Terms and Conditons
Conditions of Use
By using the services of Agora Exchange, you agree, on behalf of yourself and all members of
your household, business, and others who use any Service under your account, to the following
conditions.
Please read these conditions carefully.
ELECTRONIC COMMUNICATIONS
When you use Agora Exchange, or send e-mails, text messages, and other communications from
your desktop or mobile device to us, you may be communicating with us electronically. You consent
to receive communications from us electronically, such as e-mails, texts, mobile push notices, or
notices and messages on this site or through Agora Exchange services, such as a Message Center, and
you can retain copies of these communications for your records. 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.
All content included in or made available through Agora Exchange, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations, and software is the
property of Agora Exchange or its content suppliers and protected by United States and
international copyright laws. The compilation of all content included in or made available through
Agora Exchange is the exclusive property of Agora Exchange and protected by U.S. and international
copyright laws. All other copyright not owned by Agora Exchange or its content supplies that appear
in any Agora Exchange service are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Agora Exchange. This provision is not intended to
apply to any content or copyrighted material belonging to Sellers of Agora Exchange. However,
Sellers shall not use Agora Exchange in any manner that violates United States or International
copyright laws and if such violation is suspected or discovered, Agora Exchange reserves the right
to terminate a Seller’s account immediately.
TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made
available through Agora Exchange are trademarks or trade dress of Agora Exchange in the U.S. and
other countries. Agora Exchange’s trademarks and trade dress may not be used in connection with any
product or service that is not Agora Exchange’s, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Agora Exchange. All other
trademarks not owned by Agora Exchange that appear in any Agora Exchange service are the property
of their respective owners, who may or may not be affiliated with, connected to, or sponsored by
Agora Exchange. This provision is not intended to apply to trademarks belonging to Sellers of Agora
Exchange. However, Sellers shall not use Agora Exchange in any manner that violates United States
or International trademark laws and if such violation is suspected or
discovered, Agora Exchange reserves the right to terminate a Seller’s account immediately.
PATENTS
One or more patents owned by Agora Exchange may apply to the Agora Exchange E-commerce platform and
to the features and services accessible via Agora Exchange. Portions of Agora Exchange and the
services offered may operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any other terms of use, and your
payment of any applicable fees, Agora Exchange or its content providers grant you a limited, non-
exclusive, non-transferable, non-sublicensable license to access and make use of the Agora Exchange
E-commerce platform. This license does not include any resale or commercial use of Agora Exchange,
or its contents; any collection and use of any product listings, descriptions, or prices; any
derivative use of Agora Exchange or its contents; any downloading, copying, or other use of account
information for the benefit of any third party; or any use of data mining, robots, or similar data
gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use
or any other terms of use, are reserved and retained by Agora Exchange or its licensors, suppliers,
publishers, rightsholders, or other content providers. No Agora Exchange service, nor any part of
any Agora Exchange service, may be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose not authorized, without express written consent of
Agora Exchange. You may not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of Agora Exchange
without express written consent. You may not use any meta tags or any other "hidden text" utilizing
Agora Exchange’s name or trademarks without the express written consent of Agora Exchange. You may
not misuse the services of Agora Exchange. You may use the Agora Exchange E-commerce platform only
as permitted by law and your Agreement with Agora Exchange. The licenses granted by Agora Exchange
terminate if you do not comply with these Conditions of Use or any other terms of use.
YOUR ACCOUNT
You may need your own Agora Exchange account to use certain services, and you may be required to be
logged in to the account and have a valid payment method associated with it. If there is a problem
charging your selected payment method, we may charge any other valid payment method associated with
your account. You are responsible for maintaining the confidentiality of your account and password
and for restricting access to your account, and you agree to accept responsibility for all
activities that occur under your account or password. Agora Exchange does sell products for
children, but it sells them to adults, who can purchase with a credit card or other permitted
payment method. If you are under 18, you may use Agora Exchange only with involvement of a parent
or guardian. Parents and guardians may create profiles for teenagers in their household. Alcohol
listings on Agora Exchange are intended for adults only. You must be at least 21 years of age to
purchase alcohol, or use any site functionality related to alcohol. Agora Exchange reserves the
right to refuse service, terminate accounts, terminate your rights to use services, remove or edit
content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other
communications; and submit suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights (including publicity rights), or otherwise injurious to third parties
or objectionable, and does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited
commercial electronic messages. You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content. Agora Exchange reserves
the right (but not the obligation) to remove or edit such content, but does not regularly review
posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Agora
Exchange a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to
use, reproduce, modify, adapt, publish, perform, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You grant Agora Exchange
and sublicensees the right to use the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content you supply does not
violate this policy or state or federal law and will not cause injury to any person or entity; and
that you will indemnify Agora Exchange for all claims resulting from content you supply or
purchase. Agora Exchange has the right (but not the obligation) to monitor and edit or remove any
activity or content. Agora Exchange takes no responsibility and assumes no liability for any
content posted by you or any third part
INTELLECTUAL PROPERTY COMPLAINTS
Agora Exchange respects the intellectual property of others. If you believe that your intellectual
property rights are being infringed, please contact us at contactus@agoraexchange.com.
RISK OF LOSS
All purchases of physical items from Agora Exchange are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon delivery to the carrier.
CANCELLATIONS, RETURNS, REFUNDS
Agora Exchange is not responsible for returns or refunds. The Seller will list all policies
regarding cancellations, returns, and refunds on its website and with all product listings, and
Seller shall resolve any and all disputes with Buyers within 21 business days of being contacted by
Buyer and will promptly accept, calculate, and process cancellations, returns, refunds, and
adjustments in accordance with applicable policies and Agreements.
All transaction and platform fees are non-refundable.
PRODUCT DESCRIPTIONS
Agora Exchange, and Sellers on its E-commerce platform, attempt to be as accurate as possible.
However, Agora Exchange does not warrant that product descriptions or other content provided by the
Seller participating in of any Agora Exchange services is accurate, complete, reliable, current, or error-free.
If a product offered by Agora Exchange itself is not as described, your sole remedy is to return it to the Seller in unused
condition pursuant to the Seller’s terms as stated on the website and with product listings.
PRICING
With respect to items sold on Agora Exchange, the price of a service or item may not be confirmed until you
place your order. Despite best efforts, a small number of the items on our E-commerce platform may
be mispriced. If the correct price of an item sold by Agora Exchange is higher than the stated
price, Agora Exchange and/or the Seller may, at our discretion, either contact you for instructions
before shipping or cancel your order and notify you of such cancellation.
Specific sellers may follow different policies in the event of a mispriced item. You should review
the terms posted by your specific seller, and contact the Seller for additional information, if
needed.
SANCTIONS AND EXPORT POLICY
You may not use any Agora Exchange service if you are the subject of U.S. sanctions or of sanctions
consistent with U.S. law imposed by the governments of the country where you are using Agora
Exchange. You must comply with all U.S. or other export and re-export restrictions that may apply
to goods, software (including Agora Exchange software), technology, and services.
USE OF THE SOFTWARE
You may use Agora Exchange solely for purposes of enabling you to use the E-commerce platform, and
as permitted by these Conditions of Use and any other applicable policies. You may not incorporate
any portion of the Agora Exchange software into other programs or compile any portion of it in
combination with other programs, or otherwise copy (except to exercise rights granted in this
section), modify, create derivative works of, distribute, assign any rights to, or license the
Agora Exchange software in whole or in part. All software used for any Agora Exchange service is
the sole property of Agora Exchange or its software suppliers and is protected by United States and
international copyright laws
OTHER BUSINESSES
Parties other than Agora Exchange operate stores, provide services or software, or sell product
lines through the Agora Exchange E-commerce platform. In addition, we provide links to the sites of
certain other businesses. If you purchase any of the products or services offered by these
businesses or individuals, you are purchasing directly from those third parties, not from Agora
Exchange. We are not responsible for examining or evaluating, and we do not warrant, the
offerings of any of these businesses or individuals (including the content of their Web sites).
Agora Exchange does not assume any responsibility or liability for the actions, product, and
content of all these and any other third parties. You should carefully review their privacy
statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
AGORA EXCHANGE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AGORA EXCHANGE ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AGORA EXCHANGE MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES,
OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON
OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AGORA EXCHANGE, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF AGORA EXCHANGE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, AGORA EXCHANGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. AGORA EXCHANGE DOES NOT WARRANT THAT THE AGORA EXCHANG SERVICES, INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH AGORA EXCHANGE, ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AGORA EXCHANGE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AGORA
EXCHANGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS SERVICE, OR
FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AGORA EXCHANGE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of Agora Exchange will be adjudicated in the
state or Federal courts in Fulton County, Georgia, and you consent to exclusive jurisdiction and
venue in these courts. We each waive any right to a jury trial, unless otherwise agreed to.
APPLICABLE LAW
By using Agora Exchange, you agree that applicable federal law, and the laws of the state of
Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and
any dispute of any sort that might arise between you and Agora Exchange.
MODIFICATION AND SEVERABILITY
Agora Exchange reserves the right to make changes to our site, policies, and these Conditions of
Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Agora Exchange accepts service of subpoenas or other legal process only through its registered
agent, United States Corporation Agents Inc., 1420 Southlake Plaza Dr., Morrow, GA, 30260.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your
complaint via contactus@agoraexchange.com. This form may be used to report all types of
intellectual property claims including, but not limited to, copyright, trademark, and patent
claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we
terminate repeat infringers in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
• A physical or electronic signature of the person authorized to act on behalf of the owner of the
copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the
site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PRIVACY
Agora Exchange, its sellers and affiliates, will not store, collect, or sell your personal
information except for the following reasons. Your personal information will be, primarily, used by
Sellers using the Agora Exchange E-commerce platform for their independent businesses.
• Purchase and delivery of products and services. Your personal information will be used to take
and handle orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.
• Comply with legal obligations. In certain cases, we collect and use your personal information to
comply with laws. For instance, we collect from sellers information regarding place of
establishment and bank account information for identity verification and other purposes.
• Communicate with you. We use your personal information to communicate with you in relation to
Agora Exchange services via different channels (e.g., by phone, email, chat).
• Fraud Prevention and Credit Risks. We use personal information to prevent and detect fraud and
abuse in order to protect the security of our customers, Agora Exchange, and others.
This Privacy Policy can be modified at anytime, at the sole discretion of Agora Exchange.
