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These Terms of Service (the “Terms of Service”) are a contract between you, the user, and AgilityNerd LLC, an Illinois corporation. AgilityNerd LLC operates agilitycoursemaster.com (the “Agility Course Master Site”) and the web and mobile application and services therein. By using the Agility Course Master mobile application, the Agility Course Master Site and any services accessible from the Agility Course Master Site, you are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Agility Course Master Site or any services or products offered on the Agility Course Master Site or on any other platform, including mobile applications, offered by AgilityNerd LLC (collectively, the “Service” or “Services”). VIOLATION OF ANY OF THE TERMS OF SERVICE BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SERVICE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. AgilityNerd LLC reserves the right to refuse service to anyone for any reason at any time. By being a member and using Agility Course Master, you agree to everything on this page. We have to do this to protect both you and us and make running this business possible. If you break these terms, you can't use Agility Course Master anymore.

Your Account

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In order to open an account on the Agility Course Master Site (the “Account”), you must (i) agree to these Terms of Service, and (ii) provide any other information required by Agility Course Master during the registration process. You will update this information to maintain its accuracy during the time you are using the Service. You are responsible for maintaining the security of your account and password. AgilityNerd LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content, code, features, comments, graphics or text that you may post on the Agility Course Master Site (the “Content”) and activity that occurs under your Account (even when Content is posted by others who have access to your Account). Any information submitted by you shall be subject to Agility Course Master's Privacy Policy. One person or legal entity may not maintain more than one Account. Accounts registered by “bots” or other automated methods are not permitted. Your account is your responsibility. If your account is compromised we'll try to help, but we can't guarantee we can fix any damages.

Our License to You

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AgilityNerd LLC hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Agility Course Master Site, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms of Service. You may not permit the Agility Course Master Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Agility Course Master Site. All rights not expressly granted to you are reserved by AgilityNerd LLC and its licensors. You shall not (i) modify or make derivative works based upon the Agility Course Master Site; (ii) reverse engineer or access the Agility Course Master Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Agility Course Master Site, or (c) copy any features, functions or graphics of the Agility Course Master Site. You further acknowledge and agree that, as between the parties, AgilityNerd LLC owns all right, title, and interest in and to the Agility Course Master Site, including all intellectual property rights therein. Don't copy Agility Course Master itself.

Your License to Us

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By submitting, posting or displaying Content on the Agility Course Master Site, you grant Agility Course Master and other users of the Services a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Specifically, the MIT license. If you specifically save a Pen as private in Agility Course Master, and that Pen has never been public on Agility Course Master or anywhere else, the code in that particular Pen is unlicensed. Public Pens you build on Agility Course Master are MIT licensed, meaning other people are free to use it for whatever they like as long as that is also MIT licensed. Don't put anything on Agility Course Master where that wouldn't be OK. Private Pens are un-licensed so that you may apply your own license and retain direct ownership.
You agree that this license includes the right for Agility Course Master and other users of the Services to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Agility Course Master or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. People don't have to pay you to use the things you make on Agility Course Master.
AgilityNerd LLC may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. The things you put on Agility Course Master may be modified in order to be visible or transmitted.
Additionally, by uploading Content to the Agility Course Master Site, you warrant, represent and agree that you have the right to grant AgilityNerd LLC the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. AgilityNerd LLC reserves the right in its discretion to remove any Content from the Agility Course Master Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law. Don't put nasty or copyright-infringing things on Agility Course Master.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. AgilityNerd LLC will not be responsible or liable for any use of your Content in accordance with these Terms of Service. Don't use Agility Course Master to do bad things. If you do, we'll remove your account and you personally are responsible for any trouble you cause.

Your Responsibilities

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The Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, our services are not available to minors (under 18 years of age). If you do not qualify as an authorized user, you are not permitted to use the Services and no contract will be formed between you and AgilityNerd LLC. You need to be 18 or older to sign up for Agility Course Master. We need these rules to be legally binding and you have to be 18 or older for that to be possible.
AgilityNerd LLC relies upon parents or guardians 18 years of age or older to determine if the Agility Course Master Site and Services are appropriate for the viewing, access, or participation by such individuals under the age of 18. We do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database. If you are under 13, you can't use Agility Course Master (sorry).
If you are 13 or over but under 18, have your legal guardian sign up for you.
As a condition of your use of the Services, you agree to (a) provide AgilityNerd LLC with true, accurate, current and complete information as prompted by the Agility Course Master registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. Don't lie on the sign up form.
You are responsible for all activity occurring under your Accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Agility Course Master Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data. Follow all laws that apply to you, based on where you live or anything else.
You shall: (i) notify Agility Course Master immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to AgilityNerd LLC immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you. If your account is hacked, let us know right away.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Agility Course Master Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Agility Course Master Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Agility Course Master Site. You shall also be responsible for the use, and maintaining the security, of the Equipment. BYO electricity, internet, computer, web browser, etc.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Agility Course Master be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or broadcast elsewhere. We don't monitor every single thing on Agility Course Master. It's up to you to do right.

Impermissible Acts

As a condition to your use of the Agility Course Master Site, you agree not to:

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upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group; Don't be a jerk.
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Don't be a jerk.
phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services; Don't be a jerk.
phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments; Don't be a jerk.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Agility Course Master Site; Don't be a jerk.
upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights; Don't be a jerk.
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; Don't be a jerk.
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Don't be a jerk.
use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Agility Course Master Site; Don't be a jerk.
reverse engineer, decompile or disassemble any of the software used to provide the Agility Course Master Site; Don't be a jerk.
reproduce, duplicate or copy or exploit any other portion of the Agility Course Master Site, without the express written permission of Agility Course Master; Don't be a jerk.
interfere with or disrupt the Agility Course Master Site, or any servers or networks connected to the Agility Course Master Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Agility Course Master Site; Don't be a jerk.
obtain, collect, store or modify the personal information about other users; Don't be a jerk.
modify, adapt or hack the Agility Course Master Site or falsely imply that some other site is associated with the Agility Course Master Site or Agility Course Master; or Don't be a jerk.
use the Agility Course Master Site for any illegal or unauthorized purpose. You must not, in the use of the Agility Course Master Site, violate any laws in your jurisdiction (including but not limited to copyright laws). Don't break laws.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Agility Course Master, its users and the public. We might pop into your account to help with a support request, but we otherwise don't go snooping around.

If we are legally required to provide information to the government that they request, we will, but not otherwise.

Feedback

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In the course of using the Agility Course Master Site, you may provide AgilityNerd LLC with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Agility Course Master Site (collectively “Feedback”). You hereby grant AgilityNerd LLC a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback. If you send us an idea, we might use it, in which case it's protected by all the same rules on this page.

Payment, Refunds, Upgrading and Downgrading

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A valid credit card is required for paying Accounts. The Agility Course Master Site is billed in accordance with the End User License Agreement ('EULA') you agreed to when you paid. All sales final.
You will be billed for your first month immediately upon signing up for a paying Account. After signing up for a paying Account, you will be billed monthly starting on the 30th day after your account was initially created. You will be billed for your first month immediately upon upgrading to a paying Account or a higher level Account. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged a pro-rated fee for the new level and subsequent months billed at the full rate for the chosen plan level. If you are on a monthly PRO plan, we re-bill automatically every 30 days.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein. If you're required to pay taxes on the purchase of a Agility Course Master PRO plan, that's on you.
DOWNGRADING YOUR AGILITY COURSE MASTER SITE PLAN MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. AGILITYNERD LLC DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS. If you downgrade from PRO to Master or Master to Starters, you won't have access to the PRO or Masters features (respectively) anymore.

Violation of these Terms of Service

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AgilityNerd LLC reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. AgilityNerd LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that AgilityNerd LLC has no obligation to pre-screen or monitor your access to or use of the Agility Course Master Site or any information, materials or other content provided or made available through the Agility Course Master Site, but has the right to do so. You hereby agree that AgilityNerd LLC may, in the exercise of AgilityNerd LLC's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable. We will delete anything that violates these rules. We have the right to take legal action against violations of these rules.

Cancellation and Termination

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You are solely responsible for properly canceling your account. You can cancel your account at any time by logging in to your account and going to the Settings page, the Profile tab, and clicking the Delete Account link and confirming the dialog box. You may cancel your payment plan but keep your account by logging in, going to the Settings page, the PRO account tab, and clicking the Cancel Plan link. An email or phone request to cancel your account shall not result in cancellation. If you don't want a Agility Course Master account anymore, it's up to you to delete it. You can do it right from the site.
Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Agility Course Master once your Account is cancelled. Please be aware that Agility Course Master may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us. If you delete your account, everything in it is gone forever.
Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period. If you are a PRO user and delete your account, you will not be re-billed.
AgilityNerd LLC, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case AgilityNerd LLC may refuse to provide you any current or future use of the Agility Course Master Site, or any other Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from AgilityNerd LLC once your account is terminated; however AgilityNerd LLC may for a time retain residual information in our backup and/or archival copies of our database. Don't use Agility Course Master for asset storage for non-Agility Course Master things.

Modifications to the Agility Course Master Site and Prices

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AgilityNerd LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Agility Course Master Site and Service (or any part thereof) with or without notice. The last thing we plan on doing is shutting down, but if we have to we have to.
Prices of all Agility Course Master Sites, including but not limited to monthly subscription plan fees to the Agility Course Master Site, are subject to change upon 30 days notice from AgilityNerd LLC. Such notice may be provided at any time by posting the changes to the Agility Course Master Site. If we change prices we'll give you 30 days of notice first.
AgilityNerd LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Agility Course Master Site. Hopefully any change we make to the site is for the better, but if we change something you don't like, it will be up to you to decide if you want to stay on.
AgilityNerd LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Agility Course Master Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Agility Course Master Site after any such changes shall constitute your consent to such changes. This page might change from time to time. We'll let you know through the in-app notification system of any major changes.

Copyright and Content Ownership

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All right, title, and interest in and to the Services (excluding Content provided by you), are and will remain the exclusive property of AgilityNerd LLC and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the AgilityNerd LLC name or any of the AgilityNerd LLC trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to AgilityNerd LLC or its third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services. The things you make on Agility Course Master are yours, "Agility Course Master" is ours.

Notification of Claims of Infringement

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If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify AgilityNerd LLC's agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at support@agilitycoursemaster.com or:

AgilityNerd LLC
P.O. Box 789
Prospect Heights, IL 60070
United States

Please provide our Agent with a notice including:

  • Identification of the material on the Agility Course Master Site that you claim is infringing, with enough detail so that we may locate it on the Agility Course Master Site;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.
If you need to report a copyright infringement, drop us a line.

Disclaimer of Warranties

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THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE AGILITY COURSE MASTER SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. AGILITYNERD LLC AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AGILITYNERD LLC AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. AGILITYNERD LLC DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE AGILITY COURSE MASTER SITE WILL BE CORRECTED. AGILITYNERD LLC AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. AGILITYNERD LLC AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AGILITY COURSE MASER SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE AGILITY COURSE MASTER SITE. There might be downtime. There might be bugs. The features might not always meet your exact needs.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE AGILITYCOURSE MASTER SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT. You use Agility Course Master by your own free will and are responsible for your own actions.
Technical support is only provided to paying Account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours. We actually respond to emails from any user the best we can, but with priority given to Master and PRO users.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. If you live somewhere where this doesn't apply, it doesn't apply.

Limitation of Liability

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UNDER NO CIRCUMSTANCES SHALL AGILITYNERD LLC OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR AGILITYCOURSE MASTER SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF AGILITYNERD LLC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR AGILITYCOURSE MASTER SITE, FROM INABILITY TO USE THE SERVICES OR AGILITYCOURSE MASTER SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR AGILITYCOURSE MASTER SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). We can't be liable for misuse of Agility Course Master or for Agility Course Master not meeting your needs.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR AGILITY COURSE MASTER SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE AGILITY COURSE MASTER SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. For example, if you try and somehow run a business through Agility Course Master and we have some downtime, we can't be responsible for your loss of profit.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If this doesn't apply to you because of where you live, it doesn't apply to you.
Without limiting the foregoing, under no circumstances shall AgilityNerd LLC or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Should a meteor strike the Earth right at our data center, we might go down.

Indemnification

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You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of the Services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify AgilityNerd LLC and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed into Agility Course Master including infringement of intellectual property laws or civil or criminal claims. AgilityNerd LLC shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. If you get in trouble with the law for something you did on Agility Course Master, that's on you and you agree that it isn't Agility Course Master itself's fault. If we receive notification of an infringement by you, we'll pass it along to you.

General

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These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of AgilityNerd LLC.

Questions about the Terms of Service should be addressed to support@agilitycoursemaster.com or by mail at:

AgilityNerd LLC
P.O. Box 789
Prospect Heights, IL
United States

Questions about billing should be addressed to support@agilitycoursemaster.com

If part of these terms are in conflict with laws in your region, the rest of the terms still apply. Any questions, hit us up.

Last Update: August 3, 2018