Terms and conditions

Terms of use

AGILESEVENTEEN COMMUNITY PORTAL

Date of Last Revision: November 16, 2022

1. Definitions
When we say, “we,” “our,” or “us,” we are referring to Agileseventeen, LLC, a Texas based
limited liability company, our employees, directors, officers, affiliates, and subsidiaries.
When we say “you” or “your,” we are referring to the person or entity that’s registered with us to
use the Agileseventeen Community Portal services.
When we say “Terms,” we mean our Terms of Service, which includes our Privacy Policy.
When we say “Websites,” we mean our websites located at agileseventeen.com, including all
subdomains and sites associated with those domains, and other websites that we operate now and
in the future.
“Agileseventeen, LLC” and “Agileseventeen Community Portal” are used interchangeably in
this terms of use.
When we say “information,” it includes all of the different forms of data that you provide us and
that we collect from you from your use of the services, your software, and your devices.

Welcome to AGILESEVENTEEN COMMUNITY PORTAL.
Agileseventeen Community Portal’s products and services are provided by Agileseventeen, LLC.
These terms and conditions of use (“Terms”) govern your use of Agileseventeen Community
Portal’s websites, mobile applications, products, and services (collectively, the “Services”), so
please read them carefully.
By accessing this website or using the Services, you are agreeing to the Terms, Agileseventeen
Community Portal’s Privacy Policy and Agileseventeen Community Portal’s Community
Guidelines. If you have any questions, please contact us.

2. Using our services
You may use our Services only if you can form a binding contract with Agileseventeen
Community Portal. No use of the Services is permitted by those under the age of majority in their
state or country of residence. In no event is use of the Services permitted by those under the age
of 15. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on
behalf of that entity.
Using our Services does not give you ownership of any intellectual property rights in our
Services or the content you access. Except in the context of browsing or accessing our Services
in accordance with these Terms, you may not use content from our Services unless you obtain
permission from its owner or are otherwise permitted by law. These Terms do not grant you the
right to use any branding or logos used in our Services. Do not remove, obscure, or alter any
legal notices displayed in or along with our Services.
Do not use our Services on any mobile device in a way that distracts you and prevents you from
obeying traffic or safety laws.
We may release and make available beta products, services, and features (collectively, “Beta
Services”) for a limited period of time (the “Beta Test”). Beta Services have not been completely
tested, are not ready for commercial release, and may contain bugs, errors, defects, and
deficiencies. We reserve the right to withdraw the Beta Services during the Beta Test. We do not
guarantee that the Beta Services will be made commercially available or that any commercially
available version of the Beta Services will contain the same functionality as the version made
available during the Beta Test. TO THE FULLEST EXTENT PERMITTED BY LAW,
AGILESEVENTEEN COMMUNITY PORTAL AND ITS AFFILIATES MAKE NO
WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE BETA SERVICES.

3. Information on the services
Our Services display both Agileseventeen Community Portal-created content and content that is

not created or developed by Agileseventeen Community Portal. We may review third party-
content to determine whether it is illegal or violates our policies, and we may remove or refuse to

display content that we reasonably believe violates our policies or the law. But we do not
routinely screen third-party content that is published via our Services. This includes the
information that professionals post on Agileseventeen Community Portal, and we cannot
guarantee the accuracy, adequacy or quality of any such information, or the qualifications of
those posting it.

4. No instructor-student relationship
The information found on Agileseventeen Community Portal, whether posted by Agileseventeen
or other community users, is intended for general informational purposes only. Such information
is not a provision of any training, and accessing such information, or corresponding with or

asking questions via the Services, or otherwise using the Services, does not create an instructor-
student relationship between you and Agileseventeen, LLC, or you and any user.

5. Interactions between members of the Agileseventeen Community
Agileseventeen Community Portal is a platform where Agile, Scrum and Safe professionals and
other users unaffiliated with Agileseventeen, LLC can offer information and interact with
consumers. Any contractual relationship relationship formed as a result of interactions between
Agileseventeen community portal users on Agileseventeen Community Portal is between users—
not between Agileseventeen, LLC and the user(s). Agileseventeen, LLC cannot be held
responsible for the quality or accuracy of any information or services provided by members of
Agileseventeen Community Portal that users found via Agileseventeen Community Portal.
Agileseventeen Community Portal is not a referral service.

6. Communication and posted information
It is solely the responsibility each user to ensure that any or place on the Agileseventeen
Community Portal website, and any communications they may have with other users through the
Services, fully complies with all applicable laws.

7. Copyright
We respond to notices of alleged copyright infringement and terminate accounts of repeat
violators in accordance with US laws including The Digital Millennium Copyright Act (DMCA).
If you believe that any material on the Site infringes upon any copyright which you own or
control, you may file a DMCA Notice of Alleged Infringement with Agileseventeen Community
Portal:
Agileseventeen Community Portal
Address:
Email

8. Disclaimers and acknowledgements regarding use of information
While Agileseventeen Community Portal strives to provide—and to allow users to provide—
useful information, there are some things that we cannot guarantee. You acknowledge that such
information consists of third party data and contributions, that there are certain inherent
limitations to the accuracy or currency of such information, that such information on may be
incomplete, may contain inaccuracies, or may be based on opinion. AGILESEVENTEEN
COMMUNITY PORTAL DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY
OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW,
AGILESEVENTEEN COMMUNITY PORTAL AND ITS AFFILIATES MAKE NO
WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE
SERVICES ARE PROVIDED “AS IS.” AGILESEVENTEEN COMMUNITY PORTAL ALSO
DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

9. Passwords and Accounts
You’re responsible for keeping your account name and password confidential. You’re also
responsible for any account that you have access to. You agree to notify us immediately of any
unauthorized use of your account. We’re not responsible for any losses due to stolen or hacked
passwords.

10. Payment Terms
There is $1 non-refundable charge to verify the identity of every registered user to qualify for a
free trial our services.
The free trial offer entitles new, registered users to a 6 month free trial of our Services. All fees
are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible
for payment of all such taxes or duties.
6-Month Plan: A valid credit card is required for you to continue using our Services on a 6-
month basis after the 6-month free trial period ends. The Services are billed in advance on a 6-
month and is non-refundable. There will be no refunds or credits for partial months, for account
upgrades or downgrades, or for months unused with an open account.
We reserve the right to change service fees upon thirty (30) days notice. Such notice may be
provided at any time by posting the changes on Agileseveeteen Commnity Portal or by email.
Agileseventeen, LLC saves every user’s credit card information for future payments.

11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
AGILESEVENTEEN COMMUNITY PORTAL OR ANY OF ITS AFFILIATES, SUPPLIERS
AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES
AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED
DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER
INTANGIBLE LOSSES, RESULTING FROM (A) THE INFORMATION PROVIDED BY
THE USERS OF AGILESEVENTEEN PORTAL; (B) YOUR ACCESS TO OR USE OF OR
INABILITY TO ACCESS OR USE THE SERVICES OR INFORMATION; (C) ANY
CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR
INFORMATION; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF
INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF
AGILESEVENTEEN, LLC, AND ITS AFFILIATES, FOR ANY CLAIM ARISING OUT OF
OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, IS LIMITED TO
THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM
RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM.

12. User posted content & other interactive services or areas
Agileseventeen Community Portal includes interactive areas in which you may post content and
information, questions and answers, comments, photos, and other materials (the “User Content”).
You retain all rights in, and are solely responsible for, the User Content you post to

Agileseventeen Community Portal. You are also solely responsible for your use of such
interactive features, and use them at your own risk. By using any interactive feature, you agree to
comply with the Agileseventeen Community Portal Community Guidelines. We reserve the right
to remove or modify User Content for any reason, including User Content that we believe
violates these Terms or our policies.
When you post User Content to Agileseventeen Community Portal, you give Agileseventeen
Community Portal and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such User Content throughout the world in any media. To
the extent such content is attached to a profile on the Agileseventeen Community Portal
platform, the foregoing license includes a right to reproduce your profile, and any name, likeness
or photograph contained in such profile. If you submit feedback or suggestions about our
Services, we may use your feedback or suggestions without obligation to you.

13. Indemnification
You agree to defend, indemnify and hold harmless Agileseventeen, LLC, its corporate affiliates,
independent contractors, service providers and consultants, and each of their respective directors,
employees and agents, from and against any claims, damages, costs, liabilities and expenses
(including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User
Content you post, store or otherwise transmit on or through the Services or your use of or
inability to use the Services, including without limitation any actual or threatened suit, demand
or claim arising out of or relating to the User Content, your conduct, your violation of these
Terms or your violation of the rights of any third party.

14. Modifications
Agileseventeen Community Portal may revise these Terms from time to time, on a prospective
basis, and we will always post the most up-to-date version on our website. If we determine, in
our sole discretion, that a modification to these Terms materially affects your rights, we will
notify you (by, for example, sending a message to your account email). By using or continuing to
use or access the Services after any revisions have come into effect, you agree to be bound by the
revised Terms.

15. Mandatory Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
We hope there is never a dispute, but if there is a ever a dispute, you and Agileseventeen, LLC
agree to try for 60 days to resolve it informally. You may send us the details of your concern to
Email__________________. However, if Agileseventeen Community Portal is not able to
informally resolve your complaint, you and Agileseventeen Community Portal agree to
individual binding arbitration. The following applies to any arbitration proceedings between you
and Agileseventeen Community Portal:

Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of
Dispute describing the nature and basis of the claim or dispute and the specific relief sought.
This notice may be sent via email or U.S. mail to: Email:_______________ or
address_________________________.

Any arbitration must be commenced by filing a demand for arbitration within one year from
when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-
year limitation period for asserting claims, any claim must be asserted within the shortest time
period permitted by applicable law.

Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good
cause to hold an in-person hearing instead. You may choose the location of any in-person
hearing from either your county of residence; or, if you are a business, the county of your
principal place of business; or, Agileseventeen, LLC place of business in Dallas County, Texas.
Notwithstanding our agreement to arbitrate disputes as provided above, the following
EXCEPTIONS will apply to the resolution of disputes between us:
Small Claims Court. If the claim qualifies, either you or Agileseventeen, LLC may bring an
action in small claims court Dallas County, Texas. Any small claims court action must be filed
within one year from when it first could be filed. Otherwise, the claim is permanently barred.
Injunctive relief. Agileseventeen, LLC may bring a lawsuit against you in any court of competent
jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services, or
any intellectual property infringement. In these instances, Agileseventeen, LLC may seek
injunctive relief without first engaging in the informal dispute resolution or arbitration process,
as described above in these Terms of Use.
Disputes not Covered by Arbitration. In the event that arbitration is found to be inapplicable or
unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided
below, the claim at issue will be brought under judicial proceedings in federal or state courts in
Dallas County, Texas, and you and Agileseventeen, LLC consent to personal jurisdiction and
exclusive venue in such courts.
Option to Opt Out of Arbitration. You may opt out of this agreement to arbitrate. If you do so,
neither you nor Agileseventeen, LLC can require the other to participate in an arbitration
proceeding. To opt out, you must notify us in writing within 30 days of the date that you first
became subject to the arbitration provision in these Terms. To opt out you must send us a clear
statement that you want to opt out of arbitration, along with your name, residence or business
address, and the email address associated with your account to: Email____________________.
NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you
allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-
wide arbitrations, private attorney-general actions, and any other proceedings where someone
acts in a representative capacity are not allowed. Any combining of individual proceedings must
have the consent of all parties.

16. Applicable law
The laws of the State of Texas will apply to any disputes arising out of or relating to these Terms
or the Services.

17. Termination
Notwithstanding any of these Terms, Agileseventeen, LLC reserves the right, without notice and
in its sole discretion, to terminate your license to use the Services, and to block or prevent your
access to and use of the Services. Agileseventeen Community Portal reserves the right to refuse
service to anyone for any reason at any time. In the event of termination of access to the Services
for any reason, you have no right to obtain a copy of any data or communications you stored or
effected via the Services, or any other data.

18. Entire agreement
These Terms constitute the entire agreement between you and Agileseventeen, LLC with respect
to the subject matter of these Terms, and supersede and replace any prior version of the Terms.
These Terms create no third party beneficiary rights.

19. Waiver, severability, and assignment
Agileseventeen, LLC’s failure to enforce a provision of these Terms is not a waiver of its right to
do so later. If any provision of these Terms is found unenforceable, the remaining provisions of
the Terms will remain in full effect and an enforceable Term or Terms will be substituted
reflecting our intent as closely as possible. You may not assign any of your rights under these
Terms, and any attempt to do so will be void. Agileseventeen Community Portal may assign its
rights to any of its affiliates or subsidiaries, or to any successor in interest of any business
associated with the Services.

20. Force Majeure
Agileseventeen, LLC is not liable for any delays or failure in performance of any part of the
Services, from any cause beyond our control.

21.  Questions and contact information
If you have any questions regarding the use of the Site, please contact our support team.