November 10th, 2022
These terms and conditions are an agreement (“Agreement”) between you (“You” or “Your”) and Weisbart Consulting, Inc. (“Our” or “We” or “Us”) and governs Your participation in either or both of Our online agile programs (“Program”): Agile Virtual Summit (“AVS”) and Agile Mastery (“AM”). If you register for AM, You are an AM member (“AM Member”). If you register for an Agile Virtual Summit, You are an AVS participant (“AVS Participant”).
As an AM Member and/or AVS Participant, You agree as follows:
1. THE AVS PROGRAM AND REGISTRATION LEVELS
A. LIVE VIRTUAL EVENTS: From time to time, We offer a summit of live agilist programming on date(s) chosen by Us (“Live Virtual Event”). Each Live Virtual Event is a separate summit (a “Summit”). During a Live Virtual Event (and, at Our discretion, during any re-broadcasts), AVS Registrants may have the opportunity, at Your own caution, to interactively participate and to share personal information. We do not promise or guarantee the confidentiality of any information that You choose to share with any presenters, groups, or other AVS Registrants.
B. REGISTRATION LEVELS: We offer two levels of access to each Summit: a free access pass (“Free Access Pass”) and an all access pass (“All Access Pass”).
1. FREE ACCESS PASS: If You register for a Free Access Pass to a Summit, You may stream live programming during the Summit’s Live Virtual Event without charge. If You choose a Free Access Pass, You will not have on-demand access to the Summit’s programming, and You will not have access to bonus content from speakers. At Our sole discretion, We may choose to re-broadcast the Live Virtual Event, at dates and times of Our choosing, at no cost.
2. ALL ACCESS PASS: All Access Passes are fee-based, and the cost depends on the Summit. If You register for an All Access Pass to a Summit, You will have on-demand access to that Summit’s programming and to bonus content from the speakers. You will also have the benefits of a Free Access Pass.
3. REFUNDS OF ALL ACCESS PASSES: You must provide Us notice within 30 days after the conclusion of a Summit’s Live Virtual Event if You are requesting a refund of Your All Access Pass for any reason. To request a refund, You must email Us at [email protected] We will not issue a refund if You request a refund more than 30 days after the Summit’s Live Virtual Event concludes.
C. AM CROSS-PROMOTIONS: We may, but are not required to, provide AVS Registrants with limited access to AM Content and the AM Community. Any AVS Registrants who access AM Content and AM Community may have the opportunity, at their own caution, to interactively participate and to share personal information with others through OCT. Your participation in the AM Community and your use of OCT is not private. We do not promise or guarantee the confidentiality of any information that You choose to share with Us or to the AM Community. Members of the AM Community may include AVS Participants, even if they are not also AM Members, and we may open up the AM Community, or parts of the AM Community, to AVS Participants at Our sole discretion and without notice to You.
2. THE AM PROGRAM AND MEMBERSHIP COSTS (not required for the Agile Virtual Summit)
A. THE AM PROGRAM: AM Members enjoy exclusive agile and lean content (the “AM Content”) and a members-only community (the “AM Community”). As an AM Member, You will also have the opportunity, at Your own caution, to interactively participate and to share personal information with others through various online collaboration tools (“OCT”). Your participation in the AM Community and your use of OCT is not private. We do not promise or guarantee the confidentiality of any information that You choose to share with Us or to the AM Community. Members of the AM Community may include AVS Participants, even if they are not also AM Members, and we may open up the AM Community, or parts of the AM Community, to AVS Participants at Our sole discretion and without notice to You. We may limit, suspend, or terminate Your AM membership at any time, without refund and without notice, for any violation of this Agreement.
B. MONTHLY MEMBERSHIP: In order to have access to the AM Content and AM Community, You will be charged a monthly fee (the “Fee”), which will be billed on Your monthly anniversary date, which is the day of the month that You most recently became an AM Member (“Monthly Anniversary”). We may adjust or change the amount of the Fee, or change the frequency of the Fee, at any time. At Our discretion, We may offer discounted or introductory Fees.
C. CANCELLATION OF MONTHLY MEMBERSHIP: No ongoing commitment is currently required for monthly AM Members, and You may cancel at any time by emailing Us at [email protected] Your cancellation will be effective as of Your next Monthly Anniversary. We will not provide a refund If You fail to give Us timely notice of cancellation. If You wish to rejoin AM after cancelling, any discounted or introductory Fee may no longer be available to You. If You cancel Your AM membership, You will no longer have exclusive access to the AM Content or the AM Community.
D. PREPAID MEMBERSHIP: In lieu of a Fee, at Our discretion, We may offer You a prepaid plan (“Prepaid Plan”) for a flat rate (“Flat Rate”) for a set amount of time (the “Term”) for You to access the AM Content and AM Community. Your Flat Rate will be billed when you sign up for a Prepaid Plan, as well as on the anniversary date, based on the Term, from when You subscribed to the Prepaid Plan. We may adjust or change the amount of the Flat Rate, or change the length of the Term, for any renewals of Your Prepaid Plan. At Our discretion, We may offer a discounted or introductory Flat Rate.
E. CANCELLATION OF PREPAID MEMBERSHIP: You may cancel your Prepaid Plan by emailing Us at [email protected] Your cancellation will become effective at the end of Your current Term. We will not provide a refund If You fail to give Us notice of cancellation before Your Term expires. If You wish to rejoin AM after cancelling, any discounted or introductory Flat Rate may no longer be available to You. If You cancel Your AM membership, You will no longer have exclusive access to the AM Content or the AM Community.
3. GENERAL TERMS AND CONDITIONS
A. PUBLICITY CONSENT AND RELEASE
1. Video. In participating in a Program, You may have the opportunity to share Your name, likeness, and information (“Your Shared Name, Likeness, and Information”) via video conferencing (“Video”), such as Zoom. Your decision to participate in Video is completely voluntarily. Your Shared Name, Likeness, and Information may include, but is not limited to, identity, video, audio, images, and writings. You agree that We may video-record and audio-record Your Shared Name, Likeness, and Information, and that You will have no rights of ownership, whether in copyright or otherwise, in the Video of Your Shared Name, Likeness, and Information. You agree that We may make the Video (or audio or visuals) of Your Shared Name, Likeness, and Information available to AM Members and AVS Registrants for on-demand viewing and/or listening. We will own the Video of Your Shared Name, Likeness, and Information, and Our rights include the ability to edit Your Shared Name, Likeness, and Information at Our discretion without Your review or approval. You agree to grant Us a non-revocable license to allow Us to distribute and disseminate Your Shared Name, Likeness, and Information, including its audio and/or visuals, worldwide and in perpetuity in any manner consistent with this Agreement. Furthermore, We will have the exclusive right to do so.
2. Advertising. We may email or message You if We select You, Your content, or Your Shared Name, Likeness, and Information for Our advertising, publicity, or promotion. Your emailed or messaged approval means that, without expectation of compensation or other remuneration, now or in the future, You consent to Our use of Your image, likeness, and or/statements about or related to the Program(s), or about Us, for use on Our websites, and in Our publications, advertising and promotional materials, emails, and social media activities. This consent includes, but is not limited to, permission to photograph, film, or share any information you exchange via OCT, or to use Your Shared Name, Likeness, and Information, and is non-revocable and given in perpetuity.
B. PARTICIPATION REQUIREMENTS: As a condition of Your participation in a Program, You agree that You will not impersonate any person, or falsely state or otherwise misrepresent Your affiliation with any person. You may not instigate or encourage others to commit illegal activities or cause injury or property damage to any person, and You may not post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind. Furthermore, You must treat others with respect and agree to follow Our code of conduct stated here You understand that not doing so may lead to You being permanently barred from Our Programs, and Our future events and programs.
The comments, statements, and opinions of others are not made on Our behalf, and We offer no endorsement or validity to the opinion, advice, information or statement of any AM Member or AVS Participant. In addition, We reserve the right to alter, edit, or remove any postings, or AM Member-generated or AVS Participant-generated content, in whole or in part, for any reason whatsoever, and to disclose such materials and the circumstances surrounding a posting to any third party.
We do not actively moderate content, so any harassing or offensive behavior must be brought to Our attention by emailing [email protected]
C. SPEAKER CONTENT; NO GUARANTEES: Our Programs frequently rely on guest speakers (“Guest Speakers”). Guest Speakers have independently prepared their content, presentation, promotions, and materials. Guest Speakers are not Our agents, and their content, presentations, promotions, and materials are being offered solely on their own behalf. We are not making any promises or guarantees about Guest Speakers’ content, presentations, promotions, or materials. The information Guest Speakers share is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. We disclaim all liability for errors or omissions that appear in Guest Speaker content, presentations, promotions, or materials. You agree to waive and release any and all claims against Us for claims arising out of Guest Speaker content, presentations, promotions, or materials.
D. PROGRAM CONTENT; NO GUARANTEES AND NO REFUNDS: We are not making any promises or guarantees about any Program. Programs are intended for a general audience and do not purport to be, nor should they be construed as, specific advice tailored to You or to any individual. If You wish to apply what You learn from a Program, You assume all risks of doing so, including, but not limited to, all losses, costs, or damages. We disclaim all liability for errors or omissions that appear in Program content. You agree to waive and release any and all claims against Us for claims arising out of Program content.
E. LIMITATION ON TYPE AND AMOUNT OF DAMAGES AGAINST US AND GUEST SPEAKERS: The maximum total recovery for all claims that You assert against Us and/or Guest Speakers, whether based in contract, tort, equity, or otherwise, shall be limited to the value of the fees You have paid Us. Neither We nor any Guest Speaker shall be liable for any incidental, consequential, indirect, or punitive damages, however caused, and regardless of the theory of liability.
F. YOUR PROMISE THAT YOU WILL NOT INFRINGE ON INTELLECTUAL PROPERTY: You promise that You will not infringe on copyright, trademark, or other intellectual property rights that belong to Us, to Guest Speakers, or to AM Members or AVS Participants. You may not sell, record, share, or give away Program Content. In addition to other remedies available to Us, We will have the right to seek injunctive relief in court to stop You from Your infringing behavior, as well as the right to seek damages against You.
G. SYSTEM REQUIREMENTS: To participate in a Program, You must have access to the Internet, and an up-to-date modern web browser. We disclaim any liability arising out of failures of Your computer system or network, or Your inability to access a Program because of Your computer system or network.
H. EMAIL ADDRESS: In order to register for a Program, You agree to provide Us with Your name and email address. You also agree that We may use Your name and email address for Our marketing purposes. You may opt out of Our marketing emails by following the “unsubscribe” instructions in one of Our marketing emails.
I. LOGIN AND ACCOUNT: You agree that You will not share Your user name and/or password. It is Your responsibility to pick secure login information and to protect Your password to prevent unauthorized access to Your account.
J. OUR RIGHT TO EDIT AND REMOVE CONTENT AND END A PROGRAM: We reserve the right to add to or remove Program content at any time and, except as provided for above, without notice or refund to You. We also reserve the right to suspend or discontinue any Program.
J. WASHINGTON AND UNITED STATES JURISDICTION: You agree that by registering for and/or participating in a Program, You submit to the jurisdiction of the State of Washington and the United States of America.
By registering for a Program, You certify that You read, understand, and agree to the above terms and conditions. You also understand that We reserve the right, and expect, to update these terms and conditions and this Agreement from time to time and without notice to You.