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Terms of Use
Introduction:
By visiting
www.agilitas.com you agree to abide by the Terms of
Use described below. We have created these rules and
guidelines to protect you and to ensure that Agilitas
Software Corporation's website is safe for everybody. By
agreeing to these terms, you are taking responsibility
for your own actions. If you do not agree to the terms
of use below, please do not access or use this site.
Copyright © 2007 Agilitas Software Corporation. All
other rights reserved.
Legal Notice and
Disclaimer:
Agilitas Software Corporation
obtains all information, downloadable files and software
contained herein from sources believed by Agilitas
Software Corporation to be accurate and reliable.
Because of the possibility of human and mechanical error
as well as other factors, Agilitas Software Corporation
shall not be held responsible for any errors or
omissions in the information, and/or downloadable files,
and/or software available at the Agilitas Software
Corporation website. Agilitas Software Corporation makes
no representations, and expressly disclaims all
responsibilities, about the suitability, for any
purpose, of the information, downloadable files and/or
software that are available to the user at the Agilitas
Software Corporation website. Agilitas Software
Corporation may change any information and/or software
in the website at any time without notice of any kind.
The information and software on this site are provided
"as is" without expressed or implied warranties of any
kind. Agilitas Software Corporation expressly disclaims
all warranties with regard to the information and/or
software, including but not limited to all implied
warranties of merchantability and fitness for a
particular purpose. In no event shall Agilitas Software
Corporation be liable for any special, incidental,
indirect or consequential damages or any other damages
whatsoever, including without limitation, any loss of
use, lost data, or lost profits or opportunity, or
punitive damages, whether in an action of contract,
negligence or other tort action, arising out of or in
connection with the accuracy, use, or performance of the
information, and/or downloadable files and/or software
on Agilitas Software Corporation's website. Some U.S.
states and foreign countries may provide rights in
addition to those above, or do not allow limitation or
exclusion of implied warranties, or liability for
incidental or consequential damages. Therefore, the
above limitations may not apply to you or there may be
state provisions that supersede the above. Any clause or
any portion of a clause declared invalid shall be deemed
severable and shall not affect the validity or
enforceability of the remainder of the clause. These
terms may only be amended in writing, must be signed by
Agilitas Software Corporation's authorized
representatives, and shall be governed by the laws of
the state of Oregon.
Links to Third Party
Sites:
The links to third parties contained
within this website will allow you to leave Agilitas
Software Corporation’s site. The sites that are linked
to Agilitas Software Corporation’s site are not under
the control of Agilitas Software Corporation. Agilitas
Software Corporation is not, and shall not be, held
responsible for the contents, in any way or form, of any
linked site or of any link contained in a linked site.
Agilitas Software Corporation provides these links only
as a convenience to you, the user of the website; and
the inclusion of any link to a third party site it is
not, nor does it imply in any way Agilitas Software
Corporation’s of the linked site.
Any rights not expressly
granted by Agilitas Software Corporation herein are
expressly reserved.
Agilitas Software
Corporation Website Terms of
Use
- Acceptance of
Terms of Use
www.agilitas.com:
The
access to Agilitas Software Corporation’s site is
provided free of charge to you by Agilitas Software
Corporation under these Terms of Use. Although
portions of Agilitas Software Corporation’s site may
be viewed simply by visiting the site, in order to
access the e-commerce site and/or receive additional
services from Agilitas Software Corporation you may
need to sign on as a guest or register as a member of
Agilitas Software Corporation’s site. If you sign on
to Agilitas Software Corporation’s site as a guest or
if you register as a member of Agilitas Software
Corporation’s site community, these Terms of Use will
govern your use of Agilitas Software Corporation’s
site, including access to message boards and other
features.
BY SIGNING ON TO Agilitas Software
Corporation’S SITE AS A GUEST AND/OR BY OPENING AN
ACCOUNAT AND COMPLETING THE REGISTRATION PROCESS
AND/OR BY SELECTING THE "ORDER NOW" OPTION, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS
OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO
TIME.
These Terms of Use govern your use of
Agilitas Software Corporation’s site and all services
provided in connection with Agilitas Software
Corporation’s site. Agilitas Software Corporation
shall not be liable to you for any breach of these
Terms of Use. In addition, Agilitas Software
Corporation does not bear any fiduciary responsibility
to any user of this website. If you do not agree to
these Terms of Use, please do not enter or register at
Agilitas Software Corporation’s site. The Terms of Use
for your continued use of Agilitas Software
Corporation’s site will be posted on the site. Please
check this area before using Agilitas Software
Corporation’s site to determine whether a change has
been made to these Terms of Use. If you do not agree
to these changes in the Terms of Use as they may occur
from time to time, please arrange to terminate your
registration with Agilitas Software Corporation’s site
immediately (i) by notifying Agilitas Software
Corporation of your unwillingness to accept the
changes to the Terms of Use; and (ii) by discontinuing
your use of Agilitas Software Corporation’s site. Your
continued use of Agilitas Software Corporation’s site
shall be construed as, and shall constitute your
acceptance of any and all changes in the terms and
conditions set forth herein.
From time to time
Agilitas Software Corporation may supplement these
Terms of Use with additional Terms pertaining to
specific content or events ("Additional Terms"), which
Additional Terms may be placed on Agilitas Software
Corporation’s site to be viewed in connection with the
specific content or events and shall be identified as
such. You understand and agree that such Additional
Terms are hereby incorporated by reference into these
Terms of Use.
From time to time Agilitas
Software Corporation may supplement these Terms of Use
with additional Terms pertaining to specific content
or events ("Additional Terms"), which Additional Terms
may be placed on Agilitas Software Corporation’s site
to be viewed in connection with the specific content
or events and shall be identified as such. You
understand and agree that such Additional Terms are
hereby incorporated by reference into these Terms of
Use.
- Registration
Information/Privacy Policy
Collection of
Personal Information
When you engage in certain
activities on this site, such as ordering products,
downloading software, or entering contests, Agilitas
Software Corporation may ask you to provide certain
information about yourself by filling out and
submitting an online form. It is completely optional
for you to engage in these activities. If you elect to
engage in these activities, however, Agilitas Software
Corporation may require that you provide certain
personal information, such as your name, mailing
address, e-mail address, and other personal
identifying information. When ordering products on the
web site, you may be asked to provide a credit card
number. In some countries, Agilitas Software
Corporation is represented by an exclusive reseller
who provides marketing, sales, and support services on
behalf of Agilitas Software Corporation in the
interest of providing better service to customers
residing in those countries. When you submit personal
information to Agilitas Software Corporation, you
understand and agree that if you reside in a country
where Agilitas Software Corporation is represented by
an exclusive reseller, Agilitas Software Corporation
may forward your customer profile to such reseller for
the purpose of providing you with marketing, sales,
and support services. Your personal information will
not be leased, sold, rented or otherwise made
available to any other third party except to the
extent necessary to comply with applicable laws,
police investigations, or in legal proceedings where
such information is relevant. Occasionally, Agilitas
Software Corporation allows access to database
information to bonded mailing houses only for the
purpose of allowing for the printing of mailing labels
that are used for Agilitas Software Corporation's own
direct mail and promotional purposes. In those
instances, the third party is bound by these terms.
All information collected, regardless of type, will be
protected pursuant to the Privacy Act and the Freedom
of Information Act.
Agilitas Software
Corporation collects this information in order to
record and support your participation in the
activities you select. If you order a product, for
example, the information is used to register your
license and rights, if any, to upgrade discounts,
technical support, or other benefits that may be made
available to registered users. If you enter a contest,
information is collected to qualify the entry and
contact you regarding the contest or prize awards.
Agilitas Software Corporation also uses information
that you provide as part of our effort to keep you
informed about product upgrades, special offers, and
other Agilitas Software Corporation products and
services.
Notwithstanding other provisions
contained herein to the contrary, you hereby agree
that Agilitas Software Corporation may assign, sell,
license, or otherwise transfer to a third party, your
name, address, email address, member name and any
other personal information in connection with an
assignment, sale, joint venture, or other transfer or
disposition of a material portion or essentially all
of the assets or stock of Agilitas Software
Corporation or its affiliated entities.
Your
personally identifying information will not be used by
Agilitas Software Corporation for editorial purposes
unless you first agree in writing. Agilitas Software
Corporation may also use such information for Agilitas
Software Corporation promotional and marketing
purposes. Agilitas Software Corporation respects your
privacy. We recognize and appreciate the importance of
responsible use of this information and realize that
not everyone likes to receive special offers or
information about Agilitas Software Corporation
products.
If you would like to have your name
deactivated from Agilitas Software Corporation’s
lists, or if you would like to unsubscribe from
Agilitas Software Corporation’s e-mail bulletins,
please use the contact information below to request
those changes. Be sure to include your name, postal
address, telephone number, information contained in
your Agilitas Software Corporation mailer, and/or
other necessary information needed for deactivation.
Agilitas Software Corporation will use
reasonable efforts to honor your requests, but we
appreciate your patience in allowing us a reasonable
amount of time for processing.
You should be
aware that when you voluntarily disclose personal
information (e.g., user name, e-mail address, physical
address, etc.) publicly on Agilitas Software
Corporation’s discussion forum, that information can
be viewed and used by others and may result in
unsolicited messages from other posters or parties.
Use of Cookies
When you visit
www.agilitas.com, you can surf the site anonymously
and access important information without revealing
your identity. In order to analyze and improve our
site, we use "cookies" to track your visit. A cookie
is small amount of data that is transferred to your
browser by a Web server and can only be read by the
server that gave it to you. It cannot be executed as
code or deliver viruses.
Most browsers are
initially set to accept cookies. You can set your
browser to notify you when you receive a cookie,
giving which allows you to decide whether or not to
accept it. (For some Web pages that require an
authorization, cookies are not optional. Users
choosing not to accept cookies will not be able to
access those pages.)
While Agilitas Software
Corporation uses cookies to track your visit to
www.agilitas.com, and our Web servers automatically
log the IP/Internet address of your computer, this
information does not identify you personally and you
remain anonymous unless you have otherwise provided
Agilitas Software Corporation with personal
information.
Please note that Agilitas
Software Corporation is not responsible for the
content or privacy practices of third party Web sites
to which www.agilitas.com may link.
Users may send e-mail
to us at info@agilitas.com with any further questions.
Agilitas Software Corporation CONTACT
INFORMATION:
Attn: Agilitas Software
Corporation Privacy
PO BOX 2111
Portland, Oregon
97208-2111 USA
971.404.4225
E-mail: info@agilitas.com
- Modifications of
these Terms of Use
Agilitas Software
Corporation may modify these Terms of Use from time to
time at its sole discretion. Each time you log on to
Agilitas Software Corporation’s site, you will be
deemed to have accepted any such changes, unless you
arrange to terminate your registration with Agilitas
Software Corporation’s site immediately (i) by
notifying Agilitas Software Corporation of your
unwillingness to accept the changes to the Terms of
Use; and (ii) by discontinuing your use of Agilitas
Software Corporation’s site.
- Modifications of
the Agilitas Software Corporation Site
Agilitas Software Corporation may modify or
discontinue Agilitas Software Corporation’s site with
or without notice to you and without liability to you
or to any third party.
- Content of
Messages
You agree not to use Agilitas
Software Corporation’s site to send or post on message
boards or any place on Agilitas Software Corporation’s
site, any message or material that is unlawful,
harassing, libelous, defamatory, abusive, threatening,
harmful, vulgar, obscene, profane, sexually oriented,
threatening, racially offensive, inaccurate, or
otherwise objectionable material of any kind or nature
or that encourages conduct that could constitute a
criminal offense, give rise to civil liability or
otherwise violate any applicable local, state,
national or international law or regulation, or
encourage the use of controlled substances. Agilitas
Software Corporation reserves the right to delete any
such material from Agilitas Software Corporation’s
site. Agilitas Software Corporation will cooperate
fully with any law enforcement officials and/or
agencies in the investigation of any person or persons
who violate the Terms of Use contained in this Section
5.
You agree not to post or use Agilitas
Software Corporation’s site to distribute or send any
illegal material of any kind, including but not
limited to, illegal material in the form of text,
graphics, video, programs or audio files. Posting
content or participating in any form of discussion
with the intention to commit any illegal activity is
strictly prohibited.
You acknowledge that (i)
Agilitas Software Corporation allows you access to
content that is protected by copyright, trademark and
other intellectual and proprietary rights ("Rights");
(ii) these Rights are enforceable and protected in all
media and technologies whether now existing or
subsequently developed; and (iii) except as explicitly
provided to the contrary, these Terms of Use and the
applicable copyright, trademark and other laws govern
your use of such content. You may not post to Agilitas
Software Corporation’s site, copy, reproduce,
retransmit, distribute, publish, commercially exploit
or otherwise transfer any material subject to the
Rights. The burden of determining that Rights do not
protect any information, software, images or any other
content on Agilitas Software Corporation’s site rests
with you. You acknowledge that Agilitas Software
Corporation may acquire Rights to use any posted
materials as described below, and that you will not
acquire any of those Rights by downloading such
materials.
By submitting content, which shall
include your member name, to any "public area" of
Agilitas Software Corporation’s site, including
message boards, forums, contests and/or chat rooms,
you grant Agilitas Software Corporation and its
affiliates a royalty-free, fully paid up, perpetual,
irrevocable, non-exclusive right (including any moral
rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from,
distribute, communicate to the public, perform and
display the content (in whole or in part) worldwide
and/or to incorporate it in other works in any form,
media, or technology now known or subsequently
developed, for the full term of any Rights that may
exist in such content. You also warrant that the
holder of any Rights, including moral rights in such
content, has completely and effectively waived all
such rights and has effectively and irrevocably
granted to you the right to grant the license stated
above. You also permit any subscriber to access,
display, view, store and reproduce such content for
personal use. Subject to the foregoing, the owner of
such content placed on Agilitas Software Corporation’s
site retains any and all Rights that may exist in such
content.
- Errors on Our
Site
Prices and availability of products and
services are subject to change without notice. Errors
will be corrected when and where discovered, and
Agilitas Software Corporation reserves the right to
revoke any stated offer and to correct any errors,
inaccuracies or omissions including after an order has
been submitted and whether or not the order has been
confirmed and your credit card charged. If your credit
card has already been charged for the purchase and
your order is cancelled, Agilitas Software Corporation
will issue a credit to your credit card account in the
amount of the charge. Individual bank policies will
dictate when this amount is credited to your account.
If you are not fully satisfied with your purchase, you
may return it in accordance with Agilitas Software
Corporation's Return Policy.
- Third Party
Services
Special routing icons may be included
within Agilitas Software Corporation’s site, the
activation of which will allow you to access and learn
more about Agilitas Software Corporation and other
services provided by Agilitas Software Corporation or
its affiliates whereby the use of such icons is free
of additional charge to you. When you access any of
these services, your rights and obligations will be
governed by the agreements and policies relating to
the use of these services.
- Disclaimer of
Warranties
YOU EXPRESSLY AGREE THAT USE OF
Agilitas Software Corporation’S SITE IS AT YOUR SOLE
RISK. Agilitas Software Corporation’S SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Agilitas
Software Corporation EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Agilitas Software
Corporation MAKES NO WARRANTY THAT Agilitas Software
Corporation’S SITE WILL MEET YOUR REQUIREMENTS, OR
THAT Agilitas Software Corporation’S SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
Agilitas Software Corporation MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
Agilitas Software Corporation’S SITE. Agilitas
Software Corporation WILL NOT BE LIABLE FOR ANY
DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER
FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE
UNAVAILABILITY OR MALFUNCTION OF Agilitas Software
Corporation’S SITE.
YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF Agilitas Software
Corporation’S SITE IS AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT Agilitas
Software Corporation DOES NOT GUARANTEE THE ACCURACY
OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN
CONNECTION WITH Agilitas Software Corporation’S SITE.
Agilitas Software Corporation IS NOT RESPONSIBLE FOR
ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED
FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS
PROVIDED WITH THE UNDERSTANDING THAT NEITHER Agilitas
Software Corporation NOR ITS MEMBERS, WHILE SUCH
MEMBERS ARE PARTICIPATING IN Agilitas Software
Corporation’S SITE, ARE ENGAGED IN RENDERING LEGAL,
BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY
SERVICES. Agilitas Software Corporation ENCOURAGES YOU
TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR
ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
Agilitas Software Corporation SHALL NOT BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED
TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE
INFORMATION OR IDEAS CONTAINED, SUGGESTED OR
REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN
Agilitas Software Corporation’S SITE IS ENTIRELY AT
YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM Agilitas Software
Corporation OR THROUGH Agilitas Software Corporation’S
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
Agilitas Software Corporation MAKES NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH Agilitas Software Corporation’S SITE
OR ANY TRANSACTIONS ENTERED INTO THROUGH Agilitas
Software Corporation’S SITE.
Agilitas Software
Corporation IS NOT RESPONSIBLE FOR THE CONTENT ON THE
INTERNET OR WORLD WIDE WEB PAGES THAT RESIDE OR IS
POSTED OUTSIDE Agilitas Software Corporation’S SITE.
AS A CONVENIENCE TO Agilitas Software Corporation’S
USERS, Agilitas Software Corporation MAY PROVIDE LINKS
TO THIRD PARTY SITES AND TO RESOURCES THAT ARE BEYOND
Agilitas Software Corporation’S CONTROL. Agilitas
Software Corporation MAKES NO REPRESENTATIONS AS TO
THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF
ANY SITES TO WHICH Agilitas Software Corporation MAY
PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU
MIGHT HAVE AGAINST Agilitas Software Corporation WITH
RESPECT TO SUCH SITES.
- Limitation of
Liability
Agilitas Software Corporation SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE Agilitas Software
Corporation’S SITE OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY
GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Agilitas
Software Corporation’S SITE OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER
INTANGIBLES, EVEN IF Agilitas Software Corporation HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Promotional
Messages
Agilitas Software Corporation may,
from time to time, send e-mail messages to you
containing advertisements, promotions, etc. Agilitas
Software Corporation makes no representation or
warranty with respect to the content of any such
e-mail messages or any goods or services that may be
obtained from Agilitas Software Corporation, and you
agree that Agilitas Software Corporation shall not be
liable to you thereto.
- Indemnification
You agree to indemnify and hold each officer
and/or employee of Agilitas Software Corporation, its
parent companies, subsidiaries and affiliates,
harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party
due to or arising out of your use of Agilitas Software
Corporation’s site, the violation of these Terms of
Use by you, or the infringement by you, or any other
user of your account, of any intellectual property or
other right of any person or entity.
- Applicable Law
These Terms of Use shall be governed by and
construed in accordance with the laws of the state of
Oregon, without regard to conflicts of laws provisions
thereof. The sole jurisdiction and venue for actions
related to the subject matter hereof shall be Oregon
State and U.S. Federal courts sitting in the County of
Allegheny or, the Oregon State and U.S. Federal courts
having within their jurisdiction the location of
Agilitas Software Corporation's principal place of
business. In any action or proceeding to enforce
rights under this Agreement, the prevailing party will
be entitled to recover costs and attorneys' fees.
- Remedies for
Breach of these Terms by You
In the event that
Agilitas Software Corporation determines, at its sole
discretion, that you have breached any portion of
these Terms of Use, or have otherwise demonstrated
conduct inappropriate for the community of Agilitas
Software Corporation’s site, Agilitas Software
Corporation reserves the right to (i) warn you via
e-mail that you have violated these Terms of Use; (ii)
delete any content provided by you or your agent(s) to
Agilitas Software Corporation’s site, (iii) delete all
content provided by you to Agilitas Software
Corporation’s site, (iv) discontinue your registration
with Agilitas Software Corporation’s site and/or any
other Agilitas Software Corporation community; (v)
notify and/or send content to and/or fully cooperate
with the proper law enforcement authorities for
further action; and/or (vi) any other action that
Agilitas Software Corporation deems appropriate.
- Miscellaneous
In the event that any provision of the Terms of
Use conflicts with the law under which the Terms of
Use are to be construed or if any such provisions are
held invalid by a court with jurisdiction over the
parties to the Terms of Use, such provision will be
deemed to be restated to reflect as nearly as possible
the original intentions of the parties in accordance
with applicable law, and the remainder of these Terms
of Use will remain in full force and effect.
The failure of either
party to insist upon or enforce strict performance by
the other party of any provision of the Terms of Use
or to exercise any right under the Terms of Use will
not be construed as a waiver or relinquishment to any
extent of such party's right to assert or rely upon
any such provision or right in that or any other
instance, rather, the same will be and remain in full
force and effect.
Agilitas Software
Corporation may assign, without notice, its rights and
obligations under these Terms of Use and upon such
assignment Agilitas Software Corporation may be
relieved of any further obligation hereunder.
You represent to Agilitas Software Corporation
that you have the authority to register with Agilitas
Software Corporation’s site according to these Terms
of Use.
These Terms of Use and any Additional
Terms (as such terms shall be identified when posted
on Agilitas Software Corporation’s site by Agilitas
Software Corporation) constitute the entire
understanding between the parties as to the subject
matter herein, and supersede all prior agreements and
understandings. Any legally unenforceable provision of
these Terms of Use will, at the election of Agilitas
Software Corporation, be deleted or modified to
correct the defect and, regardless, the remainder of
the terms of these Terms of Use will remain valid and
enforceable.
Agilitas Software Corporation
reserves the right to charge fees, surcharges and/or
membership fees at any time without any notice to
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