Effective as of July 24, 2023
Effective as of July 24, 2023
Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before accessing or using the website (accessible at www.exuberanceagency.com) operated by Exuberance Agency (“us,” “we,” “our,” or the “Company”). By accessing or using the website, you represent and warrant that you have the right, authority, and capacity to consent to these Terms and agree to be bound by these Terms in their entirety. If you disagree with any part of the terms, you are not authorized to access or use the website.
By using or accessing the website, you represent and warrant that: (a) you are 18 years of age or older; (b) if you are under the age of majority in your jurisdiction, you have the authorization of your parent or legal guardian to use and access the website and to agree to these Terms; and/or (c) you will use the website in accordance with these Terms.
Website and Other Intellectual Property This website is owned and operated by Exuberance Agency. As used in these Terms, all its original content, features, and functionality—which also refer to the logos, designs, text, graphics, software, and other materials available through the website—are and will remain the exclusive property of Exuberance Agency and its licensors. Unless explicitly stated otherwise, any features, functionalities, and/or services that augment or enhance the website in the future shall be considered part of the website and subject to these Terms. Exuberance Agency provides the website and its content for informational purposes only. You may not copy, distribute, or use any part of the website or its content for any commercial purpose without our prior written consent. You may use the website only for lawful purposes in accordance with these Terms and Conditions. You agree NOT TO use the website:
In any way that violates any applicable federal, state, local or international law or regulation,
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise,
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation,
To impersonate or attempt to impersonate Exuberance Agency, an Exuberance Agency employee, another user, or any other person or entity,
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by Exuberance Agency, may harm Exuberance Agency or users of the website, or expose them to liability,
To enclose our or our clients’ names, trademarks, logos and/or other proprietary information (including any content) without our express written consent.
License Grant
We grant users like you a limited, nonexclusive, non-transferable license to access and use the website (including any content) strictly in accordance with these Terms. We may terminate this license at any time for any reason. You may use the website for your own personal, non-commercial use. No part of the website may be reproduced in any form or incorporated into any information-retrieval system, electronic, mechanical, or otherwise, without our express written permission. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, and/or transfer the website or any portion thereof. You may not use any device, software, and/or routine to interfere or attempt to interfere with the proper working of the website, and you may not take any action that imposes an unreasonable or disproportionately large load on our systems.
Third-Party Websites, Links, and Content
Our website may contain links to third party websites or other services that are not owned or controlled by Exuberance Agency. Exuberance Agency has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Exuberance Agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
Indemnification
You agree to defend, indemnify and hold harmless Exuberance Agency, Inc. and its respective parent companies, affiliates, subsidiaries and other related entities, licensees and licensors, and their employees, contractors, agents, officers, directors and other representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the website and services, or b) a breach of these Terms. As part of your indemnification obligations, you agree to indemnify Exuberance Agency from any claims or suits arising from any materials you provide us.
Limitation of Liability
You expressly acknowledge and agree that you assume total responsibility and risk for your use of the website and the results and performance thereof (including your use of any content, applications, websites, and/or any goods or services you may receive in connection with the website and/or links contained within the website).
In no event shall Exuberance Agency, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the website; (b) any conduct or content of any third party on the website; (c) any content obtained from the website; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have 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.
Modification of These Terms and/or the Website
If you do not agree with any of these terms, please do not use the website. We reserve the right, at our sole discretion, to modify these Terms at any time without further notice. The most recent modification date will be noted by the Effective Date above.
Your continued use of the Website after any such modification constitutes your acceptance of these Terms as modified. We may, at our sole discretion, terminate, change, modify, suspend, make improvements to, and/or discontinue any aspect of the website, temporarily or permanently, including the availability of any features of the website or access to any part of the website, at any time with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuance, and/or termination of the website.
Our Privacy Policy
For information about our privacy practices, please read our Privacy Policy at www.exuberanceagency.com/privacy. Our Privacy Policy is incorporated into these Terms and explains how we collect, use, share, and secure your personal information in connection with the website. By using the website, you agree to the terms of our Privacy Policy.
Contact Us About Our Terms and Conditions
If you have any comments or questions regarding our Terms and Conditions, you may contact Exuberance Agency by sending an email to inquiries@exuberanceagency.com.
