These Terms also contain: Acceptable Use Policy, Copyright and Trademark Policy, and Refund Policy.
Using Timeless Agility
Who May Use Our Services
You may use our Services if you are legally allowed to form a binding agreement with Timeless Agility, and only in compliance with these Terms and all applicable laws. When you create an account or sign up for a mailing list with Timeless Agility, and subsequently when you use our Services, you must provide us with accurate information, and you agree to keep your information accurate and current.
Our License To You
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may use our Services and associated content for personal, non-commercial use only, unless you obtain Timeless Agility’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and that you will not share with any third party access to your personal account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Timeless Agility reserves the right to add, modify, or cancel any course, video, blog, or other content presented on timelessagility.com, including assignments, quizzes, and grading criteria (where applicable). Courses and other training material offered are subject to the Disclaimers and Limitation of Liability sections below.
Unless otherwise specified, participation in or completion of a course does not confer any academic credit. Timeless Agility has no obligation to have a course recognized by any educational institution or accreditation organization.
The Services enable you to share course completion certificates, quiz and survey results, and comments you make regarding training material and discussions (“User Content”). You retain all intellectual property right in, and are responsible for, the User Content you create and share.
To the extent that you provide User Content, you grant Timeless Agility a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. We reserve the right to remove of modify User Content for any reason.
By submitting Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Timeless Agility does not waive any rights to use similar or related Feedback previously known to Timeless Agility, developed by its employees or contractors, or obtained from other services.
While we work to protect the security of your account and related information, Timeless Agility cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing [email protected]
Timeless Agility may offer paid Services, such as Memberships, Courses, or Coaching for a fee paid via recurring subscription or one-time payment. For recurring subscriptions, you agree to be charged the agreed upon amount for the agreed upon duration as noted in the Services you selected until otherwise cancelled.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes at the time of purchase. Fees may vary based on your location and other factors, and Timeless Agility reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
Modifying and Terminating Our Services
We are constantly changing and improving our Services. We may add, modify, remove, suspend, or stop any Services at our discretion. Accordingly, Timeless Agility may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be provided under our Refund Policy. Timeless Agility shall not be liable to you for any such action. You can stop using our Services at any time, although we will be sad to see you go.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TIMELESS AGILITY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TIMELESS AGILITY FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIMELESS AGILITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE 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) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE TIMELESS AGILITY PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL TIMELESS AGILITY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY TIMELESS AGILITY FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless Timeless Agility from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by Timeless Agility, which is located in Strasburg, Virginia. You agree that any dispute related to these Terms will be governed by the laws of the State of Virginia, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Shenandoah County, Virginia as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Timeless Agility may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and Timeless Agility. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Acceptable Use Policy
Timeless Agility’s mission is to provide worldwide access to online agile training, courses, and coaching. This requires some interaction by and with you and others across the Internet. As such, we have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and otherwise use our Services.
Although we do not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.
You are prohibited from using our Services to share content that:
- Contains illegal content or promotes illegal activities with the intent to commit such activities.
- Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
- Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
- Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
- Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
You also aren’t allowed to:
- Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
- Share your password, let anyone access your account, or do anything that might put your account at risk.
- Attempt to access any other user’s account.
- Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
- Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
- Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
- Try to reverse engineer any portion of our Services.
- Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
- Use our Services to distribute malware.
- Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the things on this list.
Copyright and Trademark Policy
Timeless Agility respects the intellectual property rights of our partners, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Services infringe your copyright, the DCMA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
- the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Timeless Agility to locate the material on the Services;
- the name, address, telephone number, and email address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can be sent via email: [email protected]
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
Timeless Agility also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by Timeless Agility in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at [email protected], and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
Timeless Agility Refund Policy
Given that the full value of subscriptions, courses, and coaching/mentoring services is made available to you immediately upon delivery, Timeless Agility does not generally provide refunds unless otherwise specifically noted. We are not unreasonable. Your satisfaction is important to us, so if you are unhappy with the Services received, please start a conversation by emailing [email protected]
Timeless Agility does not offer refunds for payments made on a subscription plan, regardless of subscription duration or time used. If you cancel your subscription, cancellation will be effective at the end of the current subscription period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
You must cancel your subscription before your renewal date to avoid the next recurring billing.
For One-Time Course Purchases
Timeless Agility does not offer refunds for payments made on courses. Since these are one-time purchases, no cancellations are necessary and not further recurring payments will take place.
For Coaching and Mentoring Services
Timeless Agility coaching and mentoring services provided are not refundable. However, any unused retainers paid are refundable at the termination of the coaching and mentoring service.