Terms of Service

 

The following terms and conditions govern all use of the SimplyAgile.biz website and all content and services available at or through the website (collectively, the “Website”). The Website is owned and operated by Simply Agile Inc. (“Simply Agile Community”, “we”, “us” or “our”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and in all other operating rules, policies and procedures that may be published from time to time on the Website by Simply Agile Inc. (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website you agree to become bound by the terms and conditions of this Agreement, which form a legally binding contract between you and Simply Agile Inc. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If you are using the Website on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to the Agreement.

1. Access

Simply Agile Inc. may change, suspend or discontinue the Services at any time, including the availability of any feature, database, content, guest account, or premium membership. Simply Agile Inc. may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.

User certifies to Simply Agile Inc. that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

2. Restrictions

User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the model, source code or underlying algorithms of all or any part of the Service ; (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for community or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.

User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Simply Agile Inc. reserves the right to bar any such activity.

User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Simply Agile Inc. server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.

User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.

User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Simply Agile Inc.'s systems or networks, or any systems or networks connected to the Service or to Simply Agile Inc..

User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.

User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.

3. Fees and Payments

Optional premium paid services are available on the Website. By selecting a premium service you agree to pay Simply Agile Inc. the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees become non-refundable 30 days from the start of any such service.

4. Intellectual Property Rights

We grant you a limited, personal, non-transferable, non-sublicenseable license to use the Website for your personal and internal purposes and not for commercial resale, sublicensing, community, or service bureau usage. You are only allowed to access the Website for lawful purposes. Any action by you that we believe, in our sole and absolute discretion: (a) violates these Terms of Service or the Privacy Policy; or (b) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Website will not be permitted, and we may immediately denied access to the Website.

The Simply Agile Community, Simply Agile Inc. Website, including all software, Simply Agile Inc. content, inventions, technology, products, services and data provided on or through the Website, are protected under United States and international copyright, trademark and/or other intellectual property laws, except as expressly permitted in the Agreement, you may NOT (a) modify or create any derivative works based on the Website, including customization, translation, or localization; (b) copy, reproduce, reuse in another product or service (or merge with another product or service), modify, alter, or display in any manner any files, or parts thereof, included as part of the Website; (c) decompile, disassemble, reverse engineer, or otherwise attempt to derive the model or source code of the Website, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Website, or the underlying ideas or algorithms of the Website; or (d) attempt to gain unauthorized access to the Website or application, platform, computer system or network associated with the Website.

This Agreement does not transfer from Simply Agile Inc. to you any Simply Agile Inc. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Simply Agile Inc. or such third party, as applicable. All rights not expressly granted in this Agreement are reserved to Simply Agile Inc., SimplyAgile.biz, the Simply Agile Inc. logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Simply Agile Inc.. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Simply Agile Inc. or third-party trademarks.

5. Changes

Simply Agile Inc. reserves the right, at its sole discretion, to amend or update any part of this Agreement by posting the amended or updated Agreement on the Website. It is your responsibility to check this Agreement periodically for changes, and you should check the “Last Updated” date at the top of these Terms of Service to familiarize yourself with the latest version of this Agreement. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Simply Agile Inc. may also, in the future, add new services and/or features, which shall be subject to the terms and conditions of the then-current version of this Agreement as well as any additional terms and conditions that Simply Agile Inc. may post on the Website.

6. Termination

Simply Agile Inc. may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. You may also discontinue using the Website at any time. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall do so.

7. Warranty Disclaimer

The Website is provided "as is". Simply Agile Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Simply Agile Inc. nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

8. Security

In no event will Simply Agile Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Simply Agile Inc. under this agreement during the twelve (12) month period prior to the cause of action. Simply Agile Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

9. General Representation and Warranty

You represent and warrant that your use of the Website will be in strict accordance with the Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

10. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Simply Agile Inc., its affiliates and its and their respective members, managers, officers, employees, representatives and agents (the “Indemnified Parties”) from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Losses”) arising out of or related to or in connection with your actual or alleged (a) use of and access to the Website and/or the services available thereon, (b) violation, breach or default of any term of the Agreement, or (c) violation of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, publicity or privacy right, or arising out of or related to or in connection with (d) any claim that content caused damage to a third party.

11. Privacy

Simply Agile Inc. current privacy policy is available at the Website (the “Disclaimer and Privacy Policy"), which is incorporated by this reference. Simply Agile Inc. recommends that you review the Privacy Policy closely.