AG Finance Terms of Service
The AG Finance website is comprised of web pages operated by AG Finance Inc., a privately held company in Pasig City, Philippines. Use of the AG Finance website signifies your acceptance and agreement, without limitation or qualification, to be bound by the following terms and conditions (the "Terms of Service").
Changes to Terms and Conditions
We reserve the right to modify the Terms of Service at any time without notice. You are responsible for reviewing the Terms of Service regularly so that you will be informed of any changes.
We reserve the right to modify or terminate the whole, or any part of the AG Finance website for any reason, and without notice, without liability to you, any other Member or any third party.
You may not use the AG Finance service for any purpose that is unlawful or prohibited in the Terms of Service. This Agreement, your use of the Website, and all related matters shall be governed solely by the laws of the Pasig City, Philippines and the applicable federal laws of Philippines, without regard to the conflicts of law provisions of any jurisdiction. You are solely responsible for your conduct and compliance with your applicable local laws. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province in the City of Pasig in relation to all disputes arising from or related to this Agreement, your use of the Website and any related matters.
You agree to defend, indemnify and hold AG Finance Inc. its affiliates, suppliers, licensors, licensees, co-branders, information providers, service providers, partners, directors, officers, employees, agents and other related parties, harmless from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys fees and expenses, in connection with any claim or demand arising from, related to, or in connection with, your: (a) violation of the Terms of Service, (b) use of the AG Finance website, or (c) placement, posting or transmission of any message, information, software or other material on or through the AG Finance website. Further, you will assist and cooperate as fully as reasonably required by AG Finance Inc. in the defense of any such claim or demand.
You may not copy, adapt, transmit, display, or sell any of AG Financeís proprietary information without expressed permission by AG Finance, Inc.
All information and content contained on, or made available through AG Finance are subject to copyright protection. Copying, republication, or redistribution of such content is prohibited without expressed permission by AG Finance, Inc.
YOU UNDERSTAND AND AGREE THAT USE OF THE AG FINANCE WEBSITE IS AT YOUR OWN RISK.
THE AG FINANCE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION, WARRANTY OR CONDITION REGARDING THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AG FINANCE, INC. MAKES NO CONDITION, REPRESENTATION OR WARRANTY THAT: THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, OR TIMELY; THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, MALICIOUS SOFTWARE OR DISRUPTIVE COMPONENTS; THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; OR THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.
Limitation of Liability
AG FINANCE, INC. WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR ANY DAMAGES FOR LOSS OF USE, PRODUCTION, INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), SAVINGS OR GOODWILL, ECONOMIC LOSS, OR OTHER INTANGIBLE LOSS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY AG FINANCE, INC. ITS EMPLOYEE OR REPRESENTATIVES, AND NOTWITHSTANDING THAT AG FINANCE, INC. MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLY ACKNOWLEDGE THAT AG FINANCE, INC. HAS ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE WEBSITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AG FINANCE, INC. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
PLEASE NOTE THAT THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS. SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU.
The Terms of Service constitutes the entire agreement between AG Finance Inc. and you pertaining to your use of the AG Finance website and supersedes any prior agreements between you and AG Finance, Incís failure to insist upon or enforce strict performance of any right or provision of the Terms of Service shall not constitute, or be construed as, a waiver of any right or provision. If any provision or parts thereof, in the Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions, or parts thereof, contained herein. You and AG Finance, Inc. are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Terms of Service or your use of the AG finance website. The parties have expressly requested and required that the Terms of Service and all other related documents be drawn up in the English language.