Terms and Conditions
agile-thoughts is a digital magazine, whose purpose is to spread the word about the principles, values and benefits of Agile, as well as to form community through a series of free programs and events.
We believe that recovering from the current worldwide recession depends on strengthening development of new products, reducing time to market, growing startups, putting people back to work, and inspiring the creation of new jobs.
Agile practices make a difference in the way we approach work, solve problems and innovate. We envisioned agile-thoughts as a community mechanism to share ideas and experiences and learn from each other. From passionate practitioners to passionate practitioners. We are confident that by educating and supporting as many people as possible, we together can make a big difference for people, teams and organizations.
As stated on our Website and legal documentation, “we do not accept money to write or publish articles, we do not offer frameworks or methodologies, we do not endorse products or services, we do not belong to any company, and we do not allow pop-ups.”
These Terms and Conditions apply when you use the agile-thoughts website, located at www.agile-thoughts.com, other media forms, media channels, mobile website, or other online service related or connected thereto (collectively the “Services” or the “Website”) used to promote and/or to deliver our Products or Services. The terms “we”, “us” and “our” throughout these Terms and the Website, refer to agile-thoughts.
These Terms and Conditions govern the relations and transactions between you and agile-thoughts. They are a legal contract between you and us, so it is important that you review them carefully before accessing our Website or using our Products, Services and/or related Digital Applications. Your use of agile-thoughts Products or Services indicates that you agree to follow and be bound by these Terms and Conditions. If you do not agree to them, please do not use our Products or access our Services.
agile-thoughts reserves the right to modify the content, type and availability of any Digital Product at any time.
1.1. NO LICENSE
We reserve the right to refuse any order you place with us. Also, we reserve the right to change or terminate any offered Subscriptions or promotions at any time. Also,
You shall recognize that any fees to third parties that may be required for you to receive the service (such as mobile data plans and text-message charges) are not included in the cost of the services.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You may can cancel your Subscription at any time by visiting “My Account” page (at the bottom of our landing page or in the magazine menu below the avatar), where you can notify agile-thoughts about your intention to cancel. If we do not confirm receipt of your cancellation intention within one full working day, please follow up with us by emailing our Customer Support Team at email@example.com with the subject line “Cancel Subscription – [your first and last name]”.
We will not be able to process a cancellation instruction that may be missing in an email system. Therefore, cancellation instructions would be valid only if we confirm receipt; otherwise, the Subscription will remain active.
1.4. SIGN DISCLOSURE AND CONSENT
By acquiring a Subscription and/or clicking on the box at account opening, you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, other communications, and changes or updates to any such documents electronically (collectively, the “Electronic Communications”). We will provide these Electronic Communications by posting them on the agile-thoughts website, the “My Account” page, and/or emailing them to your primary email address associated with your Digital Products subscription. You agree that the Electronic Communications will satisfy any legal communication requirements, including that such communications be in writing. Electronic Communications will be deemed received by you within 24 hours of the time posted to our website or the “My Account” page, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered. Automatic notices such as “I’m out of office” or “I’m on vacation” issued by your email service provider mean that the email was in fact delivered.
It is your responsibility to keep your primary email address up to date. You can change your primary email address on “My Account” page. You agree that Electronic Communications sent to a primary email address that is incorrect, out of date, blocked by your service provider, or cannot be received due to your failure to maintain the system requirements, will be deemed to have been provided to you. If an Electronic Communication is returned to us because an email your address becomes invalid, we may deem your Subscription to be inactive, and you will not be able to use the Digital Products until we receive a valid, working primary email address from you.
1.5. CHANGES TO THE WEBSITE, DIGITAL APPLICATIONS AND/OR DIGITAL PRODUCTS
agile-thoughts reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of agile-thoughts content available on the Website and/or on a related Digital Application at any time and to restrict your use and accessibility of the Website and related Digital Applications.
You understand and agree that if you withdraw your consent we may, although we are not required to, cancel your Digital Products Subscription.
2. DISCUSSION AND SUBMISSION GUIDELINES
The Services allow you to post content, communicate with others and submit material. It is our hope that you will take the opportunity to contribute to these interactive forums and share your fresh, original ideas and experiences with the Agile community. We invite you to submit your thoughts, quotes, comments, discussions, opinions, observations, reports, notes, reviews, articles, photos, audio, videos or material in any other form (collectively, “your Content” or “Content”) in certain areas of the Website.
In order to keep these interactive forums enjoyable and interesting for all of our users, we ask you to follow the rules outlined in these Discussion and Submission Guidelines. These terms govern any submission you make through the Website, email addresses or physical address, or the ones of agile-thoughts affiliates.
By posting or submitting your Content, you are consenting to the following rules:
2.1. INAPPROPRIATE CONTENT
You agree not to submit inappropriate Content, which includes any thoughts, quotes, comments, discussions, opinions, observations, reports, notes, reviews, articles, photos and/or videos that:
- Infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person or organization.
- Is libelous or defamatory.
- Is obscene, pornographic, sexually explicit, or vulgar.
- Violates a person’s right to privacy.
- Violates any local, state, national, or international law.
- Contains or advocates illegal or violent acts.
- Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification.
- Is predatory, hateful, or intended to intimidate or harass, or contains derogatory name-calling.
- Contains advertising.
- Contains a solicitation of any kind.
- Misrepresents your identity or affiliation.
- Impersonates others.
- Is in poor taste or is otherwise objectionable.
- Is a duplicate or repost of something you or someone else have already submitted, posted or published on the agile-thoughts Website or any of its related Digital Applications, and/or on any other media outlet or publication.
2.2. RESPONSIBILITY FOR YOUR CONTENT
You agree that you are fully responsible for the Content that you submit. You will promptly remove any Content that you have posted should you discover that it violates these rules or that it is otherwise inappropriate. You will indemnify agile-thoughts and its affiliates and their subsidiaries, and its and their directors, officers, managers, employees, shareholders, agents, and/or licensors, from and against losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any claim brought by any third party relating to content you have posted.
2.3. RESPONSIBILITY FOR OTHER USERS’ CONTENT
You understand and agree that we are not responsible for any user submitted Content. You further understand that we have the right, but not the obligation, to monitor submissions and we may remove Content that we deem inappropriate for any reason whatsoever without consent. We further reserve the right, in our sole discretion, to remove a user’s privilege to post Content on our Website and its related Digital Applications. We may reject or remove any comment at any time, with or without notice to you.
2.4. USER’S MINIMUM AGE: 13 YEARS
You certify that you are at least 13 years of age. If you are under the age of 13, please do not submit any Content to us. If you are under the age of 18 but at least 13 years of age, you may submit Content only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these rules for the benefit of an individual between the ages of 13 and 18, please be advised that you are fully responsible for his or her submissions and any legal liability that he or she may incur.
2.5. THIRD PARTY PERMISSIONS
You certify that you have the permission of others who have contributed to or are featured in any Content that you submit. If there are any individuals under the age of 18 in any photos, video, or other Content that you submit, you must obtain the permission of each such individual’s parent or legal guardian prior to submitting the content.
2.6. USE OF THIRD PARTY AND/OR OTHER USERS’ CONTENT
You acknowledge and agree that any use and/or reliance on any information obtained through the interactive forums or community events is at your own risk. We are not in any manner endorsing the content of the interactive forums or community events and cannot and will not vouch for its reliability.
2.7. PERMISSION TO USE CONTENT
2.8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest or survey entries, or feedback) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove Comments or Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any person or entity’s intellectual property rights.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, our Website or any related Digital Application.
You may not use false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
3. TERMS OF SERVICE
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 15) AND DISCLAIMERS OF LIABILITY (SECTION 16).
3.1. COMPLIANCE WITH APPLICABLE LAWS
As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. THE SERVICES ARE OFFERED FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY, AND YOU ARE PROHIBITED FROM USING THEM OR THEIR CONTENT FOR ANY OTHER PURPOSE.
3.3. INTELLECTUAL PROPERTY
Any infringement (violation of intellectual property rights) may be a breach of civil or criminal law, depending on the type of intellectual property involved, jurisdiction, and the nature of the action.
The following elements are protected under the Intellectual Property Law of the United States of America, which provides for civil, criminal, and border enforcement of IP rights, while same or similar rights may be enforced overseas in accordance with international IP protection agreements:
- Digital Platforms. The software that operates the Website and all Digital Applications used to deliver or to allow you access to the Services are proprietary software and you may not use it except as expressly allowed under these Terms and Conditions. You may not copy, reverse engineer, modify or otherwise deal with the software.
- Corporate Image. All rights in the product names, company names, trade names, service marks, logos, colors, trade dress, slogans, product packaging, and designs appearing on the Website or any related Digital Application, and/or on any physical product made or sold by us, whether or not appearing in large print or with the trademark symbol, belong exclusively to agile-thoughts or its licensors and are protected from reproduction, imitation, dilution, confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of agile-thoughts, its affiliates, or any third party.
- Contents and Design. The contents and design of the Website, of any Digital Application, and of any material emailed to you or otherwise supplied to you in conjunction with the Services and/or our products are protected under the copyright law. Either agile-thoughts or one of its licensors or guest writers own the copyrights.
agile-thoughts Website and Services (including, but not limited to text, photographs, graphics, video, audio content, and computer code), as well as individual articles written by guest authors and/or contributors (including, but not limited to individual graphics, charts, video and audio content), are protected by copyright as collective works or compilation under the copyright laws of the United States of America and other countries. Therefore, unless expressly authorized by us in writing:
- YOU ARE NOT ALLOWED TO USE ANY OF THE TRADEMARKS, SERVICE MARKS, LOGOS OR CONTENT OWNED BY agile-thoughts OR BY ANY THIRD PARTY, INCLUDING agile-thoughts GUEST AUTHORS AND/OR CONTRIBUTORS.
- YOU ARE PROHIBITED FROM COPYING, PUBLISHING, REPRODUCING, DISTRIBUTING, RE-PUBLISHING, ENTERING INTO A DATABASE, DISPLAYING, PERFORMING, MODIFYING, ADAPTING, TRANSLATING, CREATING DERIVATIVE WORKS FROM, INCORPORATING INTO OTHER WORKS, TRANSMITTING, OR IN ANY WAY EXPLOITING SUCH CONTENT, IN WHOLE OR IN PART IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED.
3.5. USE OF CONTENT
All agile-thoughts content is strictly for personal, non-commercial use only. You are granted limited license only for purposes of viewing the material contained on the Services, Website and related Digital Applications and/or products.
Except for the Content that you have posted in certain areas of the Website (in accordance with the Discussion and Submission Guidelines: “your Content”), which includes thoughts, quotes, comments, discussions, opinions, observations, reports, notes, reviews, articles, photos and/or videos, you may make use of agile-thoughts content only for your own personal use as follows:
- Display: retrieve and display content on a computer screen or mobile device (no more than three electronic devices in total, and as long as all of them are for your personal use).
- Print: print individual pages on paper (but not photocopy them, and limited to occasional articles of personal interest only), and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use.
- Download: download material from the Services solely for your own personal use (no more than one machine readable copy).
YOU ARE PROHIBITED FROM PUBLISHING, DISTRIBUTING, SELLING, SUBLICENSING AND/OR OTHERWISE COMMERCIALIZING ANY OF THE MATERIAL THAT WE DELIVER IN ANY WAY. IN PARTICULAR, BUT WITHOUT LIMITING THE GENERAL APPLICATION OF THE RESTRICTIONS IN THE PREVIOUS SENTENCE, YOU MAY NOT DO ANY OF THE FOLLOWING WITHOUT PRIOR WRITTEN PERMISSION FROM AGILE-THOUGHTS:
- Reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the agile-thoughts content; or
- Modify, publish, reproduce, distribute, perform, display, create derivative works from, participate in the transfer or sale of, or in any way exploit all or any part of the agile-thoughts content, including as part of any library, archive or similar service, without the prior written consent of agile-thoughts LLC; or
- Remove the copyright or trademark notice from any copies of the agile-thoughts content made under these Terms and Conditions.
3.6. COMMUNITY EVENTS
All events organized and/or backed by agile-thoughts, such as conferences, discussions, panels, clinics, workshops, classes, meetups and practice sessions among others, whether in person or online, (collectively, “Community Events”), as well as online discussion groups, public chats, forums, electronic bulletin boards and/or newsgroup (collectively, “Online Discussions”), may have their own rules, policies and Code of Conduct. Combined, they will help reduce noise and maintain events and discussions uncluttered and meaningful.
Regardless of the physical venue or the electronic platform used to execute them, registration of some kind and Access Credential Verification (such as physical or electronic badges, user name, login ID, identification number, password, security key, security token, PIN, and/or any other method to verify your identity and authorization to access and use the Community Event or Online Discussion) may be required before “admittance” or “posting” privileges are granted.
Regardless of the type of event and the role you may play, when you participate in Community Events and/or Online Discussions, you are not allowed to:
- Share any access credential, connection links, or passwords with anyone.
- Advertise or promote your or someone else’s business, products, services, website, fundraiser and/or event (posting just a link to your or a company’s blog, article or website, is a form of promotion).
- Offer products or services and/or serve as a brand ambassador (links in the initial posting on a topic are not permitted except for academic surveys).
- Use reckless language, insult, bullying or attacking, verbally or in writing, other members or non-members.
- Share, publish, post and/or take credits for any material used or created to conduct the events.
- Share, publish, post and/or take credits for the resulting content, ideas, material and/or discussions from the events; they are solely for your own, personal learning and consumption.
In any of those circumstances (in accordance with agile-thoughts criteria and standards, and/or if three or more attendees, members and/or users vote for a comment, post or topic as inappropriate):
- You will be excluded/retired from the Community Event or Online Discussion, without prior warning.
- Your posts, comments and/or announcements will be immediately removed.
- You may be banned from the Community Event or Online Discussion, and your Account may be placed under moderation.
- Your Subscription might be cancelled.
- In accordance with the situation, legal actions might be initiated.
3.7. PROHIBITED CONDUCT
You may not access or use, or attempt to access or use, the Services to take any action that could harm agile-thoughts, guest authors, contributors or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws.
For example, and without limitation, you are specifically restricted from:
- Publishing or reposting in any other media outlet publication or blog any of the material that we publish on the agile-thoughts Website or deliver through its related Digital Applications.
- Selling, sublicensing and/or otherwise commercializing any material that we publish on the agile-thoughts Website or deliver through its related Digital Applications.
- Distributing any part of the Services over any network, including a local area network, and/or selling or offering it for sale.
- Publicly performing and/or showing any material that we deliver.
- Making use of the contents of the Services in any manner that constitutes an infringement of our rights or the rights of other users, guest authors, contributors or third parties, including copyrights and trademarks.
- Using our Website or any material that we deliver in any way that is or may be damaging to agile-thoughts platform or brand, other users, guest authors, contributors or third parties.
- Accessing parts of the Services to which you are not authorized, or attempting to circumvent any restrictions imposed on your use or access to the Services.
- Using agile-thoughts contents or user’s information or material to construct any kind of database.
- Engaging in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information about us or our users.
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to our Website or any related Digital Application.
- Taking any action that violates or threatens our system or network security.
- Taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
- Using any device, software or routine to interfere or attempting to interfere with the proper working of the Services.
- Using or attempting to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents available on the Services and other than are common and generally available by third-party web browsers.
- Attempting to decipher, decompile, disassemble, or reverse-engineer any of the software comprising the Services or in any way making up a part of them.
- Conducting activities or displaying behavior on the Services or offline to interfere or attempting to interfere with the proper execution and/or grow of Community Events and/or Online Discussions.
- Engaging in any conduct that restricts or inhibits any other person from using or enjoying the Services.
- Using our Website, our products or the material that we deliver contrary to applicable laws and regulations, or in any way that may cause harm to the Website, or to any person or business entity.
- Using this Website, our products, the material that we deliver, or our brand to engage in any type advertising or marketing.
Violations of these Terms and Conditions may result in civil or criminal liability. We may investigate those violations and we may also work with law enforcement authorities to prosecute users, individuals or companies who violate these Terms and Conditions.
3.8. REGISTRATION, PASSWORDS AND SECURITY
To register for certain Services, you may need to create login credentials by providing an email address to us and by selecting a username and password. Also, you may need to provide us certain information during the registration process, which you agree to keep accurate and updated.
EACH LOGIN CREDENTIAL IS FOR A SINGLE USER ONLY. EACH REGISTRATION AND SUBSCRIPTION IS FOR THE PERSONAL USE OF THE REGISTERED USER OR SUBSCRIBER ONLY. YOU MAY NOT SHARE YOUR LOGIN DETAILS OR PASSWORD WITH ANY OTHER PERSON. YOU MAY NOT SHARE, TRANSFER OR SELL YOUR SUBSCRIPTION OR OTHERWISE YOUR RIGHTS AND/OR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
agile-thoughts does not allow multiple users (networked or otherwise) to access the Services and/or any related Digital Application through one single name and password, and may cancel or suspend your access to the Services if you do or attempt to do so.
You are solely responsible for the confidentiality and use of and access to agile-thoughts content and the Services and/or related Digital Applications using your login credentials, username and/or password. You will be responsible for all usage and activity under your Account, including but not limited to:
- Statements made or posted using your login credentials,
- Materials posted under your Account,
- Liability for harm caused by such statements, posts or materials,
You agree notify us immediately if you become aware of the loss, theft or unauthorized use of any login credential, password, user ID or email address, by emailing our Customer Support Team at firstname.lastname@example.org with the subject line “Misuse of Login Credentials – [your First and Last name]”
For the purpose of confirming your compliance with these Terms and Conditions, agile-thoughts reserves the right to monitor and record activity on the Website and/or digital applications under your login credentials.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Subscription and/or Account, at our sole discretion, and we may refer the case to appropriate law enforcement agencies.
Parts of our Website and/or our Digital Applications may contain advertising or other third-party content. Advertisers and other content providers are responsible for ensuring that such material complies with national and international laws. agile-thoughts is not responsible for any third-party content or error, or for any omission or inaccuracy in any advertising material.
Likewise, our Website and/or our Digital Applications may also contain links to other web sites. agile-thoughts is not responsible for the availability of these websites or their content.
3.10. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES
Certain content, products and services available via the Services and/or our Digital Applications may contain third-party owned content and/or links to third-party websites (collectively, “Linked Sites”). Likewise, third-party links on our Website may direct you to third-party websites that are not affiliated with us.
agile-thoughts does not warrant and will not have any liability or responsibility for any third-party materials, products, services or websites. We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. We are not responsible for examining or evaluating Linked Sites content or accuracy. We are not responsible for Linked Sites availability. We are not responsible for the content or privacy practices of Linked Sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
3.11. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, product availability, community events’ schedule, and/or articles content.
We reserve the right to correct any errors, inaccuracies or omissions at any time, if any information in our Website, the Services and/or any related Digital Application is inaccurate, and to change or update information or cancel orders at any time, without prior notice.
We undertake no obligation to update, amend or clarify information in the Services and/or in any related Digital Application, including without limitation, pricing or product information, contents and advertising, except as required by law. No specified update or refresh date applied in the Services and/or in any related Digital Application, should be taken to indicate that all information in the Services and/or in any related Website has been modified or updated and/or it is free of involuntary errors, inaccuracies and omissions.
3.12. REFUNDS FOR PHYSICAL PRODUCTS
Any orders of physical products must be returned within 30 days, in original condition, to be eligible for a refund. The customer will cover any fees associated with shipping. The refunds will be processed within the next then (10) days after the product is received and verified in the physical address indicated in the return documentation and shipping.
3.13. DISCLAIMER OF WARRANTIES
You expressly agree that your use of, or inability to use, the Services is at your sole risk. All Products and Services acquired by you or delivered to you through the Services and/or its related Digital Applications (except as expressly stated by us) are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either expressed or implied.
Without limiting the generality of the foregoing, agile-thoughts disclaims to the maximum extent permitted by law any and all:
- Warranties of merchantability, merchantable quality, durability or fitness for a particular purpose.
- Warranties against infringement of any third-party intellectual property or proprietary rights.
- Warranties relating to the transmission or delivery of the Service.
- Warranties that the content on the Services are free of viruses or other harmful components.
- Warranties or representations that the information provided through the Services will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors.
- Warranties relating to the accuracy, reliability, correctness, timeliness or completeness of data made available on the Services or otherwise by agile-thoughts, including any advice, opinion, statement, charts, graphs or other material or database displayed, uploaded or distributed in the Services or available through the Services.
- Warranties relating to performance, nonperformance, or other acts or omissions by agile-thoughts or any third party.
- Warranties that the Services will be available at any particular time or location.
- Warranties that defects or errors in the Services will be corrected.
There may be delays, omissions, interruptions, and inaccuracies in the news, information, or other materials available through the Services and/or its related Digital Applications. There is no warranty that the Services will meet your needs or requirements or the needs or requirements of any other person. If you rely on the Services or its related Digital Applications, and/or on any materials made available through the Services or its related Digital Applications, you do so solely at your own risk.
Any information on the Services is subject to change without notice, and agile-thoughts disclaims all responsibility for the Services. We reserve the right to correct any errors or omissions in the Services.
3.14. LIMITATION OF LIABILITY
In no event shall agile-thoughts, nor any of its parent, subsidiaries, and affiliates, and/or their owners, directors, officers, managers, employees, shareholders, agents, suppliers, licensors, guest authors, contributors or any party involved in creating, producing, or delivering the Services, its related Digital Applications and/or its physical products, shall be held liable for any direct, indirect, incidental, punitive or special liability, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from, or which are in any way connected with, your access, use, misuse, or inability to use the Services, any related Digital Application or any Linked Sites.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if agile-thoughts has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, agile-thoughts liability in such jurisdictions shall be limited to the extent permitted by law.
Upon agile-thoughts request, you agree to defend, indemnify and hold harmless agile-thoughts, its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, suppliers, licensors, guest authors, contributors or any party involved in creating, producing or delivering the Services, its related Digital Applications and/or its physical products, from and against any and all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting in any way from any violation of these Terms and Conditions by you or your use of any Services, your breach of any of the provisions included in the Discussion and Submission Guidelines, or the failure to fulfill any obligations relating to your Account incurred by you or any other person using your Account.
We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
3.16. FORCE MAJEURE
agile-thoughts will not be held responsible for circumstances beyond its control. agile-thoughts, its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, suppliers, licensors, guest authors, contributors or any party involved in creating, producing, or delivering the Services, its related Digital Applications and/or its physical products, will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
3.17. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Virginia and the United States of America. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions, and you submit to the exclusive jurisdiction of the state and federal courts located in the State of Virginia, United States of America, for the resolution of any disputes.
For the exclusive benefit of agile-thoughts, we shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of your principal place of business.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.
agile-thoughts may terminate this agreement for any reason at any time.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may restrict, suspend or deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms of Service.
Supplemental Terms. In connection with your use of the Services, you may be asked to consent to specific policies or terms and conditions in addition to these Terms and Conditions. Please read those supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms and Conditions regarding any use of the Services, unless otherwise expressly stated.
No Waiver. The failure of agile-thoughts to enforce any provisions of these Terms and Conditions or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms of these Terms and Conditions or to act with respect with similar breaches.
Assignment. You are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions. The rights and/or obligations under this agreement may be assigned, transferred and subcontracted to a third party by agile-thoughts without any notification.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and agile-thoughts as a result of these Terms and Conditions or your access to and use of the Services.
Entire Agreement. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and agile-thoughts, govern your use of the Services and/or its related Digital Applications, and supersede all prior agreements and understandings. In the event that any provision of these Terms and Conditions is determined to be unlawful, void, invalid or unenforceable under any applicable law, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Other General Conditions. We reserve the right to refuse service to anyone for any reason at any time. Headings used in this agreement are included for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms and Conditions. All descriptions of Products or Services, pictures and videos are subject to change at any time without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) at any time without notice.
3.20. POLICY CHANGES
agile-thoughts may, in its sole discretion, change, update or replace any part of these Terms and Conditions from time to time. Any and all changes to agile-thoughts Terms and Conditions will be reflected on this page and the date new versions are posted will be stated at the bottom of these Terms and Conditions.
If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website or by email to the email address specified in your Account. Accordingly, it is important that users always maintain and update their contact information. Users should regularly check this page for any changes to these Terms and Conditions. In any case, each time you use the Website, the Services and/or its related Digital Applications, the current version of these Terms and Conditions will apply.
Continued use of the site after changes of these Terms and Conditions have been posted indicates your consent and acceptance of such changes. Unless stated otherwise, our current Terms and Conditions apply to all information that we have about you and your Account.
Any new features, tools, products or services which are added to our current Website, Services and/or its related Digital Applications, shall also be subject to these Terms and Conditions.
If you have any questions regarding our Terms and Conditions, please email our Customer Support Team at email@example.com with the subject line “Terms and Conditions – [your first and last name]”
These Terms and Conditions are effective and was last updated on January 31, 2021.