Welcome to Look Forward Consulting, Inc. dba The Scrum Academy. We provide consulting, training, certifications, and workshops in Agile, Scrum and Product Management.

These offerings are provided by Look Forward Consulting, Inc. (hereinafter “Look Forward”,” “we”, “us”, or “our,” which include affiliated companies, if applicable) in person or through our websites at www.thescrumacademy.com and other websites affiliated with or owned by Look Foward (the “Site”).

The following terms and conditions, along with Look Forward’s Privacy Policy (collectively, the “Terms of Service”), govern your access to and use of the Services and all Site Content and constitute a binding legal agreement between you and Look Foward. If you are using Harvest for an organization, you are agreeing on behalf of that organization.

These Terms of Service are subject to, and incorporate by reference, any applicable, Master Services Agreement, Certification Agreement, License Agreement, Statement of Work or other separate or related contract(s) (collectively, “Primary Agreements”) that you have entered into with us. These Terms of Service explicitly incorporate herein by reference the consulting, training, certifications and workshops we offer through the Site, as well as the following service offerings, which may apply to your account if you opt in to, are enrolled in, or otherwise use such service offerings (collectively, together with any related software, tools and services provided in connection with the Site, the “Services”), including, but not limited to:

  • Certifications (such as CSM, A-CSM, CSP-SM, CSPO, A-CSPO, CSP-PO)
  • Online and/or in-person, classes, courses, trainings, workshops and consulting engagement

Please read these Terms of Service carefully as they provide important information to you. A few important highlights of the Terms of Service include:

Limited Liabilities. You understand that we offer no warranties, and our liabilities are limited (See Section 12).

Arbitration and Class Action Waiver. You agree to resolve any disputes by individual arbitration and to waive the right to participate in any kind of class action (See Section 13).

Modification. You understand that we may change these Terms of Service or any portion of our Services at any time. Your continued use of our Services constitutes your acceptance of any modified Terms of Service (See Section 8). We will attempt to notify you of any changes made to these terms of service through email via email addresses provided by you in the use of our Site of Services.

  1. USING THE SITE OR SERVICES. By accessing or using our Services in any way, including browsing our Site, registering for any of our courses, workshops, trainings, or certification courses, or by entering into a Primary Agreement with Look Forward, you represent and warrant to Look Forward that: (i) you have read, understand and agree to be bound by these Terms of Service; (ii) you are of legal age to form a binding contract; (iii) any registration information you submit is accurate, current and complete; (iv) you will maintain the accuracy and completeness of such information; and (v) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity, in addition to you individually. Our Site and Services are not directed at children under 13 and are not intended for use by children. If you do not agree to these Terms of Service or do not meet all of these requirements, then you have no right to, and shall not, access or use the relevant Services or Site Content.
  2. CONTENT.
    1. “Content” shall mean any text, graphics, photos, music, software, audio, video, information, or other materials. Content shall be “Our Content” if Look Forward makes such Content available through the Site or Services, including any Content licensed to Look Forward from a third party, but excluding User-Generated Content (as defined below). “Site Content” shall refer to all Our Content and User-Generated Content.
    2. User Data. Each authorized user of the Site or Services shall retain all right, title and interest in and to any and all Content transmitted by or on behalf of the user to Look Forward in connection with its, his or her use of the Site or Services (collectively, “User Data”), provided, however, that the user hereby grants to Look Forward a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of the user’s use of the Site or Services solely for purposes of: (ii) maintaining and improving the Services and (iii) providing users with access to and information about customized features, new functionality, partner integrations, special product offers and promotions, newsletters, personal interest pieces, interests for the Look Forward community, events, elections, and campaigns, and (iv) non-identifiable, anonymous, aggregated data regarding the user’s use of the Site or Services compiled by us solely for marketing purposes, research purposes, or data analysis.
    3. User-Generated Content. As part of the Services, Look Forward may allow a user to post, upload, publish, submit or transmit Content to Look Forward or to other users via the Site and any related blog, social features, direct messaging, group messaging, e-mail or chat features, if any, or at various other publicly available locations on the Site, such as in our communities (“User-Generated Content”). These public forums may be hosted by Look Forward or by one of our third-party service providers on our behalf.You agree in posting User-Generated Content to follow certain rules, including the Acceptable Use Policy and Content Standards in Section 3. You are responsible for all User-Generated Content that you submit, upload, post or store through these areas of the Site or Services. You grant Look Forward, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide, license to use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works and authorize Look Forward to enforce any unauthorized use or reproduction of any User-Generated Content provided through your use of the Site or Services. Look Forward is not responsible for the Content or data you submit through the Site or Services. You represent and warrant that: (i) you own or control all rights in and to the User-Generated Content that you post and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (ii) all of your User-Generated Content does and will comply with these Terms of Service.
    4. Our Content. Look Forward shall own and retain all right, title, and interest in and to the Site and Services (except for any specifically licensed Content or software components included therein, if any), as well as any and all Content, property or other materials, including all intellectual property rights, of Look Forward. User shall not reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy (including capturing screenshots), alter, modify, or create derivative works of the Site, Services or Our Content, or otherwise use the Site or Services in any way that violates the use restrictions contained in these Terms of Service, except as specifically agreed to in writing and provided in these Terms of Service or an applicable Primary Agreement. Look Forward does not grant you any license, express or implied, to any intellectual property of Look Forward or its licensors. User acknowledges and agrees that any information regarding the design, “look and feel”, specifications, components, functionality or operation and payment terms and pricing (if applicable) of the Site or Services is considered Confidential Information of Look Forward.
    5. Our Logos and Designs. Look Forward’s graphics, logos, designs, page headers, button icons, scripts and service names are or are deemed to be registered trademarks, trademarks, trade dress or service marks of Look Forward in the U.S. and/or other countries (“Our Marks”). Our Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission, which may be provided in our applicable Primary Agreement with you.
  3. ACCEPTABLE USE POLICY AND CONTENT STANDARDS.
    1. As part of your use of the Site or Services, you agree not to do any of the following:
      1. Post, upload, publish, submit or transmit any User Data or User-Generated Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, indecent, abusive, hateful, inflammatory, vulgar, offensive or otherwise objectionable; (v) promotes sexually explicit or pornographic material, or discrimination, bigotry, racism, hatred, harassment or harm against any individual or group including but not limited to race, sex, religion, nationality, disability, sexual orientation, or age; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances or advocates, promotes or assists any unlawful act; (viii) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person; (ix) is likely to deceive any person, or impersonate any person, or misrepresent your identity or affiliation with any person or organization; (v) involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; (vi) gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case; or (vii) is, in our sole discretion, objectionable or exposes Users to harm or liability;
      2. Use, display, screenshot, copy, upload, transmit, mirror or frame the Site or Services, or any individual element within the Site or Services, our name, any of Our Marks or Confidential Information, or the layout and design of any page or form contained on a page, without our express written consent;
      3. Access, tamper with or use non-public areas of the Site or Services, our computer systems, or the technical delivery systems of our providers, or attempt to do any of the foregoing;
      4. Attempt to probe, scan, or test the vulnerability of any Look Forward’s system or network, or breach any security or authentication measures;
      5. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other user of the Site or Services or our staff;
      6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or other third party (including another user) to protect the Site, Services or Site Content;
      7. Attempt to access or search the Site, Services or Site Content or download Site Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Look Forward or other generally available third-party web browsers;
      8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, or other form of solicitation (including sending invitations to use the Site or Services to the mobile numbers of people you do not know or from whom you have not received consent for such contact);
      9. Use or disclose any Confidential Information, except as explicitly set forth herein;
      10. Use any meta tags or other hidden text or metadata utilizing any of Our Marks, URLs or product names without our express written consent;
      11. Use the Site, Services or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
      12. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Site Content to send altered, deceptive or false source-identifying information;
      13. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Site Content;
      14. Attempt to or actually interfere with the access of any user, host or network, including, without limitation, sending a virus, Trojan horses, worms, logic bombs, overloading, flooding, spamming, or mail-bombing the Site or Services, or otherwise introduce material that is malicious or technologically harmful;
      15. Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their and our express written permission or as otherwise provided for in these Terms of Service;
      16. Impersonate or misrepresent your affiliation with any person or entity;
      17. Use the Site, Services or Site Content in violation of any applicable data retention or legal hold policies;
      18. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services, or which, as determined by us, may harm Look Forward or other users, or expose us or them to liability;
      19. Violate any applicable law, rule, or regulation, or the National Automated Clearing House Association Operating Rules, as they may be amended from time to time; or
      20. Encourage or enable any other individual or entity to do any of the foregoing.
    2. Look Forward will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities and other third parties as appropriate in prosecuting or taking other related legal actions regarding users or other parties who violate these Terms of Service or violate laws, including intellectual property rights or violations of privacy rights. You acknowledge that Look Forward has no obligation to monitor your access to or use of the Site or Services, or to review, edit, or delete any User Data or User-Generated Content, but we have the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. 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 non-performance of the activities described in this section.
    3. You are responsible for keeping your account name and password confidential for any services that require a login id or password. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords. You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
    4. You further acknowledge and agree that if Look Forward determines in its sole discretion that your use of the Site or Services is in violation of these Terms of Service, Look Forward may terminate your use of the Site or Services or restrict your access (temporarily or permanently) to certain features of the Site or Services. If you print, copy, modify, download, screenshot, post or otherwise use or provide any other person with access to any part of the Site or Services in breach of the Terms of Service or applicable Primary Agreement, you must, at our option, return, takedown or destroy any copies, uploads, screenshots, posts, or other disclosures of the materials you have made. Any use of the Site or Services that is not expressly permitted by these Terms of Service or any applicable Primary Agreement is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
  4. PAYMENTS, CANCELLATIONS, AND REFUNDS. The following refund policies shall apply to your use of the Site or Services:
    1. Online Classes and Courses: Refund of the full amount paid less a $50 administration fee if the request for reimbursement is received 48 hours before the online course or class is scheduled to begin. No refunds if the request is made less than 48 hours before the course or class is scheduled to begin.
    2. Live In-Person Classes and Courses.
    3. Online Classes and Courses: Refund of the full amount paid less a $50 administration fee if the request for reimbursement is received two weeks or more before the live in-person course or class is scheduled to begin. No refunds if the request is made after the two week deadline, but you will be able to reschedule to another live or online class or course.
  5. ACCURACY OF MATERIALS. The materials on the Site are provided on an ‘as-is’ basis and could include technical, typographical, or photographic errors. Look Forward does not warrant that any of the materials on its website are accurate, complete or current. Look Forward may make changes to the materials contained on its website at any time without notice. However Look Forward does not make any commitment to update the materials.
  6. THIRD-PARTY WEBSITE LINKS. The Site or Services may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by Look Forward. Look Forward has not reviewed all such sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Look Forward of such websites or resources or the Content, products, practices, privacy policies or services available from them. You acknowledge and agree that Look Forward has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, privacy policies, practices, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. You agree that Look Forward shall not be responsible for any loss or damage of any sort relating to your dealings with any such third parties. We encourage you to be aware of when you leave the Site or Services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve Look Forward from any and all liability arising from your use of any third-party website or services or third-party Content.
  7. MODIFICATIONS. Look Forward reserves the right, at its sole discretion, to modify, discontinue or terminate Site Content or Services or to modify these Terms of Service, at any time and with or without prior notice. If we modify these Terms of Service, we will post the modification on the Site. We will also update the “Last Updated Date” at the bottom of these Terms of Service or on the Site. By continuing to access or use our Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site or Services.
    1. LIMITED WARRANTY. Look Forward warrants that we have the right to disclose and use the Courseware, Profit Streams Content, and Our Marks In the manner and to the extent set forth in these Terms of Service or applicable Primary Agreement and that such disclosure and use does not knowingly violate the rights of any third parties.PLEASE READ THE FOLLOWING SECTIONS 10-12 CAREFULLY, AS THEY LIMIT OUR LIABILITY TO YOU. YOUR USE OF THE SITE OR SERVICE IS AT YOUR OWN RISK.
    2. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, OR ANY WARRANTY PROVIDED IN AN APPLICABLE PRIMARY AGREEMENT, ALL SITE CONTENT, SERVICES, ACCESS AND USE, INCLUDING PARTNER PROGRAM BENEFITS AND OTHER Look Forward PROPERTY OR SERVICES, ARE PROVIDED TO YOU “AS IS” AND WITHOUT ADDITIONAL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Look Forward HEREBY DISCLAIMS ANY AND ALL OTHER STATUTORY, EXPRESS, AND/OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE, SERVICES AND CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT.
    3. INDEMNIFICATION. You agree to defend, indemnify, and hold Look Forward, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees and expenses, arising out of or in any way connected with your access to or use of the Site or Services, or your violation of these Terms of Service or applicable Primary Agreement, including without limitation any (i) breach of any representations or warranties herein, (ii) infringement by you of our intellectual property rights, (iii) violation of the NACHA Rules by you, and (iv) claim by a third party that the User Data or Content infringes such third party’s intellectual property rights.
    4. LIMITATION OF LIABILITY. UNLESS THESE TERMS OF SERVICE OR AN APPLICABLE PRIMARY AGREEMENT PROVIDES OTHERWISE, YOU AGREE THAT LOOK FORWARD’S MAXIMUM LIABILITY FOR DAMAGES FROM ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID LOOK FORWARD, PURSUANT TO A PRIMARY AGREEMENT OR OTHERWISE, TO ACCESS OR USE THE SITE, SERVICES OR OUR CONTENT. IN NO EVENT WILL EITHER YOU OR LOOK FORWARD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, SAVINGS, USE OR DATA, OR COSTS OF PROCURING SUBSTITUTE SERVICES OR DELIVERABLES, ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SITE OR SERVICES OR OUR CONTENT, EVEN IF YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
    5. DISPUTE RESOLUTION.
      1. Informal Resolution and Binding Arbitration. Both you and Look Forward desire to resolve certain disputes, controversies and claims arising out of your access or use of the Site or Services without litigation. Accordingly, except in the case of (i) a dispute, controversy or claim relating to a breach or alleged breach by you of a Primary Agreement, (ii) a suit, action or proceeding to compel you to comply with confidentiality or indemnification obligations pursuant to these Terms of Service or a Primary Agreement, or (iii) a suit, action or proceeding to compel you to comply with the dispute resolution procedures set forth in these Terms of Service, you and Look Forward agree to use the following alternative procedure as your sole means to resolve any dispute, controversy or claim arising out of or relating to these Terms of Service or your access or use of the Site or Services that you may have against Look Forward. The term “Arbitrable Dispute” means any such dispute, controversy or claim to be resolved in accordance with the dispute resolution procedure specified in this Subsection. At the written request of either party, you and Look Forward shall appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any Arbitrable Dispute arising under this Agreement. You and Look Forward intend for these initial negotiations to be conducted by non-lawyer business representatives and to be left to the discretion of those representatives. Upon agreement, the representatives may utilize other alternative dispute resolution procedures, such as mediation, to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be (i) treated as confidential information developed for purposes of settlement, (ii) exempt from discovery and production in any arbitration or other legal proceeding, and (ii) shall not be admissible in evidence in the arbitration described below or in any lawsuit without the written consent of all parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in evidence in the arbitration or lawsuit. If the negotiations do not resolve the Arbitrable Dispute within sixty (60) days of the initial written request, the Arbitrable Dispute shall, in the sole and final discretion of Look Forward, be submitted to binding arbitration by a single arbitrator, pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Look Forward may demand such arbitration in accordance with the procedures set out in those rules. Discovery shall be controlled by the arbitrator and shall be permitted to the extent set out in this Section and applicable Rules, unless the parties mutually agree to modify this discovery process in a writing signed by all parties. Each party may submit in writing to another party, and that party shall so respond, a maximum of any combination of thirty-five (35) (none of which may have subparts) of the following: interrogatories, demands to produce documents, and requests for admission. Each party is also entitled to take the oral deposition of one (1) individual representative of another party. Additional discovery and depositions may be permitted upon mutual agreement of the parties. The arbitration hearing shall be commenced within sixty (60) days of a demand for arbitration. The arbitration shall be held in San Diego County, California. The arbitrator shall control the scheduling to process the matter expeditiously. The parties may submit written briefs. The arbitrator shall rule on the Arbitrable Dispute by issuing a written opinion within thirty (30) days after the close of the hearing(s). The arbitrator shall have no power or authority to make awards or issue orders of any kind, except as permitted by these Terms of Service and substantive law, and in no event shall the arbitrator have the authority to make any award that provides for punitive or exemplary damages. The arbitrator’s decision shall follow the plain meaning of these Terms of Service, any applicable Primary Agreement and any other relevant documents. The times and procedures specified in this Section may be extended or modified upon mutual agreement of the parties or by the arbitrator upon a showing of good cause. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party shall bear its, his or her own costs incurred as a result of the arbitration and these procedures, except that (i) a party seeking discovery shall reimburse the responding party for the cost of production of documents (to include search time and reproduction time costs); and (ii) the parties shall equally share responsibility for payment of the fees of the arbitration and the arbitrator. The provisions of this Subsection 13.1 shall not apply to proceedings for injunctive relief or to claims, disputes, interpretations, or clarifications relating to Confidential Information or your confidentiality or indemnification obligations. You also understand that Look Forward retains the right, and has the sole and final discretion, to assert or file any claim, suit, action or proceeding whatsoever that Look Forward has against you in a court of competent jurisdiction, notwithstanding any provisions in this Section 13.
      2. Class Action Waiver. You and Look Forward agree that any proceedings to resolve Arbitrable Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and Look Forward both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding related to any Arbitrable Disputes. Further, unless you and Look Forward agree otherwise in writing, the arbitrator in any Arbitrable Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.

Last Updated: March 12, 2024