TERMS OF USE & SERVICE.  LATEST UPDATE : November 27, 2019 

Agile Lounge ® , is a registered trademark  and a division of AF J Solutions Inc. and its subsidiaries in the United States and Canada ( “Agile Lounge”), make accessible and allow the use of their website https: //agile- lounge.com (collectively or individually under the name the “website”) subject to the conditions set out below : 

USE IN ANY WAY OUT OF THIS WEBSITE AND ITS SERVICES OR TRANSFERRING INFORMATION TO AGILE LOUNGE   

CONSTITUTES USER’S ACCEPTED ACCEPTANCE OF THE TERMS SET OUT BELOW AND AGILE LOUNGE ‘S PRIVACY POLICY , WHICH MAY BE UPDATED OR AMENDED FROM TIME TO TIME. FURTHERMORE, CONSULTING SOME SECTIONS OF THIS WEB SITE (SHOPPING, DISCUSSION FORUMS, VIDEOS, BLOGS, OR OTHERWISE) ALSO CONSTITUTES ACCEPTANCE OF THE TERMS OR RULES OF USE PROVIDED FOR THESE. YOUR OBJECTION TO ANY OF THESE TERMS OR ANY ASPECT OF THIS PRIVACY POLICY SHALL ENSURE THAT YOU SHOULD NOT USE THIS WEBSITE OR ACCEPT TO TRANSMIT INFORMATION THROUGH THIS WEB SITE. AGILE LOUNGE . PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT THE LIMITS OF LIABILITY AND THE SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF APPEARING TO THE TRIBUNALS.

Agile Lounge reserves the right to change the terms and conditions of use at any time without prior notice, which will come into effect as soon as they are posted on the Website. Use of the website subsequent to this release constitutes acceptance of the modified terms. Agile Lounge has the right, even if it does not have to, to enforce the Terms of Use through stand-alone measures, community conciliation, active investigation, litigation and prosecution. 

TRADEMARKS AND COPYRIGHT

The trademarks Agile Lounge ™, Talent Agile ™ FCFM ™ Agreement Based Agility™ Next Level Agile™ Dare Real Agile™ Scrum Beer Montréal™ presented on the website and its documents, proposals, tutorials (non-exclusively including the name AGILE LOUNGE and different logos) are trademarks or registered trademarks of AFJ SOLUTIONS INC and its subsidiaries in Canada, the United States and the rest of the world. Any other trademark appearing on the Website is the exclusive property of its owner and is cited in accordance with the authorizations obtained . Any use or reuse is prohibited.  

It is essential for the reader to respect this part of the Agile Lounge ™ document and website’s terms of use regarding intellectual property and / or the Common Creative Certificate awarded whenever any of the documents created or provided by Agile Lounge ™ is marked: Copyright Agile Lounge® by AF J Solutions Inc. DO NOT USE, ALTER NOR REPRODUCE WITHOUT PERMISSION.

PROPERTY OF THE CONTENT OF THE WEBSITE

The website and its contents are protected within the maximum limits of copyright and intellectual property rights as well as international treaties ratified for this purpose. All content presented or disseminated through the Website, including but not limited to, videos, photos, blogs, pdocast , discussion forums, product descriptions and services , data on coaches , worksheets and FAQs, is the exclusive property of Agile Lounge , its affiliates, its suppliers or its licensor ‘s license. Content is protected under copyright law and other related laws, also as a collection or compilation within the meaning of copyright laws and international conventions. Any reproduction, modification, exhibition, redistribution or creation of content derived from the Website and any physical or electronic documentation submitted as a proposal, a response to a call for tender or support to the training, in whole or in part, is prohibited. including, but not limited to, transmission to another server or location for the purpose of reproduction or redistribution unless Agile Lounge has first obtained the express written consent of Agile Lounge . It is also forbidden to decompile, disassemble, reverse engineer or attempt to discover the source code contained in the website. The website and its derivative documents (physical or virtual) does little wind be used : for commercial purposes, including advertising and promotion of all types of products, services and opportunities; for the purpose of soliciting Internet users or other visitors to direct them to another commercial site or any other organization for them to register, subscribe or become a member; or for the purpose of acquiring and storing (or attempting to acquire and store) data about users of the   Agile Lounge website and customer . 

CONTENT TRANSMITTED BY THE USER 

The user assumes responsibility for any type of content or information, profile, message, text, file, photo or illustration, video, music, sound or any other material (“content provided”) that he submits or transmits in any way whether Agile Lounge or its dealers, including content already associated with hashtags to Agile Lounge – eg, # agilelounge , # talentagile , # scrumbeerMTL, and # DareRealAgile – and that would have been distributed freely on the website of a third party like Instagram, Rumble, YouTube, Twitter, Facebook, Vine, Pinterest , Google+ and any other scalable platform . Any content submitted may be used on the website Agile Lounge or other products or promotional materials Agile Lounge like email, social networks, digital pay advertising, Pay outdoor advertising, the site agile- lounge.com or jolyaf .com or the store display. Only people 18 years and older can transmit content. In the event that the content provided by the user is retained by Agile Lounge for the purpose of using it, it may be presented to other users in association with your name and the data associated with your Instagram profile, Twitter, Facebook or Vine – for example your nickname and your photo.   Agile Lounge is under no obligation to display or use user-delivered content, but may do so as it sees fit. Any content transmitted by the user will be considered as non-confidential. Any content transmitted by the user will also be considered free from any form of ownership unless specifically mentioned herein. By providing content, you assign to Agile Lounge its affiliates, merchants and authorized representatives, and this with all assurance and legitimacy, the right – in the form of a non-exclusive license, royalty-free, perpetual, transferable, irrevocable and able to make subject to an unrestricted sublicense – to use, reproduce, modify, adapt, distribute, sell, assign, translate, create derivative content, distribute, interpret and display such content, including your name, Instagram nicknames, YouTube , Twitter or Vine, your Facebook username, your photo, profile picture or avatar, your comments and comments posted and other information. These actions may be carried out in any way and through any means, channel or communication technology known or to be developed, alone or in combination with other content, without further notice or compensation. of any nature whatsoever. You also acknowledge that the content you transmit will not necessarily be returned to you and that we may use it, and the associated ideas, concepts and other skills, for any purpose including the design, manufacture, distribution and the marketing of products, without any restriction. Subject to the licenses granted in these terms of use, you retain the property and all copyrights and image rights that you may have in connection with the content transmitted. In the context in which you transmit to us content, you represent and warrant : that you hold or exercise authority over all rights relating to that content and all related elements; that you have the permission of all third parties associated with this Content to grant the licenses set forth herein relating to the use of any names, images, avatars or other material held by such third parties and related, in whole or in part, to this content; and that the content transmitted by the user does not infringe or in any way violate the rights of such third parties, including, but not limited to, copyrights, trademarks, image and privacy rights, patents, trade secrets and confidentiality. In addition, you represent and warrant that the submitted content fully complies with all applicable laws, rules and regulations and all agreements and terms of use to which you are bound with third parties, including those with Instagram, YouTube, Twitter, Facebook, Vine, Pinteres t, Apple and Google. You also represent and warrant that the transmitted content does not contain, or take the form of, any computer virus, commercial solicitation, chain email, mailing or spamming of any kind. You may not use a false email address, impersonate any natural or legal person or mislead Agile Lounge as to the origin of the material transmitted. You agree to indemnify Agile Lounge its merchants, including AF J Solutions Inc. and other third parties such as Instagram, LLC, Twitter Inc., Facebook Inc., Vine Labs , Inc., Pinterest Inc. and Google Inc., our companies Mothers, Subsidiaries, Licensees and Licensors , Executives, Directors, Employees, Successors, Agents and Assignees, and those of the aforementioned third parties for all types of claims that may result directly or indirectly from (a) the use of any content transmitted by the user, but also for any type of claim that may result from or be related to a copyright or trademark infringement, misappropriation, invasion of privacy, defamation, violation of the right to the image, or veiling, retouching, altering, distorting, transforming, creating an illusion, fraudulently reproducing or creating a fictional work from the content transmitted by r the user or your name, your Instagram, Twitter or Vine nicknames, your Facebook username, your photo, profile picture or avatar, your comments and comments published and other information or those of any other natural or legal person in all possible forms; or (b) your proven or alleged non-compliance with applicable terms of use or laws. 

THE FOREGOING PROVISIONS RELATING TO INDEMNITY DO NOT APPLY TO AGILE LOUNGE ‘S NEGLIGENT OR INTENTIONAL CONDUCT Providing us with content constitutes acknowledgment and acceptance that the content transmitted by the user will be free of charge. any form of ownership (unless specifically mentioned herein) and considered non-confidential, in addition to being possibly made available to the general public and used by Agile Lounge without any restriction. You also waive and irrevocably waive all moral rights or other rights with respect to the attribution of authorship or the integrity of the elements constituting the content transmitted by the user to which you may be entitled under any law or legal basis that it would be. In a completely discretionary manner, Agile Lounge reserves the right to modify any content transmitted by the user and to choose whether to present this content on the Website or to use it for other purposes. The Website may present opinions, comments and other content from third parties. Agile Lounge is not responsible for the control, inspection or validation of the content in question, or its compliance with copyright laws or other laws. Any opinion, statement or other content presented by third parties via the website engages only these third parties and not Agile Lounge , its merchants or its licensees, these subscribing to any of the comments, opinions or contents in question. You acknowledge and agree that Agile Lounge has no control over the use (including unrestricted republication) of your content by a third party and can not be held liable for any damages of any kind resulting from this use. 

FEEDBACK

Any type of questions, suggestions and comments about Agile Lounge products or services delivered to Agile Lounge through this website or Yelp , LinkedIn, MeetUp , Google and Facebook (“feedback”) must be non-confidential and free from any form of ownership. Agile Lounge must be free to use, reproduce, disclose and distribute such feedback in any way, without restriction. Agile Lounge expressly forbids you to send any information considered confidential or not free from any form of ownership through this website. Please note that if you send us such information or materials, they will be considered non-confidential and free from any form of ownership and may be fully exploited without any obligation or liability to you by Agile Lounge or any other third party. 

FEEDBACK AND CONTENT TRANSMITTED BY THE USER 

You understand that any type of feedback and content transmitted by the user and posted on the website, transmitted through the website or accessed through a hyperlink on the website is the sole responsibility of the person who submitted. You understand that Agile Lounge does not control the feedback and content transmitted by the user and made available on the Website and is not responsible for it. You further understand that by using the Website, you expose yourself to content that you may find offensive, indecent, inaccurate, misleading or objectionable. Agile Lounge expressly disclaims any responsibility for such feedback and user-provided content. You agree to evaluate and assume all risks associated with the use of any type of feedback and user-provided content. You further agree that you will not rely on such content and feedback and understand that under no circumstances will Agile Lounge be responsible for such feedback and any content transmitted by the user or any form of loss or damage incurred as a result of the consultation of said contents and feedback having been published, transmitted by email or made accessible in any way. You acknowledge that Agile Lounge does not evaluate or endorse the feedback and content submitted by the user prior to their posting, but that Agile Lounge must have the right, but not the obligation, to refuse, delete or otherwise content, at its sole discretion and for any reason. Your interactions with organizations, event organizers or others who are made available on the website or through the site are solely for you and these organizations and individuals. Agile Lounge expressly disclaims any liability with respect to such organizations, events or people.

USER CONDUCT

You agree that you will not transmit to Agile Lounge any content (such as publications, e-mail, or other) that : (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, slanderous, violates privacy, or may be harmful to minors; in any way; (ii) pornographic or representing a human being involved in a sexual act; (iii) harassing, degrading, intimidating or hateful to any person or group of persons and which relates to religion, sex, sexual orientation, race, ethnicity, age or disability; (iv) that impersonates any person or entity, including, but not limited to, an advisor / consultant of Agile Lounge , or has misrepresented in any way whatsoever your link with someone or an entity; (v) that includes personal information or identifies another person without the express consent of that person; (vi) that is false, misleading or deceptive; (vii) who infringes any intervention patent, trademark, trade secret, copyright or other proprietary rights of any third party, or any content that you are not entitled to make available under the law, a contract or a relationship of trust; (viii) that constitutes or contains “affiliated advertising”, a “link with a referral code”, “spam”, “junk email”, “chain of emails”, “pyramid system” or unsolicited commercial advertising or electronic commercial message; (ix) which constitutes or contains advertising or solicitation in any form whatsoever and published in sections of the Website not provided for this purpose, or sent by email to Agile Lounge users who have not consented to written to receive such communications regarding other services, products or business interests; (x) promoting any illegal service; (xi) which contains viruses or any other Internet code, file or program intended to interrupt, permanently prevent or limit the operation of any software or hardware and telecommunications equipment; (xii) disrupts the normal course of the dialogue due to the excessive amount of data published on the website (flood), or otherwise negatively affects the use of the website by other users; (xiii) using false e-mail addresses, falsified headers or other identifiers manipulated in any way to conceal the origin of the content transmitted on the Website. In addition, you agree not to : (i) contact any person who has requested not to be contacted and to establish unsolicited contact with a person for commercial purposes; (ii) “hunt” or harass any person in any way through the Website; (iii) collect the personal data of other users for commercial or illegal purposes; (iv) use automated tools, including indexing robots, collectors, data mining tools or similar tools for the purpose of downloading the data from the website; (v) post irrelevant content, post the same or similar content over or overload our infrastructure in any way; (vi) publish false content; or (vii) attempt to gain unauthorized access to Agile Lounge’s computer systems or take any action that disrupts the Website, reduces its quality, prevents it from providing adequate performance, or alters its operation. Agile Lounge reserves the right to refuse, delete, modify, change or remove any content at any time and for any reason. Agile Lounge may at any time block your access to the Website or your User Account as a result of any breach of these Terms of Use or for any other reason. 

CONDITIONS APPLICABLE TO PERSONALIZED SERVICES AND PRODUCTS

If you buy event tickets, a workshops, training, sessions, professional services or any other products derived from Agile Lounge as is or customizable ( “customizable items”), you can ask to be affix letters, numbers, spaces, symbols, drawings, photos or other elements (the foregoing being encompassed by the definition of “personalization elements”). The personalization items are fully subject to these Terms of Use, including the “User Submitted Content” and “User Conduct” sections above. We remind you that you may not use, choose, upload , transmit or otherwise broadcast to the public anything that contains any of the following : • Content that may infringe the trademark or right or other intellectual property rights of others (eg, brand names or logos, product names, activities, professional sports teams, even color combinations, photos or works of art owned by others) • The name or nickname or symbol or image of another person (living or dead) unless consented to • Content that may contain or contain offensive, abusive images , inciting, threatening, intimidating, obscene, inflammatory, sexually explicit, vulgar, offensive, harassing, derogatory, humiliating, defamatory, prejudicial, discriminatory or unlawful or Privacy Agile Lounge reserves the right to reject any personalization feature that contains the kind of content listed above, or that is otherwise unacceptable to Agile Lounge . If your customization item is not accepted, you will be notified and your order may be blocked or canceled. If you believe that your personalization item has been rejected in error, you may contact our Customer Service Department for a review. Customization items are subject to these Agile Lounge Terms of Use , and by placing your order for personalized products, you agree to these Terms of Use. All products customized to your taste are made specifically for you and can not be returned. 

CREATE AN ACCOUNT 

Website publications and the use of this website are restricted to persons 13 years of age and over, and those who may legally enter into mandatory contracts under applicable law. Although users of all ages are welcome to visit the website, this website is not designed for use by children under 13 years of age, and children under the age of 13 must not post information allowing their personal identification through the website. In addition, you must be 18 years of age or older to create an account. To purchase products or services from the website, to place an order, or to use certain features, you must first have created an account and logged in. In addition to your name and contact information, you may be required to provide a valid credit card number, billing address, and other billing information related to your account. When you create an account, you must (i) provide accurate and truthful information, and (ii) update this information periodically, if necessary, to keep your information current and accurate. By creating an account, you represent and warrant that you have the right and authority to disclose the information provided during your registration. You are responsible for protecting the confidentiality of your account information and password, as well as for restricting access to this information and limiting it to your computer. Any activity done under your name or with your password is your responsibility. 

ACCESSIBILITY OF ITEMS, SERVICES, FEATURES AND CONTENT 

The products, services, features and content presented on or accessible through this website, including, but not limited to, prices and the opportunity to purchase such products and services, may be modified or discontinued at any time, at our sole discretion and without notice. The sending of an order acknowledgment by email does not constitute an acceptance of the order nor a confirmation of a promise to sell. All orders are subject to review and approval by Agile Lounge . If Agile Lounge chooses to accept an order, it is deemed accepted at the time of delivery. We reserve the right, without notice, to limit the quantities of an item ordered or to refuse to serve a customer for any reason that is not prohibited by law. 

EXTERNAL SITES 

The website may contain links to other sites owned and operated by an independent vendor and other third parties (the “external sites”). You acknowledge that Agile Lounge is not responsible for inaccessibility to any external site and its content. If you find these links or the content of their external sites problematic, we recommend that you contact the administrator or the webmaster of them. 

COPYRIGHT 

This website is protected by copyright law, except as provided below. Other copyright or intellectual property notices may apply to certain documents. 

EXEMPTIONS FROM GUARANTEES 

SOME JURISDICTIONS PROHIBIT ANY DISCLAIMER OF IMPLIED, STATUTORY OR LEGAL WARRANTIES. IN SUCH CASES, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU BECAUSE THEY ARE RELATED TO IMPLIED, STATUTORY OR LEGAL WARRANTIES (INCLUDING THE LEGAL GUARANTEES APPLICABLE TO CONSUMERS RESIDING IN QUEBEC). YOU AGREE TO USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY. ALL EXPRESS AND IMPLIED WARRANTIES, WHETHER STATUTORY OR LEGAL, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF HERITAGE RIGHTS, ARE RECOVERED TO THE FULLEST EXTENT PERMITTED. BY THE LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, AGILE LOUNGE RECEIVES ALL WARRANTIES ABOUT THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF ITS WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEB SITE RECEIVES ALL WARRANTIES WITH RESPECT TO OTHER THIRD-PARTY PRODUCTS OR SERVICES RECEIVED THROUGH THE WEB SITE, ADVERTISED ON THE WEB SITE OR ACCESSED BY A LINK ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, AGILE LOUNGE RECEIVES ALL WARRANTIES WITH RESPECT TO COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY BE LINKED TO ITS WEB SITE. 

LIMITATIONS OF LIABILITY AND INDEMNITY OF AGILE LOUNGE  

APPLICABLE LEGISLATION MAY NOT ALLOW LIMITATIONS ON LIABILITY (AS IN THE CASE OF AN AGREEMENT CONCLUDED WITH A CONSUMER RESIDING IN THE PROVINCE OF QUEBEC). IN SUCH CASES, SOME OF THE PRECEDING LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGILE LOUNGE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

PUNITIFS (EVEN IF AGILE LOUNGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT SUCH DAMAGES ARE RESULTING FROM YOUR USE – GOOD OR WRONG – OF THE WEB SITE, YOUR INABILITY TO USE IT OR THE INTERRUPTION, MODIFICATION , CORRUPTION OR CLOSURE OF THE AGILE LOUNGE WEBSITE THIS LIMITATION ALSO APPLIES TO DAMAGES RESULTING FROM THE FACT THAT OTHER THIRD PARTY PRODUCTS OR SERVICES WERE RECEIVED THROUGH THE WEB SITE , ADVERTISED ON THE WEB SITE OR ACCESSED THROUGH A LINK ON THE WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE FROM ANY THIRD PARTY RECEIVED THROUGH THE WEB SITE, ADVERTISED ON THE WEB SITE OR TO WHICH WE ACCESSED BY A LINK ON THE WEBSITE. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

YOU AGREE TO INDEMNIFY AGILE LOUNGE , ITS STAFF, SUBSIDIARIES, SUCCESSORS, ASSIGNS, DIRECTORS, AGENTS, SERVICE PROVIDERS, SUPPLIERS, AND EMPLOYEES, AND DEEM RESPONSIBILITY IN CONNECTION WITH ANY CLAIM (INCLUDING REASONABLE LAWYER AND JUSTICE FEES) FILED BY ANY THIRD PARTY, WHETHER AS A RESULT OF ANY CONTENT PROVIDED BY YOU, AN EVENT OF YOUR THIRD PARTY, ITS WEB SITE, OR YOUR ORGANIZATION, YOUR USE OF THE WEB SITE, THE BREACH OF YOUR TERMS OF USE, REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR BREACH OF ANY RIGHTS AGAINST OTHERS. THE FOREGOING PROVISIONS RELATING TO INDEMNITY SHALL NOT APPLY TO NEGLIGENT OR INTENTIONAL CONDUCT OF AGILE LOUNGE 

COMPLIANCE WITH APPLICABLE LAW; EXPORT CONTROL LAW 

This website is managed, in whole or in part, from Montreal, Quebec, Canada Access to this website is governed by all applicable federal, state, local and state laws. All information accessible on this website is subject to the export control laws of Canada and the United States and may also be subject to the laws of the country in which you reside. All of Agile Lounge ‘ s products and publications are commercial in nature and for the open advancement of agile business agility and agile movement around the world . Agile Lounge does not warrant the legality of access to this web site from other countries, its use or the information it contains in this regard. Access to this website is prohibited in countries where the information contained in the site or the products sold there are considered illegal. Users accessing this Website from outside Canada and the United States do so at their own risk and must comply with Canadian and US export laws and applicable laws in their country. By using this website, no matter where you reside in the world, you consent to your personal data being transmitted, collected and processed in Canada and the United States in accordance with the privacy policy set forth herein. 

DISPUTES AND ARBITRATION AGREEMENT 

Applicable laws may not allow for arbitration and the waiver of class actions in certain circumstances (such as in the case of an agreement with a consumer resident in the province of Quebec), so this section does not apply. may not apply to you. To the fullest extent permitted by law, any dispute or claim arising in any way from the Website and our services, your relationship with us and our Customer Service Agents, statements we make and your use of our websites (including, but not limited to, claims relating to breach of the Terms of Use or the Privacy Policy, or unauthorized disclosure of information the person) are settled by way of binding arbitration, rather than by judicial process, but you can make an individual application to the Small Claims Court if your claim is admissible and the case remains subject to this court and evolves only individual way. This includes any disputes or claims you make concerning our sister brands, affiliates, affiliates, and assigns, and disputes and claims that arose before you agree to these Terms of Use, regardless of whether earlier versions of the Terms of Use required arbitration or not. Unless you are proceeding through an action in small claims court, the Federal Arbitration Act (US) and federal arbitration legislation apply. In arbitration, there is no judge or jury, and the grounds for judicial review of an arbitral award are limited. However, an arbitrator may award the same damages and reparations individually as a court of law (including an injunction and declaratory judgment or statutory damages) and must comply with the terms of these Conditions of Service. use as a court of justice would do it. If for some reason an application is submitted to a court rather than to arbitration, WE LET ALL WAIT FOR THE RIGHT TO A TRIAL BEFORE JURY. A DISPUTE RESOLUTION AGAINST ONLY ONE APPLICATION, AND THE PERSON CAN NOT ACT AS AN APPLICANT OR A MEMBER OF A GROUP IN CONNECTION WITH A COLLECTIVE OR JOINT ACTION OR AN ACTION BY WHICH IT IS INTENDED AS REPRESENTATIVE. Unless we both agree otherwise, the arbitrator may not join more than one application at your request and may not otherwise preside over any form of representative, joint or joint proceeding. If the requirements of this paragraph are held to be unenforceable , this entire Arbitration Provision is void except with respect to the waiver of the right to a jury trial described in the preceding paragraph. Payment of filing, administration and arbitration fees is governed by the rules of the American Arbitration Association (“AAA”), subject to this section. If your total claim is for less than US $ 10,000 , we will refund the deposit fees you pay to the AAA and pay the arbitration fee unless the arbitrator determines that your claim is frivolous. You may decide that the arbitration will be conducted by telephone, that it will be based on written submissions or that it will be conducted in person. The arbitration award is final and binding and may be entered as a judgment of any competent court. In the event of a dispute, we strongly encourage you to contact our Customer Service Department first before proceeding with an arbitration or filing a claim in Small Claims Court. We value our relationships with our customers and will try to resolve your requests informally and quickly. If your dispute is not resolved by Customer Service, before proceeding to arbitration, please send a written notice describing the request to the AF J Solutions Inc Attorney General’s office at the following address:

 Agile Lounge , a division of AF J Solutions Inc. 

Attn : General Counsel 360 St-Jacques Street West Montreal , 

QC H2Y 1P5 

Email our counsel by clicking here

If the request is not settled within 30 days sending the notice, you can then initiate arbitration proceedings. The arbitration will be conducted in accordance with AAA rules, including the AAA Supplementary Procedures for Consumer- Related Disputes. AAA rules and forms are available at www.adr.org or by calling 877-495-4185. 

APPLICABLE RIGHT; ENTIRE AGREEMENT 

Applicable legislation may not allow the choice of applicable law other than the laws of your jurisdiction of residence in certain circumstances (as in the case of an agreement with a consumer resident in the province of Quebec), so that this paragraph may not apply to you. To the extent permitted by law, these Terms of Use, Privacy Policy and, where applicable, the conditions of purchase (collectively, the “Agreement”) as well as requests and disputes caused or our products and services, the Agreement or your use of the Website shall be governed by and construed in accordance with the laws of the State of New Hampshire, USA, without regard to their choice of law provisions, and not in accordance with the 1980 United Nations Convention on Contracts for the International Sale of Goods. Except as otherwise required by law, applications and disputes must be made within one (1) year of the date of the cause of action’s birth. To the fullest extent permitted by law, claims and disputes attributable to or related to our products and services, the Agreement or your use of the Website are under the exclusive jurisdiction of the state or federal courts of Rockingham County in the state New Hampshire, United States, and you hereby submit to the territorial jurisdiction of such courts. If any provision of the Agreement is held to be unlawful or, for any reason, unenforceable , that provision is deemed severable and does not affect the validity and enforceability of the remaining provisions. The Agreement constitutes the entire agreement between you and Agile Lounge with respect to its purpose. If Agile Lounge consents to a breach of or default in the performance of the obligations under the Agreement or waives the right to invoke it, this shall not be construed as a waiver of any other breach or default and such consent or waiver will only take effect if the party granting it does so by means of a writing which it signs. The Agreement benefits Agile Lounge and its successors and assigns and related persons. You can not assign the rights and obligations that you have under the Convention. Agile Lounge may assign its rights and obligations under the Agreement without your consent.