Welcome to LEAN-AGILE 24 LLC, a website and online service owned and operated by Lean-Agile 24 LLC (“LEAN-AGILE 24 LLC”, “we”, “us” or “our”). These Terms of Service (the “Terms”) govern your access to and use of LEAN-AGILE 24 LLC (“we” or “our”) websites and services, including the App (as defined below) (collectively, the “Services”), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
When you use the Services, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of the Services do not violate any applicable law or regulation; and (d) you will comply with the rules for on-line conduct and making Contributions (as defined in Section 2 below) to the Services, as discussed in Section 2 below. You further represent and warrant that you will comply with all local rules regarding on-line conduct and acceptable Contributions.
We do not and will not own your Contributions. That said, for us to make your Contributions available on the Services, we will need from you a limited license, as described below. We have no rights in your Contributions except pursuant to this limited license and any other rights you grant us in these Terms.
GRANT OF LICENSE TO US FOR CONTRIBUTIONS
You are responsible for maintaining the confidentiality of your account information and password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
All of the content on the Services (“Materials”), the trademarks, service marks, and logos contained on the Services (“Marks”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Services and Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights not expressly granted in and to the Services and Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Services or the Materials. You further agree not to access the Services by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.
We may, but are not required to: (a) monitor or review the Services for violations of these Terms and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms, the law or any of our policies or are excessive in size or burdensome; and/or (d) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Services. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION. Risk of Harm. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Services and that you give to other users of the Services. You are discouraged from publicly posting the following information on the Services: your full name, telephone numbers and street addresses. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Services. We expect that you will use caution and common sense when using the Services.
These Terms shall remain in full force and effect while you use the Services. You may terminate your use or participation at any time, for any reason, by using the “Deactivate Account” option in the App or contacting us at: firstname.lastname@example.org. Upon termination of your Services account for any reason, we will close your account, and in most cases, we will give you 30 days, via notice to your email address on record, to retrieve materials contained in the account. Even after your use and participation is terminated, these Terms will remain in effect
We may terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on this Site infringes upon your copyrights.
The Internet and technology are rapidly changing. Accordingly, we may need to modify these Terms from time to time. We will post on https://leanagile24.com a copy of the modified Terms, which will become effective 30 days after they are first posted on https://leanagile24.com. You should regularly review https://leanagile24.com to ensure that you are informed of any changes and if you are also a registered user, be sure that the email address on record is current. If you are a registered user, we will also email you to the email address then on record a link to a copy of the modified Terms 30 days before they will go in effect. If any modification is unacceptable to you, you shall cease using the Services. Your continued access to the Services will indicate you have accepted the change.
You are solely responsible for your conduct. You agree that we cannot be liable for any dispute that arises between you and any other user.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any state court located in San Francisco County, California or the United States District Court for the Northern District of California, in all cases without the posting of a bond), any dispute arising under these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three (3) arbitrators appointed in accordance with such rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees. You and we further agree that any disputes shall be resolved under the substantive law of the State of California (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply. You agree not to bring a claim a legal action more than one (1) year after the cause of action arose.
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICES, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICES, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICES OR LINKED TO BY THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. US Government End Users. The Software and Documentation constituting the Services are "commercial items," as defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software) and Defense Federal Acquisition Regulation Supplement (“DFAR”) 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which these Terms may be incorporated, Government end users will acquire the Software and Documentation with only those rights set forth in these Terms. Any license provisions that are inconsistent with federal procurement regulations are not enforceable against the U.S. Government.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE GREATER OF (A) $100 AND (B) THE FEES PAID TO US FOR THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE CLAIM.
You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, Contributions or Materials in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.
Entire Agreement These Terms constitutes the entire agreement between you and us regarding the use of the Services and supersede any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof. Independent Contractors Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user. No Third Party Beneficiaries These Terms are between you and us. There are no third-party beneficiaries to these Terms. Section Titles The section titles in these Terms are for convenience only and have no legal or contractual effect. Non-Waiver Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Severability These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Assignment You may not assign your rights under these Terms to any third party; we may assign our rights under these Terms without condition.