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Terms and Privacy

A Note from the Team

The MyAgilePLM Network is the easiest way to get expert answers to your questions and connect the world’s professionals to allow them to be more productive and successful. We created it to give everyone a chance to be recognized by their peers: recognized for their knowledge, their passion, and their willingness to help others get better at the things they are passionate about.

Our services are designed to promote economic opportunity for our members by enabling you and other professionals to meet, exchange ideas, learn, and find opportunities or employees, work, and make decisions in a network of trusted relationships.

We do ask that you treat our service and community with respect. Spam, personal attacks, and abusive language do not have a place on the MyAgilePLM Network. If you ever stumble across anything on the MyAgilePLM Network that looks like it violates our policies, please be sure to let us know by mailing to support@MyAgilePLM.com.

 

Accepting the Terms of Service

Please read these terms of service (“Agreement”) carefully before using the Network or any services provided on the Network (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by you (“Subscriber” or “You”) under the following terms and conditions:

1. Access to the Services

Subject to the terms and conditions of this Agreement, MyAgilePLM may offer to provide the Services, as described more fully on the Network, and which are selected by Subscriber, solely for Subscriber’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services MyAgilePLM performs for Subscriber, as well as the offering of any Content (as defined below) on the Network. MyAgilePLM may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. MyAgilePLM may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability. MyAgilePLM reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Network and by providing notice via e-mail, where possible, or on the Network. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber’s acceptance of the terms and conditions of this Agreement as modified.

Subscriber certifies to MyAgilePLM that Subscriber is an individual (i.e., not a corporate entity) at least 18 years of age. No one under the age of 18 may provide any personal information to or on MyAgilePLM (including, for example, a name, address, telephone number or email address). Subscriber also certifies that they are legally permitted to use the Services and access the Network, and takes full responsibility for the selection and use of the Services and access of the Network. This Agreement is void where prohibited by law, and the right to access the Network is revoked in such jurisdictions. MyAgilePLM makes no claim that the Network may be lawfully viewed or that Content may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If You access the Network from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.

MyAgilePLM will use reasonable efforts to ensure that the Network and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Network and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by MyAgilePLM to minimize such disruption where it is within MyAgilePLM’s reasonable control.

You agree that neither MyAgilePLM nor the Network will be liable in any event to You or any other party for any suspension, modification, discontinuance or lack of availability of the Network, the service, any Subscriber Content, or other Content.

MyAgilePLM retains the right to create limits on use and storage in its sole discretion at any time with or without notice.

Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Network or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. Network Content

The Network and its contents are intended solely for the use of the Network Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Network, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) (other than Content posted by Subscriber (“Subscriber Content”)) are the property of MyAgilePLM and/or third parties and are protected by United States and international copyright laws.

All trademarks, service marks, and trade names are proprietary to MyAgilePLM and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The Network is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Subscriber may download or copy the Content, and other items displayed on the Network for download, for personal use, provided that Subscriber maintains all copyright and other notices contained in such Content.

3. Subscriber Content

You grant MyAgilePLM the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so in any medium now known or hereinafter developed (“Content License”) in order to provide the Services, even if such Subscriber Content has been contributed and subsequently removed by You. Subscriber warrants, represents and agrees Subscriber has the right to grant MyAgilePLM and the Network the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. MyAgilePLM reserves the right to remove any Subscriber Content from the Network, re-post to the Network any Subscriber Content removed by any Subscriber or former Subscriber, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to MyAgilePLM and/or the Network under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if MyAgilePLM is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.

In the event that You post or otherwise use Subscriber Content outside of the Network or Services, with the exception of content entirely created by You, You agree that You will follow the attribution rules of the Creative Commons Attribution Share Alike license as follows:

  1. You will ensure that any such use of Subscriber Content visually displays or otherwise indicates the source of the Subscriber Content as coming from the MyAgilePLM Network. This requirement is satisfied with a discreet text blurb, or some other unobtrusive but clear visual indication.
  2. You will ensure that any such Internet use of Subscriber Content includes a hyperlink directly to the original question on the source site on the Network (e.g., http://www.MyAgilePLM.com/questions/12345)
  3. You will ensure that any such use of Subscriber Content visually display or otherwise clearly indicate the author names for every question and answer so used.
  4. You will ensure that any such Internet use of Subscriber Content Hyperlink each author name directly back to his or her user profile page on the source site on the Network (e.g., http://www.MyAgilePLM.com/member/12345), directly to the MyAgilePLM domain, in standard HTML (i.e. not through a Tinyurl or other such indirect hyperlink, form of obfuscation or redirection), without any “nofollow” command or any other such means of avoiding detection by search engines, and visible even with JavaScript disabled.

4. Restrictions

Subscriber is responsible for all of its activity in connection with the Services and accessing the Network. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the Network. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Network or Service user.

Use of the Network or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Network or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Network or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Network, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material.

5. Warranty disclaimer

MyAgilePLM has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that MyAgilePLM has no control over, and no duty to take any action regarding: which users gains access to the Network; which Content Subscriber accesses via the Network; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the Network is provided by and is the responsibility of the user or subscriber who posted the Content. MyAgilePLM does not monitor the Content of the Network and takes no responsibility for such Content. Subscriber releases MyAgilePLM from all liability for Subscriber having acquired or not acquired Content through the Network. The Network may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. MyAgilePLM makes no representations concerning any content contained in or accessed through the Network, and MyAgilePLM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Network.

Although MyAgilePLM and the Network will make reasonable efforts to store and preserve the material residing on the Network, neither MyAgilePLM nor the Network is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Network. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Network.

The Services, Content, Network and any Software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. MyAgilePLM makes no representations or warranties of any kind with respect to the Network, the Services, including any representation or warranty that the use of the Network or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.

To the fullest extent allowed by law, MyAgilePLM disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Network. By using this Network, you acknowledge that MyAgilePLM is not responsible or liable for any harm resulting from (1) use of the Network; (2) downloading information contained on the Network including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Network, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.

6. Third party websites

Users of the Network may gain access from the Network to third party sites on the Internet through hypertext or other computer links on the Network. Third party sites are not within the supervision or control of MyAgilePLM or the Network. Unless explicitly otherwise provided, neither MyAgilePLM nor the Network make any representation or warranty whatsoever about any third party site that is linked to the Network, or endorse the products or services offered on such site. MyAgilePLM and the Network disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Network or MyAgilePLM with respect to such sites and third party content.

7. Registration and security

As a condition to using Services, Subscriber may be required to register with MyAgilePLM and select a password and profile name. Subscriber shall provide MyAgilePLM with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber’s account. Subscriber may not (a) select or use as a profile name a name of another person with the intent to impersonate that person; or (b) use as a profile name a name subject to any rights of a person other than Subscriber without appropriate authorization. MyAgilePLM reserves the right to refuse registration of, or cancel a profile name in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber’s password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Network and MyAgilePLM from any and all liability concerning such activity. Subscriber agrees to notify MyAgilePLM immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The Network will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.

8. Indemnity

Subscriber will indemnify and hold MyAgilePLM, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Network, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber’s account, of any intellectual property or other right of any person or entity.

9. Limitation of liability

In no event shall MyAgilePLM, its directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the Network or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Network, errors or omissions; or (d) damages related to downloading or posting Content. MyAgilePLM’s and the Network’s collective liability under this agreement shall be limited to three hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.

10. Fees and payment

Some of the Services require payment of fees. All fees are stated in U.S. dollars. Subscriber shall pay all applicable fees, as described on the Network in connection with such Services selected by Subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Network. Subscriber represents to MyAgilePLM that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided “AS IS” with no warranties of any kind. MyAgilePLM may modify and/or eliminate such fee-based Services at its discretion. Subscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the Network.

MyAgilePLM may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Network and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.

11. Termination

Either party may terminate the Services at any time by notifying the other party by any means. MyAgilePLM may also terminate or suspend any and all Services and access to the Network immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber’s account, Subscriber’s right to use the Services, access the Network, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Network and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to MyAgilePLM or the Network, including without limitation any indemnification obligations contained herein.

 

 

 

 

 Privacy Policy

Please review our Privacy Policy, which governs the use of personal information on the Network and to which Subscriber agrees to be bound as a user of the Network.

Miscellaneous

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between You, the Network and MyAgilePLM with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MyAgilePLM shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MyAgilePLM’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with MyAgilePLM’s prior written consent. MyAgilePLM may assign this Agreement in whole or in part at any time without Subscriber’s consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind MyAgilePLM in any respect whatsoever. Any notice to the Network that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to info@MyAgilePLM.com.

Community “Angels”

MyAgilePLM periodically appoints and elects “Angels” from the community. These Angels are bound by the Community “Angels” Agreement below.

I acknowledge and agree that as an “Angel” for MyAgilePLM:

  1. I will abide by the then-current Terms of Service of MyAgilePLM, and other “Angel” policies made available to me,
  2. I acknowledge that I may have access to potentially personally-identifying information about MyAgilePLM users and that in connection with such access
    1. I will use such information solely in accordance with the then-current Privacy Policy of MyAgilePLM,
    2. I will not disclose this information to anyone,
    3. I will not store or copy this information and
    4. I will only use such information in connection with performance as a MyAgilePLM moderator for the benefit of MyAgilePLM.

I acknowledge and agree that I am an independent volunteer moderator to MyAgilePLM and I am not an employee, agent or representative of MyAgilePLM and I have no authority to bind MyAgilePLM in any manner. MyAgilePLM reserves the right to terminate my privileges as a moderator at any time without warning.

Copyright Policy

If You believe that content residing or accessible on the Network infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address:

  1. Identification of the work or material being infringed.
  2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that MyAgilePLM is capable of finding and verifying its existence.
  3. Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
  4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  6. The Notifying Party’s physical or electronic signature.

After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, MyAgilePLM shall:

  1. Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Network.
  2. MyAgilePLM will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.
  3. MyAgilePLM reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.

Government Users

If you are a U.S. government user or otherwise accessing or using any MyAgilePLM service in a U.S. government capacity, this Amendment to the MyAgilePLM Network Terms of Service shall apply to you.

This Privacy Policy was last modified on March 1st, 2015.

 MyAgilePLM (“we”) operates http://www.MyAgilePLM.com (the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.

We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.

Information Collection and Use

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name (“Personal Information”).

 Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier.

Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Changes to This Privacy Policy

MyAgilePLM may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on the Site. You are advised to review this Privacy Policy periodically for any changes.

 

Contact Us

If you have any questions about this Privacy Policy, please contact us: info@myagileplm.com

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