Acceptance Of Terms
Description Of Services
As our customer, Agency Heroes provides you and your company with live chat agents available on your nominated website using the information provided by you during your account set up. The standard hours of services are 24/7. This service is subject to the TOU, as revised from time to time. The customer acknowledges that Agency Heroes does not operate or exercise control over, and accepts no responsibility for the content of the customer’s visitor chat text received on the system.
Agency Heroes will use reasonable care and skill when providing the services but does not guarantee that the services shall be continually available to the customer. There may be occasions when the service is disrupted through an error or act of the customer or another third party, or, circumstances outside the reasonable control of Agency Heroes.
The services are supplied subject to the condition that there will be no abuse or fraudulent use thereof. Abuse and fraudulent use of the service shall include (without limitation):
- Obtaining or attempting to obtain the service by rearranging, tampering with, or making connection with any facilities of Agency Heroes, or by any trick, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever, with intent to avoid payment, in whole or in part, of the regular charges for the service;
- Agency Heroes shall take reasonable steps to protect the customer’s information; however the customer acknowledges that the Internet is not secure and, accordingly, Agency Heroes cannot guarantee the privacy of the customer’s and customer’s website chat information.
- The service is provided on the condition that the customer shall use the service in accordance with the acceptable use policy of Agency Heroes.
The service requires you or your company to register. You and your company must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form or account manager. You and your company are entirely responsible for any and all activities that occur under your account.
Company’s Compliance With Laws
As a condition of using the service, you and your company shall, as required by applicable law, provide notice to your customers and obtain consent, if required, for use of Agency Heroes service, comply with any limitations or restrictions set forth in these TOU and the Agreement and use the service only in compliance with applicable law.
Misuse Of Communications
The service contains message and communication facilities designed to enable you or your company to communicate with others. You and your company agree to use the services only to post, send and receive messages and material that are proper and permitted by applicable law. By way of example, and not as a limitation, you agree that when using the services, you and your company will not:
- Violate any law, statute, ordinance or regulation.
- Violate any patent, trademark, trade secret, copyright, right to privacy, publicity, or other proprietary right of any party.
- Reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source code of any part of Live Sales Support systems.
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or to commit fraud.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Send or otherwise make available any inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic, name, material or information.
- Send or otherwise make available any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong.
Monitoring Of The Service
Agency Heroes has no obligation to monitor the service; however, Agency Heroes reserves the right to review materials sent through the service and to remove any materials in its sole discretion.
Agency Heroes does not control or endorse the content, messages or information found in any chat service. Therefore, Agency Heroes specifically disclaims any liability regarding such content, messages or information.
Remedies For Misuse
Without limiting other remedies, Agency Heroes may limit, suspend or terminate the services and your company’s accounts, delay or remove your company’s content, or use other technical and legal measures to stop you and your company from causing harm, if Agency Heroes believes that your company’s activities are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these TOU.
Except as expressly warranted in the agreement, all services are provided “as is” and Agency Heroes hereby disclaims all warranties and conditions with regard to the services, whether express, implied or statutory, including all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Limitation of Liability
Except as otherwise expressly stated in the agreement, in no event shall Agency Heroes or its respective suppliers be liable for any damages whatsoever arising out of or in connection with the use or performance of the service, including, but not limited to, damages for loss of use, data or profits or direct, indirect, incidental, special or consequential damages. This disclaimer of liability applies to all causes of action, whether in contract, tort (including negligence) or otherwise and regardless of whether any remedy fails of its essential purpose.
Termination by Your Company
If you or your company wish to terminate the service for any reason, you must formally notify Agency Heroes via post or e-mail of no less than one (1) calendar month. Notices should be sent to:
Agency Heroes LLC
5301 North Federal Highway
Boca Raton, FL 33487
E-mail – [email protected]