Terms & Conditions
These Terms and Conditions of Use("Terms of Use") are a legal and binding agreement between the reader of the content, i.e. yourself (referred to hereinafter as “you” “your” or “yourself” and Agilisium Consulting LLC, (referred to here in after as "Agilisium”, “we”, “us”, or “our”)governing your access to and use of the “www.agilisium.com” website and all content, information, materials, and features displayed, contained, and available through the site (the “Website”).
THE FOLLOWING ARE THE TERMS ANDCONDITIONS FOR THE USE OF THE WEBSITE AND ITS CONTENTS. YOU ARE THEREFORESTRICTLY INSTRUCTED TO READ THE SAME. PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREETO BE BOUND BY THESE TERMS OF USE IN CASE IF YOU DO NOT AGREE TO THESE TERMS OFUSE, THEN YOU SHOULD NOT ACCESS, VISIT, OR USE THE WEBSITE.
1. Ownership & Usage:
The Website and all its contents, information, publications, and other materials featured, displayed, contained or available in, from or through the Website, including, without limitation, text, graphics, logos, icons, images, “look and feel”, pages, screens, content arrangements, designs, illustrations, and layouts (“Content”) are owned by and proprietary to Agilisium. You are hereby granted a non-exclusive, non-transferable, revocable, personal, limited right and license to access and use the Website and Content solely for your personal, non-commercial use and strictly in accordance with the Terms of Use mentioned herein. You shall not, directly or indirectly, reproduce, duplicate, modify, copy, sell, resell, distribute, transmit, license, create derivative works from, or exploit for any commercial purpose any portion of the Website or its Content.
You therefore agree to use the Website and Content in accordance with these Terms of Use and all applicable laws and regulations. Any use not expressly permitted by these Terms of Use is prohibited, constitutes a breach hereof, and automatically terminates the license granted to you hereunder to access and use the Website and Content.
Agilisium may at any time, for any reason, and without notice or liability: (a) modify, suspend, terminate, cancel, deny or prevent you from the usage, operation or access to the Website ,or (b) change, revise, or modify the Website and its contents.
You may understand that the website, its contents and all other items connected to it are the sole & absolute property of Agilisium and that you have been provided with a temporary license of usage of the same. You are therefore not entitled to raise any objections or claim any right of whatsoever nature for such usage.
2. Privacy:
Please review our Privacy Notice as posted on the Website (the “Privacy Notice”), which is incorporated here in and also governs your use of the Website, to understand Agilisium’s privacy practices.
3. Intellectual Property:
All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Website and its Content are owned by or licensed to Agilisium and protected by U.S. and international trademark laws(collectively, the “Marks”). The Website, Content, and Marks are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. You agree that Agilisium retains all right, title and interest (including all intellectual property rights) in and to the Website, Content, and Marks (collectively, the “Agilisium’s Intellectual Property”), and that no interest therein is transferred to you except for a limited, personal right to use such solely in connection with the Website.
Except as expressly set forth here in, nothing herein shall be construed to confer any grant or license of any Agilisium’s Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any Agilisium’s Intellectual Property except as expressly provided in these Terms of Use. You are also advised that Agilisium will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
4. Revisions:
Agilisium is entitled to update, change, modify, or revise the Terms of Use provided herein at any time and for any reason and at the sole discretion of Agilisium. Any changes will become effective upon posting to the Website, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms of Use. Your continued access to and/or use of the Website after any such modifications constitute your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly for updates. If any modifications to these Terms of Use is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms of Use and the remaining provisions.
5. Restrictions:
The access provided to you for the use of our website do not confer any exclusive right over the same and your us age is therefore subject to restrictions. You hereby agree not to:
- reproduce, distribute, publicly display, or otherwise transfer the Website or its Content;
- adapt, alter, modify, reverse engineer, disassemble, or decompile the Website or its Content;
- prepare derivative works based on the Website, Content, or any Agilisium’s Intellectual Property;
- remove, obscure, or modify any copyright, trademark or other proprietary rights, notices, marks or labels contained on or within the Website or Content;
- frame, mirror, or in-line link the Website, or incorporate into another website, application, or other service or any Agilisium’s Intellectual Property;
- use the Website, Content for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- interfere with any access control measures or attempt to disable or circumvent such security features;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
- submit or post any false or misleading information; and/or
- violate ,infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Agilisium or any other person or entity.
Agilisium reserves the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Website users, us, our brand, or any other person or entity, or that violates these Terms of Use and/or applicable law.
6. Information:
You are solely responsible for any information, suggestions, content, or material you transmit to or through the Website or otherwise to us (e.g., through email) (“Informations”). You understand that, except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Notice, Informations are considered non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.
Agilisium takes no responsibility and assumes no liability for any Information.
7. Disclaimer of Warranties
THE WEBSITE AND CONTENT ARE PROVIDED"AS IS”. AGILISIUM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THEWEBSITE OR CONTENT AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUTLIMITING THE FOREGOING, AGILISIUM DOES NOT GUARANTEE THAT THE WEBSITE ORCONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, ORFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BECORRECTED.
If you are dissatisfied with the Website or Content in any way, your sole and exclusive remedy is to discontinue accessing and using the same.
8. Limitation of Liability
IN NO EVENT SHALL AGILISIUM, ITSAFFILIATES, OR ITS OR THEIR OWNERS, INVESTORS, DIRECTORS, EMPLOYEES, AGENTS,CONSULTANTS, PARTNERS, OR PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FORANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTIONWITH THE WEBSITE, CONTENT, OR THESE TERMS OF USE, HOWEVER CAUSED, REGARDLESS OFTHE THEORY OF LIABILITY, AND EVEN IF AGILISIUM HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. THE LIMITATIONS, EXCLUSIONS, ANDDISCLAIMERS SET FORTH IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW.
9. Indemnity:
You agree to defend, indemnify, and hold harmless Agilisium, its affiliates, owners, investors, directors, employees, agents, consultants, partners, or providers from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses(including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms of Use.
10. Electronic Communications:
When you visit or use the Website, access or download Content, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. 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 and are deemed to be given and received on the date we transmit any such electronic communication.
11. Links:
Our Website and communications may contain links to other websites and social media platforms such as Facebook and Twitter (“Linked Sites”). These Terms of Use only apply to the Website and do not apply to any Linked Sites. We encourage you to read and understand the terms of use of any Linked Sites that you visit. Links do not imply that we sponsor, endorse, or affiliated with or associated with, or legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site.
12. Governing Law & Jurisdiction:
These Terms of Use are governed by the laws of the State of Nevada. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply to these Terms of Use, the Website, or any Products. Any action or suit related to these Terms of Use or the Website must be brought in the state or federal courts sitting in Las Vegas, Nevada, provided however, that Agilisium may seek equitable relief in any jurisdiction. Any cause of action brought against Agilisium must be commenced within one (1)year after the claim or cause of action arose. In any action or proceeding arising under these Terms of Use, the prevailing party will be entitled to recover its costs and attorneys' fees.
13. Injunctive Relief:
Agilisium may, in its sole discretion and without prior notice, block and/or terminate access to the Website or Content if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith. You hereby agree that any violation, or threatened violation, by you of these Terms of Use will cause irreparable loss & hardship to Agilisium, and therefore you agree that Agilisium shall be entitled to injunctive or equitable relief without the necessity of posting a bond, in addition to any other available remedies.
14. General Provisions:
If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. Agilisium’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Agilisium hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy and any other terms applicable to our Products, as each is currently posted, constitute the entire agreement between Agilisium and you with respect to your use of the Website and Content and supersede all previous written or oral agreements relating to the subject matter hereof.