General Terms of Use

Welcome to the The Agency Website. By using the The Agency Website YOU AGREE TO BE BOUND BY ITS TERMS OF USE (explained below), PRIVACY STATEMENT and all disclaimers and terms and conditions that appear elsewhere on the The Agency site. The policies of The Agency Products or services may differ substantially from those applicable to your use of the The Agency website.

References to The Agency herein refer to The Agency, Inc., theagency.com, affiliates, subsidiaries, partners and designees of The Agency.

Questions regarding this Policy should be directed to the following address:

The Agency
303 Park Ave S. Suite 1100
New York, NY 10010
support@theagency.com

The Agency reserves the right to make changes to the The Agency website and these Terms of Use and Privacy Statement at any time. Each time you use the The Agency website, you should visit and review the then current Terms of Use and Privacy Statement that apply to your transactions and use of this site. If you are dissatisfied with the The Agency website, its content or Terms of Use and Privacy Statement, you agree that your sole and exclusive remedy is to discontinue using the The Agency website.

Electronic Communications

Your use of the The Agency website, and your email(s) and/or text message(s) to us, are electronic communications by you to The Agency. You consent to receive communications from The Agency in electronic form. We will communicate with you by e-mail, by posting notices on this and other websites, text or other mobile message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy

We encourage you to read our Privacy Statement to make an informed decision when using the The Agency website. The Privacy Statement (http://theagency.com/privacy-policy) is incorporated herein by reference.

Website Uses and Restrictions

Your permission to use the The Agency website is conditioned on your agreement that:

  • you are at least 18 years of age;

  • you have read and agree to the The Agency website Terms of Use and Privacy Statement and will comply with all obligations and restrictions;

  • you are able to, and authorized, to create a binding legal obligation;
  • your agreement, acknowledgement and acceptance for the purchase of, or agreement for, any product, services, terms, conditions, pricing, and/or restrictions may be evidenced by clicking .I Agree. or .Accept. or .Submit. or .Purchase. or .Complete. and you agree that such an action will be considered and treated the same as though you physically signed such purchase or other agreement pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. Secs 7001, et seq.,
  • you will use the website for your own use and will not provide information about any other person or that is inaccurate and/or incomplete or otherwise conduct fraudulent activities;
  • you will not tamper with the site.

Website Transactions

Any Product or service transactions available through the The Agency Website (.Transaction(s).) are subject to the The Agency Terms of Use, Privacy Statement, and all disclaimers and terms and conditions that appear elsewhere on the The Agency site. The Transactions may include limitations on dates, times, services, or availability indicated in the details, specific terms, or related electronic communication you receive from The Agency. You agree that all Transactions are non-refundable, unassignable, non-transferrable, and may be further limited by the Transaction details. Subject to availability and in The Agency sole discretion, you may be able to pay for your Product or service Transaction with major credit cards issued in the United States of America. Credit and debit cards will be charged at the time order is placed and card is authorized.

Validating Your Transaction

After you place an order, The Agency will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Agency reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Intellectual Property

The The Agency website, and all content contained therein, is intellectual property, including but not limited to copyright, trademark, trade dress, trade name, service mark, and trade secrets, owned by The Agency in the US and/or other countries. ANY COPYING, DISTRIBUTING, POSTING, LINKING, OR OTHERWISE MODIFYING THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE AGENCY IS PROHIBITED.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER THE AGENCY, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS), SERVICE, PRODUCTS OR TRANSACTIONS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN .AS IS. AND .AS AVAILABLE. BASIS. THE AGENCY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL THE AGENCY, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE. IN NO EVENT WILL THE AGENCY. LIABILITY IN CONNECTION WITH A TRANSACTION OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH TRANSACTION, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

Errors on Our Site and Digital Millennium Copyright Act Notice (DMCA)

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and The Agency reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and whether or not you have been charged.If you believe that any material on, in, or connected to the The Agency website constitutes copyright infringement, you shall provide The Agency with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for The Agency. DMCA Agent for notice of claims of copyright infringement is:

The Agency
303 Park Ave S. Suite 1100
New York, NY 10010
support@theagency.com