Terms of Use

These Terms of Use ("Terms") govern your use of the free services, software, and website (the "Service") provided by AgileBurn, Inc. ("AgileBurn"). Our Privacy Policy explains the way we collect and use your information. By using the Service you agree to be bound by these Terms and our Privacy Policy. If you're using our Service on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" or "your" refers to that Organization.

Your AgileBurn Account

You may need to register for an AgileBurn account in order to fully access the Service. Any registration information that you provide to us must be accurate, current, and complete. You must also update your information so that we may send notices, statements, and other information to you.

You may only register for a single AgileBurn account and all AgileBurn accounts are granted to a single individual and may not be shared, without our prior express written permission.

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify AgileBurn of any unauthorized uses of your account or any other breaches of security. AgileBurn will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

You must ensure that you keep your login information, including your password, strictly confidential and not share such information with any unauthorized person.

You may never use another user's account.

You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.

Access to the Service

As part of the Service, we may provide client software (the "Software") for your use in connection with the Service. So long as you comply with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service; provided, however, that this license does not constitute a sale of the Software or any copy thereof, and as between AgileBurn and You, AgileBurn retains all right, title and interest in the Software.

The Service is not intended for use by persons under the age of 18. By using the Service, you are representing to us that you are over the age of 18.

Candidate Matching

AgileBurn's method is built to increase the odds a recruiter will find quickly find a matching candidate. Agileburn does not guarantee a match, interview, or control the speed the process works.

AgileBurn does not guarantee the accuracy of information provided by candidates. Our service is focused on providing a searchable set of available candidates. Our service does not replace any normal vetting or due diligence performed by the recruiting or hiring agency to determine eligibility or fit to hire.

Job Search Privacy Although AgileBurn takes steps to ensure confidentiality for candidates, there is no guarantee your job search will go unnoticed. We ask candidates to volunteer additional information about themselves to certain recruiters. Recruiters may be able to deduce your job search availability by the information you provide. To protect against these terms, you may choose which agencies can see your profile. AgileBurn does not guarantee your job search will go unnoticed if someone attempts to reverse engineer your information, communicate your availability outside of AgileBurn's processes, or violate our Terms of Use. Please share information to the extent you are comfortable making information public to the hiring community.

Recruiters using AgileBurn's services may not share information about candidates without their consent.

As the topic of privacy becomes more important to people and businesses, we want to show you exactly what information recruiters have access to when you create an account on AgileBurn.

Recruiters do not have access to your AgileBurn Profile without your control. You must enable your profile and choose which recruiters can see your profile.

If you enable your profile for a given recruiting agency, they will be able to see:

1. Your first name
2. The last time you confirmed your availability to interview
3. Information you provide in the candidate settings.
4. Other information you provide in your AgileBurn profile

If you reply to a Recruiter's message on AgileBurn, they will be able to view:

1. A link to your LinkedIn profile
2. Any contact information you provide in a custom message
3. Your last name

Anonymity. We at AgileBurn want to create an environment that allows for honest information exchange. We will never display or share your identity or personal information with employers or other users without your awareness and/or consent.

More information about how we use your personal information can be found in our Privacy Statement under the Protection of Certain Personally-Identifying Information section.

Assisted Searches

Privacy for Recruiters Recruiters can share opportunities with AgileBurn team members. We will then share the opportunity with candidates that might be a good fit. Although we will be discreet, AgileBurn cannot guarantee the confidentiality of a job opening. Please withhold client names or any other information you wish not to make available to an unknown candidate. We will share only what you provide us. Once AgileBurn finds a match, we will share their contact information with you. Any other information exchange or communication should be handled outside of the AgileBurn platform.

Sharing of Information AgileBurn may contact candidates who are a match for a given opportunity. If the candidate is interested in pursuing the opportunity, they must consent to share their contact information or LinkedIn URL with the related recruiter.

License to Use AgileBurn recruiters give permission to AgileBurn LLC to post and publicize job opportunities on social media or other outlets on their behalf.

Messaging

All users using AgileBurn's messaging feature agree to provide and share information that enables the process to quickly identify candidates that might be a fit for an interview. All information shared should be limited to this purpose. Any other information exchange or communication should be handled outside of the AgileBurn platform.

NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

AgileBurn does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and check out our Safety Tips.

YOU UNDERSTAND THAT AGILEBURN DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. AGILEBURN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. AGILEBURN RESERVES THE RIGHT TO CONDUCT AND YOU AUTHORIZE AGILEBURN TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY AGILEBURN, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

Though AgileBurn strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

Community Guidelines

Candidate guidelines. By using AgileBurn's services, Candidates agree to provide accurate information regarding their intent for finding a new opportunity and any information exchanged with a recruiter will be solely for this purpose.

Recruiter guidelines. By using AgileBurn's services, Recruiters agree to provide accurate information regarding their intent for finding a candidate for a current opportunity any information exchanged with a candidate will be solely for this purpose. Recruiters are expected to alert AgileBurn of any successful job placements made through the Agileburn processes.

Guidelines for all users. You represent and warrant that you will use AgileBurn solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on AgileBurn ("Your Content"). You agree that by submitting or authorizing Your Content for use on AgileBurn, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of AgileBurn violates applicable law or any third-party right. You agree that you will not:

1. Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
2. Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company
3. Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
4. Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;
5. Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
6. Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by AgileBurn);
7. Promote, endorse or further illegal activities;
8. Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
9. Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
10. Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
11. Solicit personally identifying information from minors;
12. Except as expressly approved by us, and subject to applicable laws, use AgileBurn for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
13. Imply an AgileBurn endorsement or partnership of any kind without our express written permission;
14. Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
15. Introduce software or automated agents to AgileBurn, or access AgileBurn so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from AgileBurn without our express written permission;
16. "Frame" or "mirror" or otherwise incorporate part of AgileBurn into any website, or "deep-link" to any portion of AgileBurn without our express written permission.
17. Copy, modify or create derivative works of AgileBurn or any Content (excluding Your Content) without our express written permission);
18. Copy or use the information, Content (excluding Your Content), or data on AgileBurn in connection with a competitive service, as determined by AgileBurn;
19. Sell, resell, rent, lease, loan, trade or otherwise monetize access to AgileBurn or any Content (excluding Your Content) without our express written permission;
20. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of AgileBurn;
21. Interfere with, disrupt, or create an undue burden on AgileBurn or the networks or services connected to AgileBurn;
22. Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to AgileBurn; or Attempt to circumvent any security feature of AgileBurn;

LinkedIn Integration

AgileBurn uses the LinkedIn API to allow users to sign in or join AgileBurn. In either the join or sign in process, AgileBurn records your first name, last name, email address, and URL associated to your LinkedIn image. Agileburn may expose your first name in relevent features such as the directory. Agileburn does not expose your email. Users may choose to display their LinkedIn photo in relevant features.

Removal of Content

While AgileBurn has no obligation to do so, AgileBurn reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on AgileBurn (including our Community Guidelines listed in the Terms of Use), or that we deem, in our sole discretion, inappropriate. If you see any Content on AgileBurn that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content or by contacting us via the Contact Us section of the website. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

We expect all of our users to follow these guidelines, as well as AgileBurn's Terms of Use and Privacy Policy. The candidate profiles posted on AgileBurn are provided by users.

If you see something on AgileBurn that you believe violates our guidelines, you should flag it for our review. We will reply via email with our decision; we do not accept or return phone calls. Keep in mind that flagging a piece of content for a second look does not guarantee that it will be removed from the site. Because of the diversity of our community, it's possible that something could be disagreeable or disturbing to you without meeting the criteria for being removed or blocked.

We ask our users to understand that we apply the same standard of review for all content (whether or not the content concerns an employer client of AgileBurn). Ultimately, content decisions are within our sole discretion and we do not negotiate about our application of a guideline to our final decision as to whether or not a piece of content warrants removal.

U.S. Law Related to User Provided Content. U.S. law, namely 47 U.S.C. section 230 (a provision of the 1996 Communication Decency Act), provides AgileBurn as a platform hosting third-party user-generated content ("UGC"), with broad and far-reaching immunity for the content created and submitted by our users. U.S. law also protects us from foreign libel judgments. The operation of AgileBurn's platform takes place solely in the U.S. by AgileBurn's U.S.-domiciled entity. So any judgment obtained against AgileBurn outside the U.S. (in the unlikely event AgileBurn is unable to prevail in a foreign proceeding) will still have to be enforced in the U.S. - subject to First Amendment protections and U.S. law as described above protecting AgileBurn for liability for the content created and submitted by our users.

Modifications to the Service

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.

Product Improvements

We are always striving to improve the Service. In order to do so, we measure, analyze, and aggregate how users interact with the Service, such as usage patterns and characteristics of our user base. We collect and use analytics data regarding the use of the Service as described in our Privacy Policy.

Your Data

"Your Data" means any data, content, code, video, images, or other materials of any type that you upload, submit, or otherwise transmit to or through AgileBurn and/or the Service. You will retain all right, title, and interest in and to Your Data in the form provided to AgileBurn. Subject to these Terms, you hereby grant to AgileBurn a nonexclusive, worldwide, royalty-free right to collect, use, copy, store, transmit, modify, and create derivative works of Your Data, in each case solely to the extent necessary to provide the applicable services on the Service. AgileBurn may also access your account and Your Data in order to respond to your support requests.

Security

AgileBurn implements security procedures to help protect Your Data from security attacks. However, you understand that the use of the Service necessarily involves transmission of Your Data over networks that are not owned, operated, or controlled by us, and we are not responsible for any of Your Data that is lost, altered, intercepted, or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmission of Your Data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.

Responsibility for Your Data

You must ensure that your use of AgileBurn and all Your Data is at all times compliant with all applicable local, state, federal, and international laws and regulations ("Laws"). You represent and warrant that: (i) you have obtained all necessary rights, releases, and permissions to provide all Your Data to AgileBurn and to grant the rights granted to AgileBurn in these Terms and (ii) Your Data and its transfer to and use by AgileBurn as authorized by you under these Terms do not violate any Laws (including without limitation to those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of AgileBurn's Privacy Policy. AgileBurn assumes no responsibility or liability for Your Data, and you shall be solely responsible for Your Data and the consequences of using, disclosing, storing, or transmitting it.

Sensitive Data

You will not submit to AgileBurn: (i) any personally identifiable information, except as necessary for the establishment or use of your AgileBurn account; (ii) any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or (iii) any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) ((i) through (iii), collectively, "Sensitive Data"). You also acknowledge that AgileBurn is not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that AgileBurn is not HIPAA compliant. "HIPAA" means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, AgileBurn has no liability under these Terms for Sensitive Data.

Removals and Suspension

AgileBurn has no obligation to monitor any content uploaded to the Service, including Your Data. Nonetheless, if we deem such action necessary based on your violation of these Terms or in response to takedown requests that we receive we may (1) remove Your Data from the Service or (2) suspend your access to AgileBurn. We will generally alert you when we take such action and give you a reasonable opportunity to cure your breach, but if we determine that your actions endanger the operation of AgileBurn or its users, we may suspend your access immediately without notice. We have no liability to you for removing or deleting Your Data from or suspending your access to AgileBurn as described in this section.

Restricted Use

You may not use the Service to substantially replicate products or services offered by AgileBurn. If AgileBurn believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Service may be temporarily or permanently revoked, with or without notice.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Service links, and that link to the Service. AgileBurn does not have any control over those non-AgileBurn websites and webpages, and is not responsible for their contents or their use. By linking to a non-AgileBurn website or webpage, AgileBurn does not represent or imply that it endorses such website or webpage. AgileBurn disclaims any responsibility for any harm resulting from your use of non-AgileBurn websites and webpages.

Intellectual Property

These Terms do not transfer from AgileBurn to you any AgileBurn or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with AgileBurn. AgileBurn, the Service, the AgileBurn logo, and all other trademarks, service marks, graphics and logos used in connection with AgileBurn or the Service are trademarks or registered trademarks of AgileBurn or AgileBurn's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any AgileBurn or third-party trademarks.

Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Changes

AgileBurn reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes. AgileBurn may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms.

Termination

You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. AgileBurn may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER AGILEBURN NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK.

The Service is controlled, operated and hosted from within the U.S. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGILEBURN, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT AGILEBURN HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGILEBURN'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED $100.

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the AgileBurn's Privacy Policy, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to defend, indemnify and hold harmless AgileBurn, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your use of and access to the Service or the Software, or from or in connection with Your Data, including but not limited to (i) your violation of these Terms and (ii) any claim brought by a third party alleging that Your Data infringes or misappropriates the intellectual property rights of a third party or violates applicable law.

AGILEBURN PROVIDES OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AGILEBURN DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE, AGILEBURN MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS' ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES. AGILEBURN TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES AGILEBURN TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH AGILEBURN. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. AGILEBURN IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys' fees. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Entire Agreement; Severability; Waiver

These Terms constitute the entire agreement between you and AgileBurn concerning the Service. These Terms replace any prior or contemporaneous agreements applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. AgileBurn's failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

This Privacy Policy describes AgileBurn's practices regarding the collection, use and disclosure of the information we collect from and about you when you use AgileBurn's applications (the "Service"). We take our obligations regarding your privacy seriously and have made every effort to draft this Privacy Policy in a manner that is clear and easy for you to understand. By accessing or using the Service, you agree to this Privacy Policy and our Terms of Service.

Your Content

Your use of the Service will involve you uploading or inputting various content into the Service. Such content may include Personal Information or other sensitive information that you choose to include.

We may, from time to time, collect other data that you voluntarily submit to our website through your participation in surveys, contests, promotions, sweepstakes, activities, events, customer support requests, and communications with us through our site or through third party social media.

AgileBurn may view your Content only as necessary (i) to maintain, provide and improve the Service; (ii) to resolve a support request from you; (iii) if we have a good faith belief, or have received a complaint alleging, that such Content is in violation of our Terms of Service

As of the date this policy went into effect, we use Google Analytics as an analytics provider. To learn more about the privacy policy of Google Analytics, refer to Google's Policies and Principles. Use the Google Analytics Opt-out Browser Add-on to prevent analytics information from being sent to Google Analytics.

Analytics information also consists of data we collect as a result of running queries against content across our user base for the purposes of generating Anonymous Usage Data. "Anonymous Usage Data" is aggregated data about a group or category of services, features or users that does not contain Personal Information. We primarily use this Anonymous Usage Data to analyze request and usage patterns so that we may provide, maintain, protect and enhance our products and services, though we reserve the right to use Anonymous Usage Data for any purpose and disclose Anonymous Usage Data to third parties in our sole discretion.

Though we may happen upon sensitive or Personal Information as we compile Anonymous Usage Data, this is a byproduct of our efforts to understand broader patterns and trends. It is not a concerted effort by us to examine the content of any particular customer or user.

How We Protect Your Information

The security of Your Data and Personal Information is important to us. AgileBurn takes reasonable steps to help protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration and destruction. AgileBurn uses commercially reasonable and industry-standard physical, managerial, and technical safeguards to preserve the integrity and security of your information. For example, we continuously and regularly back up your data to help prevent data loss and aid in data recovery.

How We May Contact You

If you provide your email address to us, we may occasionally send you an email to tell you about new features, solicit your feedback, or just to keep you up to date with what's going on with AgileBurn and our products. You may opt out of receiving these emails by following the instructions in the emails. If you opt out, we may still send you non-promotional emails, such as emails about your AgileBurn account or our ongoing business relationship.

If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. All feedback will be anonymized so that it cannot be associated to the user and Customer.

Links to Other Web Sites

We are not responsible for the practices employed by websites linked to from within the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect and your activities on that third party website is subject to such third party website's own rules and policies.

Our Policy Towards Children

AgileBurn is not intended to be used by individuals under 18 years of age. We do not knowingly collect Personal Information from children under 18. If we become aware that a child under 18 has provided us with Personal Information, we will take steps to delete such information. If you become aware that a child has provided us with Personal Information, please contact our Support Services.

International Data Transfer

Our servers are located in the United States (US). If you are located outside of the US, please be aware that any information provided to us, including Personal Information, will be transferred from your country of origin to the US. Except in the case of data transfers under the EU-US Privacy Shield, your decision to provide such data to us, or allow us to collect such data it through our Website or the Services, constitutes your consent to this data transfer.

Important Notice for Residents of the European Economic Area

In its current state, AgileBurn is U.S. company and takes measures to limit users to people who reside in the United States. Residents of the European Economic Area can access the website but agree to the Privacy Policy. AgileBurn does collect as-needed data through both user interaction and technology to better understand user behavior, control access, and enable related functionality. Not all international countries may have permission to access AgileBurn.

Access to Personal Information

Upon request to , we will provide you with confirmation as to whether we are processing your Personal Information, and have the data communicated to you within a reasonable time. You have the right to access, correct, amend or delete your Personal Information where it is inaccurate or has been processed in violation of this Privacy Policy. We may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests.

Service Offerings

Fourteeen day assessment periods begin at a date mutually agreed by both AgileBurn, LLC and the client. Typically, the period would begin within 7 days of receipt of payment.

AgileBurn, LLC reserves the right, without notice, to terminate any offering, alter pricing, or change the terms of these offerings at any time. AgileBurn, LLC also has the right to deny service at its discretion. If a service offering is terminated or altered, all services purchased before the time of termination or alteration will be honored. Other services not listed on the website may be provided to clients. In these cases, the terms and conditions listed herein apply to these unlisted services in conjunction with each clause of the client's service agreement (if applicable).

It is the client's responsibility to schedule and use consulting minutes.Clients are responsible to respond to all AgileBurn correspondence within 2 business days. Payments received from the client cover a reservation on AgileBurn's calendar and the completion of services per each agreement. If the client fails to communicate with the service provider during the attempted delivery of services, services will remain valid for 3 business days before services are cancelled. These terms and conditions address the refund policy in case services are cancelled. If the client arrives late to an appointment, coaching and training sessions will end on time and not run over into the next time block. If appointments are missed, the client will have the opportunity to reschedule once.

Payment and Refund Policy - All payments and applicable fees must be received before the start of services. Payments will be accepted via credit card, debit card, or PayPal. Pricing for each service is reviewed frequently on the site to ensure accuracy. Please note that all sales are final; no refunds. Also note that if a client engages in discourteous behavior, refuses to cooperate with personnel, or does not respond to communications from the service provider in an attempt to complete services within 3 business days, AgileBurn reserves the right to cancel services without obligation to refund the purchase price or fees.

Chargebacks and Fraud Prevention - Once payment is made for a service(s), the client expressly agrees not to initiate any chargeback request with the card issuer or claim fraud through the company's payment processor. Should the client initiate a chargeback request with the card issuer, the client agrees to share information regarding acceptance of these terms and conditions to nullify the chargeback request. If a fraud claim is submitted to the company's payment processor, the client agrees that acceptance of these terms and conditions and the proof thereof will serve as evidence to defeat any such claim. If the client initiates a chargeback or fraud claim and wins the dispute, the client revokes ownership of and agrees to surrender, refrain immediately from using all documents completed and stop employing strategies provided through training or coaching sessions. The company may seek damages for losses in such cases. If so, the client agrees to pay for applicable court costs, associates attorney's fees and any other costs involved. This chargeback and fraud prevention policy applies to clients who may attempt to or succeed at defrauding the company.

Release from Guarantees - Guarantees cannot be made concerning specific outcomes if a client invests in the company's service offerings. Job interviews, subsequent hires and promotions are solely at the discretion of an employer. Regardless of the career service option a client chooses, it will only be one component of the job search process. Success finding a new opportunity is based on many factors which are beyond the company's control.

Liability Disclaimer - Services rendered are based on the professional experience and suggestion of AgileBurn LLC, which is not liable for how the information (to include documents provided) are used by the client. AgileBurn LLC is not responsible for how you use the advice or documents provided. AgileBurn is not responsible for the accuracy of information provided by respective clients. Therefore, the company will not be liable for inaccurate, misleading or incorrect information. Each client is responsible for reviewing documents in detail before utilization during the job search. AgileBurn, LLC is not responsible for damage or injury caused by any inaccuracies. Clients agree to hold the company harmless of any such liability.

Important Information - Submitting payment for any service solidifies your acceptance of these terms and conditions, and each clause within the accompanying service agreement (if applicable). Once services are purchased, AgileBurn, LLC will reach out via email to the client to begin the process.

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Update History

Updates: 1/30/21: Added 'Mentoring on AgileBurn' section.

Updates: 2/1: Added clauses to Indemnification section. Added clauses to Mentoring on AgileBurn section re background checks. Updated expected age of AgileBurn user to be no less than 18.

Updates: 8/27: Added Agile Reviews and Community Guidelines sections in support of Agile Review feature. Terms are not limited to that feature.

Updates: 9/7: Naming of individuals will not be permitted.

Updates: 9/24: Added LinkedIn updates.

Updates: 10/5: Important Notice for Residents of the European Economic Area updated

Updates: 11/18: Removed language related to mentoring and surveys. Both features are not active at this time.

Updates: 11/20: Added job placement terms

Updates: 12/18: Added/updated job placement, job listing terms, and messaging terms. Updated community guidelines.

Updates: 4/18/22: Added Assisted Searches section. Removed references to Listing feature.

Updates: 4/24: Updated terms in Candidate Matching, Assisted Searches, Community Guidelines, Recruiter Agency Fees and Credit Policy

Updates: 5/22: Updated terms in Service Offerings

Updates: 6/12: Removed terms re recruiter fees.