When our terms mention “AGENTAHUB,” “Company”, “we”, “our”, or “us” within this document, we are referring to AGENTAHUB, LLC, a Missouri limited liability company.
When we say “Service”, or “Services” we mean any and all websites, applications and digital products provided by AGENTAHUB.
When we say “You” or “Your”, we’re referring to the people (agents) or organizations (agencies) that have created an account with our service.
The Services
The Services provide a collection of tools and resources for Medicare insurance agents, including asset management, databases, and workflows for managing activities surrounding sales activities and customer relationship management functions.
By subscribing or using any of the Services you agree to be bound by these Terms and the Company’s Privacy Policy, found at www.agentahub.io, incorporated in these Terms by reference. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and that you have the authority to bind that organization to these Terms (in which event, "you" and "your'' will refer to that organization) unless that organization has a separate agreement in effect with us, in which event the terms of that contract will govern your use of the Services. You may use the Services only in compliance with these Terms and our Privacy Policy and only if you have the power to enter into a contract with AGENTAHUB and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES.
AGENTAHUB is continually improving our Services and we reserve the right, at our sole discretion, to make changes, updates, or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. AGENTAHUB will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, AGENTAHUB may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.
You are responsible for maintaining the confidentiality of any system credentials including usernames, passwords associated with any account that you use to access the Services and for any activities or actions under your password. AGENTAHUB will not be responsible for any breaches of security due to your failure to do so.
You are responsible for all information and data posted to the platform along with all interactivities that occur within the account. That includes all information posted by your agents.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
If you believe that the security of your account has been compromised in any way, you must notify AGENTAHUB immediately by emailing us at support@AGENTAHUB.com. Failure to do so is a breach of the Terms of Service.
AGENTAHUB has the right to disable any username, password, or other identifier, whether chosen by you or provided by AGENTAHUB, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Subscriptions
Payments for subscription to the Services will be set with monthly recurring or annual options and will automatically be renewed unless otherwise canceled by you or AGENTAHUB under our Termination Policy.
If payments are not received, your account may be suspended. You will not be allowed to use the Services until full payment is received, and your account is current. If the account has been inactive for one year, it will be subject to cancellation.
All fees are exclusive of taxes or duties imposed by taxing authorities. You are responsible for payment of taxes or duties.
We process refunds according to our Refund Policy.
Refund Policy
No Refunds. You may cancel your AGENTAHUB paid account at any time, but you won’t be issued a refund unless it’s legally required.
Intellectual Property Rights; Acceptable Use
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by AGENTAHUB, its licensors, or other providers of the material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Services for your internal business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Services for your own internal business use and not for further reproduction, publication, or distribution.
- If AGENTAHUB provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own internal business use, provided you agree to be bound by AGENTAHUB’s end user license agreement for such applications.
- If AGENTAHUB provides social media features with certain content, you may take such actions as are enabled by such features.
You shall not:
- Modify copies of any materials from the Services.
- Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
You shall not access or use for any commercial purposes, other than your internal business use, any part of the Services or materials available through the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Service, your right to use the Services will cease immediately and you shall, at AGENTAHUB’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by AGENTAHUB. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
This is an agreement for Services, and you are not granted a software license by this Agreement. You will not attempt to reverse engineer, decompile, or attempt to view or capture the source code or underlying structure. You shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, data mining tools, or the like) to "scrape" or download data from any web pages or applications contained within the Website and underlying applications and databases.
Data that was provided by you such as your customers, clients, appointment data and any other account-specific data is your data and is not restricted in any way by the Terms. Physician, drug, and formulary data that was not provided by you, and is provided through the website, is only to be used in conjunction with Services, and may not be downloaded for use on any other website or for any other purpose. You represent, covenant, and warrant that you will use the Services only in compliance with these Terms. You hereby agree to indemnify, defend and hold harmless AGENTAHUB and its partners and the respective members, managers, directors, officers, employees, contractors, and agents of each against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing.
You agree that we may collect and use data derived from the Services, including data about any Users, access, and use of the Services, that has been anonymized, aggregated, or otherwise de-identified such that the data cannot reasonably identify a particular customer, client, or user. De-identified data will have all direct and indirect personal identifiers removed, including but not limited to name, ID numbers, date of birth, demographic information, medical information, location information, and company. We may use such data to operate, analyze, improve, or market our Services.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. In that event we will notify the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
Cancellation
Account owners are directly responsible for properly canceling their account. You can find instructions on how to cancel your account within your account profile section. For help canceling your account, you can reach out to our Support Team at support@AGENTAHUB.com.
All information and data will be inaccessible from our Services immediately upon cancellation. Within a 60-day period, all account details and information will be permanently deleted from the AGENTAHUB platform and our backups. This means that data will not be able to be recovered once it is permanently deleted.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, your right to use the Services will immediately cease.
We reserve the right to terminate and delete your account including all activity and data if you haven't renewed your subscription for Services for 12 consecutive months. We will provide you with notice via the email address associated with your account before we do so.
We reserve the right to terminate or suspend any account and refuse current and future use of our Services at any time for any reason. Suspension means that the account owner will not have access to our services and data. Termination will result in the deletion of the account and forfeiture from your data within the account.
Any verbal, physical, written or any kind of abuse including threats to any Company employee or officer will result in immediate account termination.
Without limiting the foregoing, the Company may cooperate fully with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Copyright; Trademarks
All content posted on AGENTAHUB’s platform must comply with U.S. copyright law.
We claim no intellectual property rights over the material you provide to AGENTAHUB’s platform. All materials uploaded remain yours.
You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes. Please contact us for requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.
You must not modify another website so as to falsely imply that it is associated with AGENTAHUB platform or Service.
AGENTAHUB’s logo and all related names, logos, product and service names, designs, and slogans are trademarks of AGENTAHUB or its affiliates or licensors. You shall not use such marks without the prior written permission of AGENTAHUB. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Warranty
AGENTAHUB provides the Services “As Is”, ``As Available”, and “All Faults”. You expressly agree that your use of the site and Services are at your sole risk. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and the accuracy of the formulary drug pricing and physicians data. We will not be liable for damages of any kind arising from the use of the site or Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AGENTAHUB, ITS AFFILIATES, CONTRACTORS, OR PARTNERS BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
AGENTAHUB SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICES, OBLIGATIONS UNDER THESE TERMS OF SERVICE OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF AGENTAHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF AGENTAHUB TO THE CUSTOMER FOR ANY REASON OR CAUSE OF ACTION SHALL BE LIMITED TO THE LESSER OF THE AMOUNT OF $100 OR THE AMOUNTS PAID BY THE CUSTOMER TO AGENTAHUB FOR THE PAST 12 MONTHS OF SERVICE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
Governing Law: Jurisdiction; Severability; Waiver
These Terms shall be governed and construed in accordance with the laws of Missouri, United States, without regard to its conflict of law provisions.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri. If federal jurisdiction does not lie, then legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the courts of the State of Missouri. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have between us regarding the Services.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 business days’ notice via email, website and / or blog posts, prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services.
Contact Us
If you have any questions about these Terms, please contact us at support@AGENTAHUB.com.
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