Terms & Conditions

In using this website, AgileBrains.com, you are deemed to have read and agreed to the following terms and conditions:The following terminology applies to these Terms & Conditions ("T&Cs"), Privacy Statement, and any disclaimer notice and any or all Agreements: "User", "You", and "Your" refers to you, the person accessing this website, AgileBrains.com (as owned and operated by AgileBrains Inc.) and accepting the Company's terms and conditions. "Company", "Ourselves", "We", and "Us" refers to our Company, AgileBrains Inc. AgileBrains.com is a platform for connecting consultants and other professionals with clients. "Party", "Parties", or "Us" refers to both the User and ourselves, or either the User or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner, for the express purpose of meeting the User's needs in respect of the provision of the Company's stated services, in accordance with and subject to prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they are taken as interchangeable and therefore as referring to the same.These Website Terms & Conditions apply to your access and use of AgileBrains.com (the "Site"), including all software, data, reports, text, images, sounds, video, and content made available through any portion of the Site (collectively, the "Content"). Content includes all such elements as a whole, as well as individual elements and portions thereof. If you are entering into these T&Cs on behalf of a company or other legal entity ("User Entity"), you must have the legal authority to contractually bind such User Entity to these T&Cs, in which case the terms "you," "your," or "User" will refer to such User Entity. If you lack such legal authority to contractually bind or you do not agree with these T&Cs, you must not accept these T&Cs or access or use the Site or Content. You may not access or use the Site or accept the T&Cs if you are not at least 18 years old. If you do not agree with all of the provisions of these T&Cs, do not access and/or use the Site.
1. Accounts1.1 Account Creation In order to use certain features of the Site, you must select a username and password and register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. The Company may suspend or terminate your Account in accordance with Section 4. 1.2 Account Responsibilities You are responsible for safeguarding and maintaining the confidentiality of your Account username and password information, and you are fully responsible for all activities that occur under your Account. The Company may rely on the assumption that any person using the Site with your username and password information is you or is authorized to act for you. The Company may also rely on the assumption that any communication to or from the email address provided in the Account registration process (or later associated by you with your Account) is a communication to or from you. You agree to immediately notify the Company of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Access and Use2.1 Authorization to Access and Use Site and Content 2.1.1 In order to use the Services, you agree to provide truthful and accurate information about yourself as prompted by the Service's application form ("Application Data"). You also agree to maintain and update the Application Data promptly to ensure it remains current and complete. If you provide any false or inaccurate information, or if the Company has reasonable grounds to suspect the information is false or inaccurate, the Company has the right to suspend or terminate your account and refuse your current or future use of the Services. You are responsible for safeguarding your account password and for all activities that occur under your password. The Company is not liable for any loss or damage resulting from your failure to comply with these requirements.2.2 Ownership and Restrictions 2.2.1 The Company exclusively owns all rights, title, and interest in and to the Site and Content. You are prohibited from sublicensing, reselling, renting, leasing, transferring, assigning, time-sharing, or otherwise commercially exploiting the Site and Content or making them available to any third party. You must not use the Site and Content in any unlawful manner or in a way that interferes with or disrupts their integrity or performance. Furthermore, you may not modify, adapt, or hack the Site and Content or attempt to gain unauthorized access to restricted portions of the Site and Content, as well as related systems or networks. This includes circumventing encryption or other security measures, accessing source code or underlying technology, or accessing any non-public parts of the Site, Content, or other Company products or services. 2.2.2 Except for publicly available materials that do not require an account name or password to access, you are not allowed to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Site and Content. However, you may download, display, and print one copy of publicly available materials for personal, non-commercial use, provided you do not modify the material and maintain all copyright, trademark, and proprietary notices. You must access the Site and Content only through the interface provided by the Company and not use any automated methods to access, copy, acquire, or monitor any portion of the Site or Content, or to reproduce or bypass the Site's presentation or navigational structure. The Company reserves the right to take lawful measures to prevent such activities. Additionally, you must not forge headers or manipulate identifiers to disguise the origin of any message or transmission sent to the Company through the Site. Impersonating others or entities is strictly prohibited.Please note that the text provided above is for informational purposes only and does not constitute legal advice. For a complete understanding of your rights and responsibilities, it is recommended to consult the actual terms and conditions provided by the Company. 2.3 Responsibility for Your Data2.3.1 You bear sole responsibility for all data, information, and other content that you upload, post, or otherwise provide or store ("posting") in connection with or relating to the Site. This means that you are accountable for ensuring the accuracy, legality, and appropriateness of the content you share on the Site. 2.4 Reservation of Rights 2.4.1 The Company and its licensors retain all rights and ownership over logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents, and patent applications that are used or related to the Site and Content. Under these Terms and Conditions, the Company does not grant you any rights or licenses (implied, by estoppel, or otherwise) to use these materials. 2.5 Modification You acknowledge and agree that the Company is not obligated to provide you with any support or maintenance services in connection with the Site. This means that you should not rely on the Company for technical assistance or ongoing maintenance of the Site. 2.6 No Support or Maintenance You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site. 2.7 Privacy Policy Company’s Privacy Policy, available at https://agilebrains.com/privacy is incorporated by reference in these T&Cs.
3. Use of Intellectual Property3.1 Rights in User Content3.1.1 When you post your information and other content (referred to as "User Content") on or through the Site and Content, you grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, publish, and perform the User Content in connection with the Site and Content. The Company has the right, but not the obligation, to monitor the Site, Content, and User Content. The Company may remove or disable any User Content at any time, for any reason or no reason at all. 3.2 Unsecured Transmission of User Content3.2.1 You understand that the operation of the Site and Platform, including User Content, may involve unencrypted transmission to the Company's third-party vendors and hosting partners for the purpose of operating and maintaining the Site and Content. Therefore, you acknowledge that you are solely responsible for ensuring adequate security, protection, and backup of User Content. The Company will not be liable to you for any unauthorized access or use of User Content or any loss, corruption, deletion, or destruction of User Content. 3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:3.3.1 You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content that: (i) Violates any third-party rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (ii) Is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable (iii) Is harmful to minors in any way or (iv) Violates any law, regulation, or obligations or restrictions imposed by any third party. 3.3.2 In addition, you agree not to: (i) Upload, transmit, or distribute any computer viruses, worms, or software intended to damage or alter a computer system or data (ii) Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, through the Site (iii) Use the Site to harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent (iv) Interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks (v) Attempt to gain unauthorized access to the Site or other computer systems or networks connected to or used together with the Site, whether through password mining or any other means (vi) Harass or interfere with any other user's use and enjoyment of the Site or (vii) Use software, automated agents, or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site or to extract data from the Site in any way that violates the Site's presentation or navigational structure, except for public search engines following the guidelines set forth in the Site's robots.txt file. 3.3.3 Additionally, you agree not to upload any content that is subject to confidentiality obligations owed to third parties. 3.4 Enforcement The Company reserves the right (but has no obligation) to review any User Content and to investigate and take appropriate action against you if you violate the Acceptable Use Policy or any other provision of the Terms and Conditions, or if you create liability for the Company or any other person. The actions that may be taken include removing or modifying your User Content, terminating your Account as outlined in Section 6, and/or reporting you to law enforcement authorities. 3.5 Feedback3.5.1 You have the option to provide ideas, suggestions, or comments ("Feedback") regarding the Site, Content, or the Company's business, products, or services. By submitting any Feedback, you acknowledge and agree to the following: (a) Your Feedback is provided voluntarily, and the Company may use and exploit the Feedback in any manner and for any purpose, without any obligations or limitations. (b) You will not seek or be entitled to any compensation, consideration, or attribution with respect to your Feedback, regardless of whether the Company uses or considers it. (c) Your Feedback is not considered confidential or proprietary information belonging to you or any third party. These provisions regarding Feedback help clarify that the Company has the freedom to utilize the feedback provided by users without any obligations or compensation. It also highlights that user feedback is not considered confidential.
4. Termination of Access Due to Violations 4.1 The Company reserves the right to terminate your access to the Site and/or block your future access to the Site in its sole discretion and without prior notice if it determines that you have violated the Terms and Conditions or any other agreements or guidelines associated with your use of the Site. If you violate the Terms and Conditions, you agree that it will cause irreparable harm to the Company, and that monetary damages would be inadequate. Therefore, you consent to the Company obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances, without limiting the Company's other available remedies. Furthermore, the Company may, in its sole discretion and without prior notice, terminate your access to the Site for cause, which may include, but is not limited to, the following situations: 1. Requests by law enforcement or other government agencies. 2. Discontinuance or material modification of the Site or any service offered on or through the Site. 3. Unexpected technical issues or problems. In these situations, the Company reserves the right to terminate your access to the Site without prior notice.
5. NO WARRANTIES AND DISCLAIMER BY COMPANY5.1 THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND COMPANY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT YOUR ACCESS OR USE OR BOTH OF THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND COMPANY DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND CONTENT, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM COMPANY OR THROUGH THE SITE AND PROPERTY WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs. 5.2 Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason (2) to modify or change the Site, or any portion of the Site, for any reason and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
6. LIMITED LIABILITY6.1 Exclusion of Damages and Limitation of Liability6.1.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THIS T&CS, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THE AGGREGATE LIABILITY OF COMPANY WITH REGARD TO THIS T&CS WILL IN NO EVENT EXCEED USD$1.00. 6.1.2 Jurisdictional Limitations Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, COMPANY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. COPYRIGHT POLICYCOMPANY respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: 1. your physical or electronic signature 2. Identification of the copyrighted work(s) that you claim to have been infringed 3. Identification of the material on our services that you claim is infringing and that you request us to remove 4. Sufficient information to permit us to locate such material 5. Your address, telephone number, and e-mail address 6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law and 7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. The contact information for the designated Copyright Agent for COMPANY is: The designated Copyright Agent for COMPANY is: MicroAgility Services Pvt Ltd. Designated Agent: Legal Department Address of Agent: Office #1, 2nd Floor, Sardar Arcade 2, G-11 Markaz, Islamabad Telephone: +92-51-2362662 Email: [email protected]
8. THIRD-PARTY LINKS & ADS OTHER USERS8.1 Third-Party Links & Ads Third-Party Links & Ads: The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. 8.2 Other Users Other Users: Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as a result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved. 8.3 Release You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
9. DISCLAIMERSTHE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. INDEMNIFICATION You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these T&Cs, (c) your violation of applicable laws or regulations, or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
11. GENERAL11.1 Changes These T&Cs are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you have provided us is not valid, or for any reason is not capable of delivering the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these T&Cs will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. 11.2 Dispute Resolution Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. (a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the T&Cs or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, including any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the T&Cs. (b) Notice Requirement and Informal Dispute Resolution: Before either party may seek arbitration, the party must first send a written Notice of Dispute ("Notice") to the other party, describing the nature and basis of the claim or dispute, and the requested relief. If you need to send a Notice to the Company, it should be sent to the following address: Office #1, 2nd Floor, Sardar Arcade 2, G-11 Markaz, Islamabad. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If the claim or dispute is not resolved within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. (c) Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the T&Cs. The JAMS Comprehensive Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at jamsadr.com. The arbitration shall be conducted by a single, neutral arbitrator. Claims or disputes seeking an award of less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes seeking an award of Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall provide reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award greater than the last settlement offer made by the Company prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. (d) Additional Rules for Non-Appearance Based Arbitration: If non-appearance based arbitration is elected, the arbitration can be conducted through telephone, online, and/or based solely on written submissions. The party initiating the arbitration can choose the specific manner. The arbitration does not require personal appearances by the parties or witnesses, unless otherwise agreed upon by the parties. (e) Time Limits: If you or the Company decide to pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (the legal deadline for filing a claim) and within any deadline imposed under the Arbitration Rules for the specific claim. (f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will have the authority to decide the rights and liabilities of both you and the Company. The dispute will not be consolidated with any other matters or joined with other cases or parties. The arbitrator can grant motions that dispose of all or part of any claim. The arbitrator can award monetary damages and provide non-monetary remedies or relief available to an individual under applicable law, the Arbitration Rules, and the T&Cs. The arbitrator will issue a written award and statement of decision outlining the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority as a judge in a court of law to grant relief on an individual basis. The award of the arbitrator is final and binding upon you and the Company. (g) WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. (h) WAIVER OF CLASS OR CONSOLIDATED ACTIONS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, then notwithstanding anything to the contrary in this Arbitration Agreement or T&Cs, neither you or Company is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 11.2(o). (i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. (k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement. (l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company. (m) Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court. (n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. (o) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Mercer County, New Jersey, for such purpose. 11.3 Export The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. 11.4 Electronic Communications The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights. 11.5 Entire T&Cs These T&Cs constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these T&Cs shall not operate as a waiver of such right or provision. The section titles in these T&Cs are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." If any provision of these T&Cs is, for any reason, held to be invalid or unenforceable, the other provisions of these T&Cs will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These T&Cs, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these T&Cs. The terms and conditions set forth in these T&Cs shall be binding upon assignees. 11.6 Consulting Services Agreements Notwithstanding anything to the contrary in Section 11.5 above, if at any time before or after you agree to these T&Cs you or a legal entity controlled by you enters into a consulting services agreement with Company, such agreement shall control over these T&Cs to the extent of any conflict between them. 11.7 T&Cs Updates Company reserves the right, at its sole discretion, to change or modify portions of these T&Cs at any time. Company will post the changes to these T&Cs on the Site and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check the T&Cs periodically for changes. Your continued use of the Site and Content after the date any such changes become effective constitutes your acceptance of the new or revised T&Cs. 11.8 Copyright/Trademark Information Copyright © 2023 www.AgileBrains.com (as owned and operated by MicroAgility Services Pvt Ltd). All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party, which may own the Marks. 11.9 Contact Information: MicroAgility Services Pvt Ltd. Office #1, 2nd Floor, Sardar Arcade 2, G-11 Markaz, Islamabad Telephone: +92-51-2362662 Email: [email protected]
12. Miscellaneous 12.1 These T&Cs, and any additions, changes, edits, and/or modifications made thereto by Company, together with Company's Privacy Policy, constitute the entire agreement between the parties with respect to the portions of the Site available without an account ID or password. Access to certain password-restricted portions of the Site is also subject to additional agreement(s). These T&Cs and any additions, changes, edits, and/or modifications made thereto by Company cannot be amended except by Company as set forth above. The failure of Company to exercise or enforce any right or provision of these T&Cs will not be a waiver of that right. Any notices to Company in connection with this agreement will be made by email transmitted to [email protected], provided that you also send a copy of such notice via a nationally recognized carrier to Office #1, 2nd Floor, Sardar Arcade 2, G-11 Markaz, Islamabad. In the event that any provision of these T&Cs will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these T&Cs will otherwise remain in full force and effect and enforceable.