Terms and Conditions

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Terms and Conditions

Agreement between User and www.acmeagile.com

Welcome to www.acmeagile.com. The www.acmeagile.com website (the "Site") is comprised of various web pages operated by Acme Agile. www.acmeagile.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.acmeagile.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.acmeagile.com provides agile Transformation Consulting, Training, Coaching, and Mentoring services

Electronic Communications

Visiting www.acmeagile.com or sending emails to Acme Agile constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Acme Agile does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.acmeagile.com only with a parent or guardian's permission.

Registration

Acme Agile reserves the right to postpone/cancel an event or change an event's location because of insufficient enrollments, instructor illness, or force majeure events (like floods, earthquakes, political instability, etc.). These terms and conditions do apply to registrants signing up via Purchase Order or special discount offers.

Registrations are processed in the order received. You agree to provide correct, complete, and up-to-date information necessary for processing and invoicing your registration. A valid email address is required to correspond with you.

Your registration will be processed electronically. You agree that we may process your registration as described and that we may share this information with partners if necessary for processing your registration or holding the course. If the course is a certified course, then your data must be forwarded to the Certifying Body for certification.

We will not sell or otherwise misuse your data. It will only be used for registration and for keeping you up to date on workshops. By signing up for a course, you agree to be added to our mailing list. This is used initially to provide you with course joining information and afterward to keep you informed with information from the community and upcoming events. If you wish to unsubscribe, please do so using the facility on the email.

Cancellation/Refund Policy

Full refunds will be issued to all clients for cancellations greater than 14 days from the start of the course and are subject to a $150 processing charge.

For cancellations 8 days or more from the start of the course, registrants may substitute for another course of equal or lesser value. 

No refunds will be issued or changes allowed for cancellations 7 days or less from the start of the course.

In case Acme Agile cancels an event, 100% of course fees will be refunded. However, travel, logistics, or any personal expense incurred by learners/participants will not be refunded.

In case Acme Agile postpones an event, anyone who purchased the course is eligible to reschedule for any upcoming equivalent course at no extra charge.

Please contact us at allo@acmeagile.com to request a refund or for any questions.

Links to Third Party Sites/Third Party Services

www.acmeagile.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Acme Agile, and Acme Agile is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Acme Agile is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Acme Agile of the site or any association with its operators.

Certain services made available via www.acmeagile.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.acmeagile.com domain, you hereby acknowledge and consent that Acme Agile may share such information and data with any third party with whom Acme Agile has a contractual relationship to provide the requested product, service, or functionality on behalf of www.acmeagile.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.acmeagile.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant Acme Agile that you will not use the Site for any unlawful or prohibited purpose by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Acme Agile or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Acme Agile content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Acme Agile and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Acme Agile or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated, and administered by Acme Agile from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Acme Agile Content accessed through www.acmeagile.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Acme Agile, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Acme Agile reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Acme Agile in asserting any available defenses.

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Acme Agile agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACME AGILE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ACME AGILE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACME AGILE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACME AGILE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACME AGILE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction 

Acme Agile reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Acme Agile as a result of this agreement or use of the Site. Acme Agile's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Acme Agile's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Acme Agile with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Acme Agile with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Acme Agile with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the parties' express wish that this agreement and all related documents be written in English.

Changes to Terms

In its sole discretion, Acme Agile reserves the right to change the Terms under which www.acmeagile.com is offered. The most current version of the Terms will supersede all previous versions. Acme Agile encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Acme Agile welcomes your questions or comments regarding the Terms:

Acme Agile

1515 Wilshire Blvd

Los Angeles, California 90017

Email Address:

allo@acmeagile.com

Effective as of January 26, 2021