Privacy Policy for The DeBruce Foundation & Agile Work Profiler© (AWP)

This Privacy Policy governs your use of the websites located at debruce.org and agilities.org and other websites and mobile applications on which The DeBruce Foundation or one of its affiliates (collectively, “we” or “us”) posts this Privacy Policy or a link to the Privacy Policy (collectively “Site(s)”).

This Privacy Policy outlines the type of Personal Information and other information that is collected through the Sites and how that information is used. We take your privacy seriously, and we have implemented security measures to protect your information from unauthorized access, disclosure, use, and modification.

Your Consent to this Privacy Policy

By visiting this Site or using the products or services offered on or through this Site, you agree to this Privacy Policy, as it may be amended from time to time. This Privacy Policy is incorporated into the Terms of Use for this Site. By providing Personal Information to this Site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, in accordance with applicable law.

Personal Information

We may from time to time ask you for Personal Information, and we may collect certain information from your device each time you visit our Site. We may also receive Personal Information from third parties with whom we have a business relationship, including our organizational customers, resellers, licensees, and business partners. “Personal Information” means personally identifiable information and includes, for example, your name; street address; e-mail address; SMS or text message address; phone number; credit card and other payment information; information regarding your academic and extracurricular activities and interests that may identify you; and other information that may identify you as an individual or allow online contact with you.

FOR PARENTS OF CHILDREN UNDER THE AGE OF 13:

For any user under the age of 13, we must have permission from such user’s parent or legal guardian before we collect or use any Personal Information of such user on the Site. You are welcome to call us at (816) 298-6037 to review any Personal Information we have collected about your child. You may request that we delete this information or specify that we collect no more of your child’s information. We will need to verify the identity of anyone requesting information about a child under the age of 13 to ensure that the person is in fact the child’s parent or legal guardian.

Right to Opt In and Opt Out

You may have the right to “opt-in” and “opt-out” of certain of our uses of your Personal Information. For example, you may be able to elect not to receive correspondence from us or have your Personal Information shared with other entities for their marketing purposes. In such a case, you may make this request by sending an e-mail to info@debruce.org. In this e-mail, please say whether: (i) you would like to opt out of receiving all e-mail promotional correspondence from us in general or (ii) if you would only like to opt out of certain of our e-newsletters or correspondence and if so which ones or (iii) you would like to opt out of receiving SMS or text messages. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

We do not disclose your Personal Information to third parties for their direct marketing purposes.

Information Collected on this Site:

USER-PROVIDED INFORMATION

We may collect Personal Information from users when they register or create an account on our Site, or through other ways such as through such user’s activities, transactions and completion of the Agile Work Profiler (AWP), questionnaires, surveys or other similar types of forms on our Site (herein collectively “Questionnaires”). We may also obtain the date, time and content of messages in the course of your use of our products or services as well as any transcripts or content provided during real-time or asynchronous chat sessions. You may provide this information directly to us or consent to us receiving it from a third party. We may use or disclose information provided by you in response to Questionnaires for purposes of providing the services related to the Questionnaires, improving the Questionnaires themselves, and for our general business and charitable purposes. We may use or disclose information to third parties in a manner that does not personally identify any individual user.

SITE USAGE INFORMATION

Cookies. We and our service providers may use “cookies” to keep, and sometimes track, information about you, and to create a personalized web experience. Cookies are small data files that are stored on your device’s web browser. Cookies track where you travel on our Site and what you look at and how you interact with the Site. By using this Site, you agree to the use of cookies in this way. Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on your device, your Flash Player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Site or certain areas or features of the Site.

Clear GIFs. We and our service providers may use “clear GIFs” (a/k/a “Web beacons” or “pixel tags”) or similar technologies, on the Site and/or in our communications (e.g., in our HTML-based e-mails) which enable us to know whether you have visited a Web page or received or opened a message. This allows us to evaluate the effectiveness of our communications and marketing campaigns.

IP Address and Clickstream Data. We may automatically collect information from your browser when you visit our Site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us and the referring website address.

How Personal Information is Used

We may use your Personal Information to:

• provide you with and personalize our products and services, including storing transcripts of, and content provided during the completion of Questionnaires, chat sessions or other online communication sessions, creating an account for you, and enrolling you in particular services or trials;
• process your requests, manage your account, provide you customer service, and ask for your feedback and send you surveys to help make our products and services better;
• maintain our internal records and otherwise manage our business;
• send you newsletters and notices about our products and services;
• improve the AWP, and perform research and analysis with data entered into the AWP and its correlation with the applicable Agilities, your interests, strengths and opportunities;
• develop and display content tailored to your interests on our Site
• enforce our terms and conditions; and
• perform functions as otherwise described to you at the time of collection.

Our Constituents

We work with employers, schools, colleges and universities, state and local government agencies, and other institutions (our “Constituents”), and individuals, to provide programs to assist in identifying meaningful career and educational options and opportunities (collectively the “Programs”). We may share the Personal Information and other information that you provide to us through your participation in these Programs, including responses to Questionnaires and comments you leave in post-session surveys, with our Constituents, or with your parents or guardians to the extent reasonably necessary to provide you with our services or process your requests.

SERVICE PROVIDERS

We may share your Personal Information with our service providers, including those who help deliver the AWP and our products and services, help us process data and transactions, and otherwise help us operate our business. These third parties are not authorized by us to use your Personal Information except in connection with providing services to us.

AGGREGATED AND NON-PERSONAL INFORMATION

We may share non-Personal Information we collect under any of the above circumstances. We may also share it with our affiliates and third parties to develop and deliver targeted messages and advertising on our websites and on websites of third parties, and to analyze and report on advertising you see. We may combine Site usage information we collect with other non-Personal Information we obtain from other sources. We may also share aggregated, non-Personal Information with third parties, including Constituents, advisors, advertisers and investors, for the purpose of conducting general business analysis.

LEGALLY COMPELLED DISCLOSURES AND SAFETY

We may disclose your information when compelled to do so by government authorities or otherwise as required or permitted by law, such as to respond to court orders and subpoenas. We also may disclose your information to protect the safety of others and when we have reason to believe that someone is causing injury to or interfering with our rights or property or the rights or property of others.

BUSINESS TRANSFER

If the AWP or all or a portion of our business is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information, subject to use only as permitted herein, may be one of the transferred assets.

Using Caution when Sharing Information with Others

When you contribute to a public area or feature of our Site, such as a chat room, bulletin board, list serve, blog, or wiki, the information that you submit will be made available to the general public. Therefore, we recommend that you do not submit any sensitive information to such areas of our Site, including your full name, home address, phone number, financial information or any other information that would enable other users to locate you or contact you.

You should also take care with how you handle and disclose your Personal Information and should avoid sending Personal Information through insecure email, SMS messaging or similar communications.
When you are on our Site, you may be able to visit or link to other sites not operated by us. We do not control such sites and we are not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other websites, and we encourage you to read the posted privacy policies of such sites. This Privacy Policy does not address information you may provide other than through the AWP or one of our Sites.

Changes to this Privacy Policy

We will update this Privacy Policy from time to time. When we post changes to this Privacy Policy, we will revise the “Effective Date” at the top of this Privacy Policy. We recommend that you check our Site from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

Contact Us

If you have any questions or comments regarding our privacy practices, you may contact us at the following address:

DeBruce Foundation
4520 Main Street
Suite 1400
Kansas City, MO 64111

Users Outside of the United States:

You may request that we delete Personal Information collected from you at the Site by sending an email to info@debruce.org requesting such deletion. Please note that if you are receiving services from us, we will need to keep such information during the course of providing those services to you to communicate with you about them.

Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and The DeBruce Foundation or one of its affiliates (collectively, “we” or “us”) (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Sites located at debruce.org, agilities.org, and at any other websites and mobile applications on which The DeBruce Foundation or one of its affiliates (collectively, “we” or “us”) posts these Terms of Use or a link to these Terms of Use (collectively “Site(s)”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.debruce.org/terms-of-use and www.debruce.org/privacy-policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site. These Terms of Use do not govern your use of software or services we offer that are provided under a separate license, EULA, or subscription agreement (“Other Agreement”). In the event of any conflict between the terms of these Terms of Use and the terms of any applicable Other Agreement, the terms of the Other Agreement shall prevail.

This Site is offered and available to users who are 13 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy debruce.org/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. 

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: info@debruce.org.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

To the extent you provide us with any suggestions or other feedback regarding the Sites, any information or services offered at the Sites, the Agile Work Profiler, or any other online applications, mobile application, tools, SaaS or subscription offerings, or other interactive user experiences available at the Sites (collectively “Feedback”), we shall own all right, title, and interest in and to the same and all intellectual property rights therein, and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign, and agree to assign, all right, title and interest in and to the Feedback to us and agree to provide us such assistance, at our expense, as we may require to document, perfect, and maintain our rights to the Feedback.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site: 

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers and licensees, successors and assigns. All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. 

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy www.debruce.org/privacy-policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us by calling (816) 298-6037 or sending an email to by sending an email to info@debruce.org for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Site

We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Site

All information we collect on the Site is subject to our Privacy Policy www.debruce.org/privacy-policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Site.
• Send e-mails or other communications with certain content, or links to certain content, on the Site.
• Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

Geographic Restrictions

The owner of the Site is based in the state of Missouri in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT , INDIRECT , SPECIAL, INCIDENT AL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Governing Law and Jurisdiction 

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri in each case located in the City of Kansas City and County of Jackson although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Your Comments and Concerns 

This website is operated by The DeBruce Foundation located at 4520 Main Street, Suite 1400, Kansas City, Missouri 64111.
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@debruce.org.

End User License Agreement (EULA) and Terms of Use of the Agilities© Tools

This End User License Agreement, together with the Terms of Use available at https://debruce.org/terms-of-use/ (collectively the “EULA”) govern your use of the Agile Work Profiler (“AWP”) and any other online applications, mobile application, tools, SaaS or subscription offerings, or other interactive user experiences (collectively the “Agilities© Tools”) available at www.debruce.org , www.agilities.org , and any other websites or mobile platforms on which the DeBruce Foundation or one of its affiliates posts or references this EULA (such sites and platforms collectively referred to as the “Sites”).  The Licensor under this EULA is the DeBruce Foundation for Social Entrepreneurship, LLC with an office at 4520 Main Street, Suite 1400, Kansas City, MO 64111 (“Licensor”) and you are the licensee (herein “you” or “your”).

BY CLICKING THE “ACCEPT” BUTTON, CHECKING THE “ACCEPT” BOX OR OTHERWISE AFFIRMATIVELY RESPONDING TO THE MEANS PROVIDED FOR ACCEPTANCE OF THIS EULA, YOU REPRESENT THAT YOU: (i) ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (ii) ARE DULY AUTHORIZED TO ACCESS AND USE THE AWP or other Agilities© Tools; (iii) ACCEPT THE PRIVACY POLICY AND TERMS OF USE AT THE WEBSITE FROM WHICH YOU ACCESSED THE AWP or other Agilities© Tools; AND (iv) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM.  IF YOU DO NOT AGREE TO ALL OF THE FOREGOING, DO NOT ACCEPT THE TERMS OF THIS EULA AND YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE AWP or other Agilities© Tools.

License Grant

Subject to your strict compliance with this EULA and the Terms of Use, Licensor hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the AWP and/or other Agilities© Tools, together with any instructions, guidance or other materials related thereto whether in printed, electronic or other form (“the “Documentation”), herein solely in accordance with the Documentation, for you own personal purposes only.

Use Restrictions

You agree that you will not, directly or indirectly:

• use the Agilities© Tools or Documentation except as set forth herein;
• copy the Agilities© Tools or Documentation, in whole or in part;
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Agilities© Tools or any part thereof;
• combine the Agilities© Tools or any part thereof with, or incorporate the Agilities© or any part thereof in, any other programs;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the algorithms behind or source code of the AWP or any part thereof;
•  remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices included on or in the Agilities© Tools or Documentation, including any copy thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise provide any access to or use of the Agilities© Tools to any other person or entity; or (h)       use the Agilities(c) Tools or Documentation in violation of any law, regulation, or rule.

Compliance Measures

The Agilities© Tools may contain technological copy protection or other security features designed to prevent unauthorized use of the Agilities© Tools, including features to protect against use of the Agilities© Tools beyond the scope of the license granted herein. You agree that you will not, and will not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.

Collection and Use of Information

Licensor may, directly or indirectly through the services of others, collect and store information and data regarding use of the Agilities© Tools and about equipment on which the Agilities© Tools is installed or through which it otherwise is accessed and used. You agree that the Licensor may use such information for business, educational and philanthropic purposes (“Authorized Purposes”) related to the Agilities© Tools, including but not limited to improving the performance of the Agilities© Tools or developing updates and verifying compliance with the terms of this EULA or the Terms of Use.

You acknowledge and agree that notwithstanding anything to the contrary in Licensor’s Terms of Use or Privacy Policy applicable to its websites or any ancillary agreements between the parties, Licensor reserves, and you hereby grant to Licensor and agree to grant to Licensor (to the extent of your rights therein, if any), the non-exclusive, worldwide, perpetual right and license to use Blinded Research Data for Licensor’s Authorized Purposes, and the right to permit others to do so. For clarity, Licensor’s Authorized Purposes may include any purpose permitted by law, including, without limitation, comparative data analysis, aggregated data analysis and development of other products or services utilizing the Blinded Research Data.

When used herein, the term “Blinded Research Data” shall mean any data gathered by Licensor, or developed by Licensor, including that developed or gathered in connection with the use of the Agilities© Tools, provided that such data does not identify any individual, and there is not any reasonable basis to believe that the information could be rendered individually identifiable without extraordinary means. Blinded Research Data shall not be considered confidential information.

Intellectual Property Rights

You acknowledge that the Agilities© Tools are provided under license, and not sold, to you. You do not acquire any ownership interest in the Agilities© Tools under this EULA or the Terms of Use, or any other rights to the Agilities© Tools other than to use the Agilities© Tools in accordance with the license granted under this EULA, subject to all terms, conditions, and restrictions. Licensor reserve and shall retain its entire right, title, and interest in and to the Agilities© Tools and all intellectual property rights arising out of or relating to the Agilities© Tools, subject to the license expressly granted in this EULA.

Disclaimer of Warranty and Liability

THE AWP AND/OR other Agilities© Tools AND DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE AWP AND/or other Agilities© Tools AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE AWP and/or other Agilities© Tools WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

(a)        IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE AWP and/or other Agilities© Tools; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b)        IN NO EVENT WILL LICENSOR’S AND ITS AFFILIATES’, INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS’ AND SERVICE PROVIDERS’, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID TO THE LICENSOR PURSUANT TO THIS AGREEMENT FOR THE ACCESS TO AND USE OF THE AWP and/or other Agilities© Tools OR $100.00.

(c)        THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Export Regulation

The Agilities© Tools may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Agilities© Tools to, or make the Agilities© Tools or Documentation accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Agilities© Tools available outside the US.

Governing Law

This EULA is governed by and construed in accordance with the internal laws of the State of the state of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Missouri.  
 
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