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These Terms and Conditions of Use("Terms of Use") are a legal and binding agreement between thereader of the content, i.e. yourself (referred to hereinafter as “you” “your” or “yourself” and Agilisium Consulting LLC, (referred tohereinafter 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 availablethrough 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 itscontents,information, publications, and other materials featured, displayed, containedor available in, from or through the Website, including, without limitation,text, graphics, logos, icons, images, “look and feel”, pages, screens, contentarrangements, designs, illustrations, and layouts (“Content”) are ownedby and proprietary to Agilisium. You are hereby granted a non-exclusive,non-transferable, revocable, personal, limited right and license to access anduse the Website and Content solely for your personal, non-commercial use andstrictly 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 anycommercial purpose any portion of the Website or its Content.
You therefore agree to use the Websiteand Content in accordance with these Terms of Use and all applicable laws andregulations. Any use not expressly permitted by these Terms of Use is prohibited,constitutes a breach hereof, and automatically terminates the license grantedto you hereunder to access and use the Website and Content.
Agilisium may at any time, for anyreason, 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, itscontents and all other items connected to it are the sole & absoluteproperty of Agilisium and that you have been provided with a temporary licenseof usage of the same. You are therefore not entitled to raise any objections orclaim any right of whatsoever nature for such usage.
2. Privacy:
Please review our Privacy Notice asposted on the Website (the “Privacy Notice”), which is incorporatedherein and also governs your use of the Website, to understand Agilisium’sprivacy practices.
3. Intellectual Property:
All trademarks, trade names, graphics,logos, and trade dress included in or made available through the Website and itsContent are owned byor licensed to Agilisium and protected by U.S. and international trademark laws(collectively, the “Marks”). The Website, Content, and Marks areprotected by copyright, trademark, trade dress, patent, and/or other intellectualproperty rights and proprietary rights. You agree that Agilisium retains allright, title and interest (including all intellectual property rights) in andto the Website, Content, and Marks (collectively, the “Agilisium’sIntellectual Property”), and that no interest therein is transferred to youexcept for a limited, personal right to use such solely in connection with theWebsite.
Except as expressly set forth herein,nothing herein shall be construed to confer any grant or license of any Agilisium’sIntellectual Property Rights, whether by estoppel, by implication, orotherwise. You are strictly prohibited from using any Agilisium’s IntellectualProperty except as expressly provided in these Terms of Use. You are alsoadvised that Agilisium will aggressively enforce its intellectual propertyrights to the fullest extent of the law, including seeking criminalprosecution.
4. Revisions:
Agilisium is entitled to update, change,modify, or revise the Terms of Use provided herein at any time and for anyreason and at the sole discretion of Agilisium. Any changes will becomeeffective upon posting to the Website, along with the date on which it was mostrecently updated as indicated by the “Last Updated” section atthe end of these Terms of Use. Your continued access to and/or use of theWebsite after any such modifications constitute your acceptance of the Terms ofUse as modified. It is your responsibility to review the Terms of Use regularlyfor updates. If any modifications to these Terms of Use is held to be invalid,void, or unenforceable for any reason, such modifications shall be deemedseverable and shall not affect the validity and enforceability of these Termsof Use and the remaining provisions.
5. Restrictions:
The access provided to you for the useof our website do not confer any exclusive right over the same and your usageis therefore subject to restrictions. You hereby agree not to:
Agilisium reserves the right to prohibitaccess, use, conduct, communications, or content that we, in our solediscretion, deem to be harmful to the Website users, us, our brand, or anyother person or entity, or that violates these Terms of Use and/or applicablelaw.
6. Informations:
You are solely responsible for anyinformation, suggestions, content, or material you transmit to or through theWebsite or otherwise to us (e.g., throughemail) (“Informations”). You understand that, except for any personallyidentifiable information we may collect from you under the guidelinesestablished in our Privacy Notice, Informations are considered non-confidentialand non-proprietary. You represent that you have the lawfulright to submit such information and agree that you will not submit anyinformation unless you are legally entitled to do so. Because of the opennature of the Internet, we recommend that you not submit information youconsider confidential.
Agilisium takes no responsibility andassumes no liability for any Informations.
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 Websiteor Content in any way, your sole and exclusive remedy is to discontinueaccessing 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 holdharmless Agilisium, its affiliates, owners, investors, directors, employees,agents, consultants, partners, or providers from and against any and allclaims, causes of action, damages, losses, liabilities, costs and expenses(including, without limitation, attorneys’ fees and costs) arising from yourbreach 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 withus electronically. You consent to receive communications from uselectronically. We will communicate with you by e-mail or by posting notices onthe Website. You agree that all agreements, notices, disclosures, and othercommunications that we provide to you electronically satisfy any legalrequirement that such communications be in writing and are deemed to be givenand received on the date we transmit any such electronic communication.
11. Links:
Our Website and communications maycontain links to other websites and social media platforms such as Facebook andTwitter (“Linked Sites”). These Terms of Use only apply to the Websiteand do not apply to any Linked Sites. We encourage you to read and understandthe terms of use of any Linked Sites that you visit. Links do not imply that wesponsor, endorse, or affiliated with or associated with, or legally authorizedto use any trademark, trade name, service mark, design, logo, symbol, or othercopyrighted materials displayed on or accessible through any Linked Site.
12. Governing Law & Jurisdiction:
These Terms of Use are governed by thelaws of the State of Nevada. The United Nations Convention of Contracts forInternational Sale of Goods, Uniform Commercial Code, and the Uniform ComputerInformation 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 theWebsite 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 proceedingarising under these Terms of Use, the prevailing party will be entitled torecover its costs and attorneys' fees.
13. Injunctive Relief:
Agilisium may, in its sole discretionand without prior notice, block and/or terminate access to the Website or Content if wedetermine that you have violated these Terms of Use or other terms oragreements or that may be associated therewith. You hereby agree that anyviolation, or threatened violation, by you of these Terms of Use will causeirreparable loss & hardship to Agilisium, and therefore you agree that Agilisiumshall be entitled to injunctive or equitable relief without the necessity ofposting a bond, in addition to any other available remedies.
14. General Provisions:
If, for any reason, a court of competentjurisdiction finally determines any provision of these Terms of Use, ourPrivacy Policy, or any portion thereof to be unenforceable, such provisionshall be enforced to the maximum extent permissible so as to give the intendedeffect thereof, and the remainder of these Terms of Use and Privacy Policy shallcontinue in full force and effect. Agilisium’s failure to act with respect to abreach by you or others does not waive our right to act with respect to thatbreach or subsequent or similar breaches. No consent or waiver by Agilisiumhereof will be deemed effective unless in writing. These Terms of Use, togetherwith our Privacy Policy and any other terms applicable to our Products, as eachis currently posted, constitute the entire agreement between Agilisium and youwith respect to your use of the Website and Content and supersede all previouswritten or oral agreements relating to the subject matter hereof.
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