise You’ve Read These Official Rules and Release Agent Advice from Liability: By entering the Promotion, entrants warrant they have read and understand these Official Rules and agree to be bound by them and to release, discharge and hold harmless Sponsor and their respective parents, affiliates, subsidiaries, retailers, agencies and all of their respective officers, directors, employees and agents (collectively “Released Parties”) from any and all liability, claims, judgments, losses, injuries, demands, damages, actions and/or causes of actions, whether direct or indirect, which may be due to or arise out of participation in the Promotion.
4. ADDITIONAL TERMS: Sponsor may prohibit a Participant from participating in the Promotion if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Participants or Sponsor or its agents, or if Participant has or has attempted to submit malicious code, .exe files or any file that contains malicious code.

Odds of receiving a prize depend on the total number of Entries.

5. WINNERS: A random drawing of eligible Entries will be conducted at the end of the Entry Period. One (1) winner will be selected. The selected potential prize winner will be notified via email from Sponsor within one month of the close of the Entry Period. Subject to verification of eligibility and compliance with these Official Rules and the Participant’s acknowledgment that Agent Advice may share Participant’s first name, last initial, and city and state of residence in marketing channels including social media, the potential winners will be declared a winner of the Promotion (each a “Prize Winner”). If any selected potential winner does not respond to Sponsor within forty-eight (48) hours of being notified, is found to be ineligible, is not able to receive the Sponsor’s notification or cannot or does not comply with these Official Rules, such potential winner may be disqualified and Sponsor may select an alternate potential winner from among all remaining eligible entries. 
6. PRIZES: One (1) winner of the prize, subject to verification, will receive a gift card or tangible prize with an ARV of no more than $25USD. Prizes will be delivered within one month of the close of the Entry Period.
7. ADDITIONAL PRIZE TERMS: All Prize details not stated in the above prize description will be determined by Sponsor in its sole discretion. Prize Winner will be solely responsible for all costs, fees and expenses not expressly stated in the prize description. Any difference between the approximate retail value and the actual value will not be awarded and any difference will not be refunded. Without limiting the generality of the foregoing, the Prize Winner is responsible for all federal, state and local taxes and any other taxes associated with award, acceptance and/or use of the prize excluding taxes included in the cost of the prize. Actual value of prize may vary. No refunds or credit for changes are allowed. Prize Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the prize (or portion thereof) unless Sponsor consents in writing. Prize is nontransferable and no substitution or cash equivalent is allowed, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize or prizes of the same approximate retail value for the prize (or portion thereof). The Released Parties, individually and collectively, are not responsible for any injuries or loss to Prize Winner or guest in using the prize. The Released Parties will not replace any lost, mutilated or stolen prizes or prize elements or any prize elements that are undeliverable or do not reach the winner because of an incorrect or changed address or other contact information. If Sponsor determines at any time in its sole discretion that a winner or potential winner is ineligible or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to disqualify that person, even if he or she has been notified or announced as a winner.
8. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for, and specifically disclaim any liability for or arising out of, any of the following regardless of cause, in connection with the Promotion: (1) any incorrect or inaccurate information, whether caused by Participants, wireless carriers, Internet Service Providers or unauthorized human intervention; (2) technical difficulties or failures of any kind; (3) bugs, viruses, worms, Trojan horses or similar malicious attacks; (4) typographical, printing, network, mechanical, electronic, technical, human or other errors or malfunctions; and (5) any responsibility and/or liability with respect to the Promotion and/or the prize (including any property loss, damage, personal injury or death) in connection with participation in this Promotion, the offering or announcement of any prize, or the acceptance/possession, use/misuse and/or defects of the prize awarded herein.
9. RELEASE: By entering, Participant agrees to accept and abide by the Official Rules of this Promotion. All decisions by Sponsor regarding this Promotion are final. By entering, Participant agrees to be notified using the contact information provided as part of entry by Sponsor for the purposes of the administration of this Promotion. By entering and/or accepting a prize, Participant agrees to release, defend, indemnify and hold harmless the Released Parties from all injury, loss or damage to person, including death or property due, in whole or in part, directly or indirectly, to the acceptance or use/misuse of a prize, participation in the Promotion and any related activity. Neither Sponsor nor its affiliates are responsible for any typographical or other error in the printing of these Official Rules, administration of the Promotion, or in the announcement or distribution of any prize or prize element. In no event will more than the stated number of prizes be awarded. In the event Sponsor is prevented from continuing with this Promotion, or the integrity and/or feasibility of the Promotion is undermined by any event including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or by other cause not reasonably within Sponsor’s control (each a “Force Majeure” event), Sponsor shall have the right, in its discretion, to abbreviate, modify, suspend, cancel, or terminate the Promotion without further obligation. In no event will more than the stated number of prizes be awarded. If Sponsor, in its sole discretion, elects to abbreviate the Promotion as a result of a Force Majeure event, Sponsor reserves the right, but shall have no obligation, to award the prizes from among all valid and eligible Entries received up to the time of such Force Majeure event.
10. DISPUTES AND ARBITRATION; JURISDICTION AND VENUE: To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you agree to submit to the personal and exclusive arbitration of disputes under the rules of the American Arbitration Association. Any arbitration will be conducted in Austin, Texas, and you waive any right to claim that such location is an inconvenient forum.

You also acknowledge and understand that you are giving up your right to have a trial by jury; you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and you must file any claim within one (1) year after such claim arose or it is forever barred.

If this arbitration provision is found to be null and void, then all disputes will be subject to the jurisdiction and the law of the state and federal courts located in Austin, Texas, and you submit to the personal jurisdiction and venue of these courts. All disputes will be governed by and construed in accordance with the laws of the State of Texas, without regard to or application of any conflicts of law rules or principles.

In the event of any litigation or arbitration arising from or related to these Official Rules, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.

11. WINNER’S LIST: For a winners’ list, no later than 60 days after the close of the Promotion, email support@agentadvice.com. Limit one (1) request per email address.
12. PRIVACY POLICY: Please see Sponsor’s privacy policy located at https://www.agentadvice.com/terms-of-use-privacy-policy/ for details of Sponsor’s policy regarding the use of personal information collected in connection with this Promotion. By entering the Promotion, Participants agree that any personal information submitted by Participants may be shared by Sponsor as stated in the privacy policy, including to effectuate the Promotion administration.
13. AGENT ADVICE’S TERMS OF USE: The Agent Advice’s Terms of Use located at https://www.agentadvice.com/terms-of-use-privacy-policy/ are incorporated by reference herein and made a part of these Official Rules.
14. SPONSOR & ADMINISTRATOR: AgentAdvice.com.