AWERKAMP, GOODNIGHT, SCHWALLER & NELSON, P.C.
D/B/A AGSN, P.C.
TERMS OF SERVICE

Last Updated January 22, 2021

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING, ACCESSING, OR DOWNLOADING ANY PART OF THE AWERKAMP, GOODNIGHT, SCHWALLER & NELSON, P.C. D/B/A AGSN, P.C., WEBSITE.

 

The following terms and conditions (these “Terms”) govern the use of agsn.com, any affiliated sub-domains, any affiliated websites, and any other websites on which these Terms are posted, including any mobile applications or websites (collectively, the “Website”). The Website is owned and operated by Awerkamp, Goodnight, Schwaller & Nelson, P.C. d/b/a AGSN, P.C. (“AGSN,” “us,” or “we”). By  continuing to access the Website, submitting any information to or through the Website, or accessing or utilizing any features of the Website that may be offered from time to time, you (the terms “you” or “yours” includes the person or entity, including employees, officers, or agents thereof, that is accessing the Website, as well as any third-parties accessing the Website on your behalf) are stating that you agree to be bound by these Terms governing the use of the Website. Use of the Website is offered to you conditioned on your acceptance without modification of these Terms, as updated from time to time. AGSN reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Website, at any time, by posting the new terms on the Website. You understand and agree that your access to or use of the Website is governed by the then-current Terms that are effective at the time of your access to or use of the Website, and you agree to be bound by the Terms then in effect at the time of your access to or use of the Website.

  1. Access to Website

Refusal of Service. We reserve the right, with or without notice to refuse access to the Website or service to any persons that violate these Terms, violate any party’s intellectual property rights, abuse other users of the Website, misuse the Website, or otherwise engage in inappropriate conduct, as determined by AGSN in its sole discretion.

Information Submission and Age Restriction. By submitting any information, including any contact information or User Content (as defined below) through the Website, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your state, you are at least 13 years of age or older and either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Website. 

  1. No Advice

Informational Purposes Only.  AGSN has created and provides you access to this Website for informational purposes only. All information presented through the Website, including, without limitation, any newsletters, articles, papers, blogs, posts, or other information accessible or downloadable, is presented solely for informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and it is not intended to constitute legal, accounting, tax, marketing, or other professional advice. We recommend seeking legal, tax, accounting, or other professional advice or services before making any decision relating to matters or information presented on the Website, and any reliance you place on such information is solely done at your own risk. We disclaim all responsibility arising from any reliance placed on such materials or information by you or any other visitor or user of the Website, or by anyone who may be informed of any of its contents. 

III. Proprietary Rights

Intellectual Property.  The Website and its entire contents, features, and functionality (unless otherwise so designated), including, but not limited to, all information, text, displays, images, video and audio, and the design, selection, and arrangement thereof, is either owned by, or licensed for use by, AGSN and are protected by international, U.S., and state intellectual property law, including, but not limited to, copyright, trademark, patent, trade secret, and/or proprietary rights law (collectively, “Intellectual Property Rights“). AGSN expressly reserves all right, title, and interest in and to the Website and the Website’s content, including all Intellectual Property Rights thereto. You agree not to copy, reproduce, download, photograph, or likewise recreate the Website, or any content contained thereon or provided thereby, without the express prior written consent of AGSN. Notwithstanding the foregoing, we may, from time to time, post third party articles or materials to the Website for informational purposes. We do not warrant the accuracy, truthfulness, or trustworthiness of such third-party content, and you read and rely on such content entirely at your own risk. Any third-party content we make available on the Website is solely the property of that third party, including all Intellectual Property Rights pertaining thereto, and you may not download, capture, reproduce, or otherwise copy any such materials without the permission of the applicable third party.

Access and Use of the Website. Subject to, and in accordance with, these Terms, AGSN grants you limited, nonexclusive, and revocable license to access and utilize the Website solely for your own personal or internal business informational purposes. AGSN reserves all rights not expressly granted to you hereunder. Your license to access and use the Website is automatically revoked if you violate any of these Terms. AGSN reserves the right to revoke your license to access or use the Website at any time for any reason and without notice.

  1. Third Party Services

Disclaimer of Third Parties.  The Website may use or provide access to one or more third parties to provide you additional services or features, process payments, or process account or user registrations. Your interactions with third parties are controlled by the terms and conditions imposed by those third parties. Any disputes related to a third party’s services must be resolved directly between you and the third party. AGSN disclaims all warranties or representations regarding any third-party services. We, in our sole discretion and without notice to you or any user, may subcontract any services for or features of the Website, in which case such services or features may be performed or implemented by a third party.

Hyperlinks.  The inclusion of any links contained on the Website to a non-AGSN website does not mean that AGSN endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses, malware, and other items of a destructive nature. Additionally, we suggest you review any linked website’s own terms of service and privacy policy, and if you do not agree to be bound by the terms of that website, that you immediately terminate your visit to said website. We are in no way responsible for the privacy policy, terms, or data collection and distribution practices of the websites operated by our business partners or third-party affiliates, or any other third-party website. AGSN expressly disclaims any liability related any website not operated solely by AGSN. AGSN also prohibits unauthorized hyperlinks to the Website by any third party or on any third-party website, or the framing of any content available on the Website. AGSN expressly reserves the right to disable, or take any such actions necessary to disable, any such unauthorized links or frames. Additionally, the Website may include links to third party websites that provide information. Those third-party websites are beyond AGSN’s control and AGSN in no way warrants or guarantees that those third parties or the information they provide are accessible or accurate. 

  1. User Conduct

Prohibited Uses AGSN maintains the Website for informational, educational, and communication purposes and grants you the license described in Section IV to use the Website, subject to all applicable law and these Terms, for your personal or internal business informational purposes. This license is provided on the conditions that you do not remove any copyright or other proprietary notices contained on the Website, that you do not distribute, modify, copy, transmit, publish, license, create derivative works from, sell, or otherwise use the content of this Website without express prior written permission of AGSN. Download or use of any images, videos, or other data displayed on the Website, by you, or anyone else authorized by you, is prohibited absent the express prior written consent of AGSN. You further agree not to use the Website in any way that violates applicable federal, state, administrative, local, or international law, regulation, rule, or policy (including, without limitation, any laws regarding the export of data to and from the U.S. or other countries)

 

Without limiting the foregoing, you agree not to engage in any of the following activities while using or accessing the Website: (i) use any incomplete, false, or inaccurate information for purposes of self-identification or for contacting AGSN for purposes of obtaining advice; (ii) harvest or otherwise collect information about others, including email addresses or personally identifiable information, without their prior consent; (iii) take any action that imposes an unreasonably or disproportionately large load on the Website and/or its infrastructure, including using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any party’s use of the Website, including their ability to engage in real time activities through the Website; (iv) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website, or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (v) use the Website to impersonate or attempt to impersonate AGSN, an AGSN employee, an agent of AGSN, or any other person or entity; (vi) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (vii) otherwise attempt to interfere with the proper working of the Website; (viii) access or attempt to access data not intended for you or other end users; (ix) attempt to probe, scan, or test the vulnerability of a system or network to breach or circumvent security, authentication, or verification measures; or (x) attempt to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus or other malware to the Website, or overloading, flooding, spamming, mailbombing, or crashing the Website.

 

AGSN may investigate any occurrences that potentially involve any such violations of the above and may involve and/or cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Further, AGSN reserves the right to review all postings on, or content submitted to or transmitted through, the Website, and to remove any data or content and terminate your ability to post/submit to or transmit through the Website at any time without notice, in its sole discretion. AGSN also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or other materials in whole or in part.

 

Accuracy of Information. To the extent that you provide information to AGSN through the Website or via the Website’s features, you warrant that any such information is accurate, and that you are not impersonating or otherwise misrepresenting your identity or your affiliation with any person, organization, or entity.

  1. Warranties, Disclaimers, Indemnification, and Limitations

 

Representations, Warranties, and Disclaimers.  AGSN does not represent or warrant and expressly disclaims any warranty that (i) any information on or provided by the Website will be accurate, (ii) the Website will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Website or the server that host the Website, are free of viruses, malware, or other harmful components, (v) the use or the results of the use of the Website or the products or services advertised on or made available through the Website will be correct, accurate, timely, or otherwise reliable, or (vi) that the Website will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Website may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within control of AGSN. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Website, malfunctions in the Website, its coding, or its host server, limitations due to your particular computer or mobile device, or any other reason which may prevent the Website from being accessible at all times. AGSN disclaims any liability as a result of any user’s inability to access or use the Website at a particular time, location, on a particular device, or using a particular wireless provider.

 

Further, AGSN expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, sold, offered, reviewed, recommended, linked to, or pictured on or through the Website. AGSN does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user’s needs, are appropriate for any particular use, or are of any certain quality. AGSN does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will AGSN be responsible for any loss or damage resulting from any person’s reliance on any such product or service descriptions, reviews, or specifications contained on the Website.

 

YOUR USE OF THE WEBSITE IS AT OUR OWN RISK.  THE WEBSITE AND ANY PRODUCTS ADVERTISED OR SOLD THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY AGSN EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. AGSN DOES NOT WARRANT THAT THESE SERVICES OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR ADVERTISED OR AVAILABLE SERVICES OR PRODUCTS, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE WEBSITE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR PROVIDING ACCESS TO THE WEBSITE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. 

 

Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, AGSN, ITS OFFICERS, DIRECTORS, OR ANY OF THEIR RESPECTIVE AGENTS WILL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO USER FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITEOR THE INFORMATION PROVIDED THEREON, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. MOREOVER, UNDER NO CIRCUMSTANCES WILL AGSN’S TOTAL LIBAILTY OF ALL KINDS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL SUM OF ONE HUNDRED DOLLARS AND 00/100 ($100.00). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, A DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES REPRESENTS AN AGREED ALLOCATION OF THE RISKS OF THESE TERMS BETWEEN YOU AND AGSN. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE LICENSE AGSN HAS GRANTED YOU TO VIEW AND USE THE WEBSITE. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, AND EACH OF THESE PROVISIONS WILL APPLY.

 

AGSN, ITS EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, OR OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR (I)THE CONDUCT OF ANY THIRD PARTY OR OTHER USERS, OTHER THAN AGSN, IN CONNECTION WITH THE USE OF THE WEBSITE; OR (II) ANY RELIANCE ON CONTENT GENERATED BY THIRD PARTIES AND OTHER USERS OF THE WEBSITE.

 

Indemnification. Upon request by AGSN, you agree to defend, indemnify, and hold harmless AGSN, its subsidiaries, affiliates, officers, directors, and agents or other partners and employees, at your expense, from all liabilities, claims, actions, proceedings, suits and expenses, including all court costs and reasonable attorneys’ fees, made by any third party due to, arising out of, or ancillary to (i) your submission, posting, or transmitting of any information or content to or through the Website, (ii) your use of the Website, (iii) actions, interactions, and/or omissions taken by and between you and third-parties, (iv) your violation of these Terms, (v) your violation of law, or (vi) your violation of any rights of another. User indemnification obligations under these Terms shall extend to claims arising before and after the termination of the agreement represented by your acceptance of these Terms until all such claims are finally adjudicated and/or resolved. AGSN reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under these Terms. No settlement of any claim contemplated by this section shall be consummated without AGSN’s express written authorization, which shall not be unreasonably withheld. User shall immediately notify AGSN of any current, impending, or potential legal action against it by a third party for matters related to the Website, or for any claim arising out of your or AGSN’s obligations under these Terms.

VII. Your Warranties

By using or accessing the Website, you warrant that (1) these Terms are legally binding upon you and enforceable against you; (b) any information you submit to or through the Website is accurate, and that you are not impersonating or otherwise misrepresenting your identity or your affiliation with any person, organization, or entity; and (c) you are at least 18 years of age.

VIII. Testimonials and Feedback

Testimonials.  If you Post or otherwise transmit to AGSN a testimonial statement with respect to any AGSN services or products, you grant, and warrant and represent that you have the right to grant, AGSN a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement for any purpose, including posting on the Website or use in any AGSN advertising materials. By posting, sending, or uploading any testimonials, you represent that the testimonial statement is true, that you used the service or product as directed, and that the testimonial accurately depicts your experience using the service or product. If you no longer wish AGSN to use your written testimonial statement, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement. If you received any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial.

Feedback. By sending us any ideas, suggestions, documents, or proposals (collectively, “Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against AGSN and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.

  1. PRIVACY POLICY

This Section shall constitute AGSN’s Privacy Policy, which is fully incorporated into these Terms. Please read the Privacy Policy before accessing the Website or its features or providing any personal information to or through the Website.

 

AGSN is committed to protecting the privacy, accuracy, and reliability of any personal information you provide, and to using reasonable efforts to safeguard such information from loss, misuse, or unauthorized access, disclosure or alteration. By providing any personal or non-personal information to the AGSN to or through the Website, you automatically grant, and warrant and represent that you have the right to grant, the AGSN a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to collect, store, use, reproduce, disclose, transfer, and disseminate the collected personal and non-personal information of you and others in order to provide any services contemplated under these Terms or for which you provide such information, to send communications to you and others, or for any other lawful purpose in AGSN’s sole discretion. By accessing or using the Website, or by submitting any information through the Website, you are consenting to the information collection, use, and disclosure practices described in this section and in these Terms at large.

 

AGSN may collect a variety of information from you, including, but not limited to, contact information, identification information, financial information, reference information, and web user information. Choosing not to provide and/or keep up to date any of this information where requested may impact your access to the Website and/or some of its features. 

 

AGSN, or other third parties assisting AGSN, may use cookies, web beacons, local shared objects (sometimes called “flash cookies”), or other similar technology in connection with your use of the Website (collectively, “Cookies“). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails AGSN sends to you, and on our web pages. Cookies may transmit information about you and your use of the Website. Cookies may track activities over time and across websites or applications. The function and duration of Cookies vary. For more information about the particular cookies currently used on this website, please use your web browser’s functions to view the Cookies stored on your computer or device or used by the Website.

 

AGSN may contact you via any method of communication you submitted through the Website, including, but not limited to, mail, email, cell phone, or text message. By providing AGSN your contact information, you agree to receive communications from the AGSN or other third parties who obtained your contact information from AGSN.

 

AGSN’s general policy is not to use or disclose confidential or non-public information we receive from you through the Website except for those usual and appropriate uses or disclosures that are reasonably necessary to provide you access to the Website or respond to your requests, including, but not limited to, the display and disclosure of your information in the providing you access to the Website, the maintaining of accurate contact information , the provision of confirmations and statements, and the provision of access to data and for record keeping. AGSN may also share information with its affiliates to provide related offers, discounts, or promotions for affiliates’ related services. We may also share with third parties certain pieces of aggregated, non-personally identifiable information. Such information does not identify you individually or compromise any aspect of your confidential information or transactions. We may also disclose some information to trusted third parties who assist us in operating the Website and ancillary functions. These service providers are not permitted to use your information except to help us conduct and improve our business. We may also release your information when we believe release is appropriate to comply with the law, enforce our Website policies, or protect ours or others’ rights, property, or safety.

  1. MISCELLANEOUS

These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between you and AGSN concerning the Website and all other subject matter contained herein and supersedes all prior agreements and representations between the parties. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default does not constitute a waiver of any subsequent default. The relationship between AGSN and you by your utilization or access of the Website is not one of a fiduciary, independent contractor, employee/employer, or of a legal partnership relationship. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. These Terms shall be governed by and construed under the laws of the state of Nebraska without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the state and federal courts located in Douglas County, Nebraska. Any notices to AGSN must be sent to:

AGSN, P.C.

Attention: Steve Drucker

17007 Marcy Street, Suite 1

Omaha, NE 68118

 

via first class or air mail or overnight courier and are deemed given upon receipt.