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Terms of Service

Bratton & Co. dba Hyperdrive Leadership

Terms of Service

Effective Date: June 11, 2025

1. Acceptance of Terms By accessing, Browse, registering for, purchasing, or using any courses, products, services, or content offered by Bratton & Co. dba Hyperdrive Agile Leadership (hereafter, “Hyperdrive,” “we,” “us,” or “our”) through our website located at www.hyperdriveagile.com (the “Website”) or any related platforms (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Services.

2. Description of Services Hyperdrive provides online training, education, and related services, including but not limited to Agile, Scrum, SAFe, OKR training designed to enhance professional skills. Our Services may include:

  • Access to online course materials (videos, documents, exercises).

  • Live virtual sessions (if applicable).

  • Instructor support and interaction.

  • Practice exams or assessments.

  • Facilitation of eligibility for industry certifications from third-party certifying bodies.

3. Eligibility To access and use our Services, you must be at least 18 years of age and have the legal capacity to enter into a binding contract. By agreeing to these Terms, you represent and warrant that you meet these eligibility requirements. If you are accessing or using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

4. Payments, Billing, and Pricing

  • Fees: All fees for Services are clearly stated on the Website or during the purchase process. All prices are in USD unless otherwise specified.

  • Payment Processing: Payments for Services are processed securely through our third-party payment processor, Stripe. By making a purchase, you agree to Stripe’s terms of service and privacy policy. Hyperdrive does not store your full payment card details.

  • Taxes: All fees are exclusive of any applicable taxes, duties, or charges, which will be added to your total payment if required by law. You are responsible for paying all such taxes.

  • Billing Information: You agree to provide current, complete, and accurate purchase information for all purchases made via the Services. You agree to promptly update your billing and other information, including your email address and payment method details, so that we can complete your transactions and contact you as needed.

5. Refund and Cancellation Policy

A. Certified Classes Refund / Transfer Policy: For our regular certified classes, a 90% refund will be issued for requests made at least 14 days in advance of the scheduled class start time. For cancellations made with less than 14 days’ notice, we will allow a one-time courtesy transfer into the next available course. Any additional transfer requests will result in a $100 transfer fee. All refund/transfer requests must be emailed to info@hyperdriveagile.com.

We understand that unforeseen circumstances may occur that interfere with your class attendance. Attendees must contact info@hyperdriveagile.com within 48 hours of the class start time to reschedule if they are unable to attend. Registration will be considered surrendered if no notice is received within the 48-hour window.

B. Workshops Refund / Transfer Policy: We understand that circumstances may change, but we regret to inform you that we do not offer refunds for our workshops. Once you have enrolled in a class, your payment is non-refundable. Attendees are allowed a one-time transfer. To be eligible for a transfer, you must request the transfer at least 48 hours in advance of the scheduled class start time. All transfer requests must be emailed to info@hyperdriveagile.com.

If you do not provide at least 48 hours’ notice before the scheduled class start time or fail to attend the rescheduled class, your registration will be considered surrendered. No refunds or additional transfers will be granted, and you will not be eligible for future transfers for that class.

6. Intellectual Property Rights

  • Ownership: All content, materials, courses, designs, software, trademarks, service marks, logos, and other intellectual property displayed or used in connection with the Services are the exclusive property of Hyperdrive or its licensors and are protected by copyright, trademark, and other intellectual property laws.

  • Limited License: Upon purchase and access to a course, Hyperdrive grants you a limited, non-exclusive, non-transferable, revocable license to access and use the course materials solely for your personal, non-commercial educational purposes during the specified access period.

  • Restrictions: You agree not to:

    • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services.

    • Sell, license, rent, or otherwise exploit for any commercial purposes any part of the Services or materials.

    • Bypass or disable any digital rights management or security measures.

    • Share your course access with any other individual.

    • Use any automated system (e.g., robots, spiders) to access the Services.

7. Certifications Hyperdrive provides training designed to prepare students for certifications offered by various third-party certifying bodies. These bodies include, but are not limited to:

  • Scrum Alliance, Inc.

  • ICAgile

  • Scaled Agile

To facilitate your certification process, we will share necessary basic information, such as your name, email, and sometimes company name, with the relevant certifying body. By enrolling in a course aimed at such certification, you acknowledge and consent to this data sharing for the purpose of certification eligibility and award.

Please note that Hyperdrive is a training provider and does not issue the final certification. The award of certification is solely at the discretion of the respective certifying body and is subject to their independent requirements (e.g., passing exams, membership fees). Hyperdrive does not guarantee that you will obtain certification upon completion of our courses.

8. User Conduct and Prohibited Uses You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.

  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Hyperdrive or users of the Services or expose them to liability.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

  • Misrepresent your identity or affiliations.

  • Engage in any form of harassment, hate speech, or disruptive behavior within any community forums or live sessions.

9. Disclaimers of Warranties THE SERVICES AND ALL MATERIALS, INFORMATION, AND CONTENT PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Hyperdrive 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.

Hyperdrive DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

10. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Hyperdrive, ITS AFFILIATES, 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 SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, 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.

IN NO EVENT SHALL Hyperdrive’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification You agree to defend, indemnify, and hold harmless Hyperdrive, 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 or your use of the Services, including, but not limited to, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

12. Governing Law and Jurisdiction All matters relating to the Services and these Terms, 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 California without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Contra Costa County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms 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.

13. Dispute Resolution At Hyperdrive’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

14. Termination We may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to discontinue using the Services, you may do so at any time.

15. Changes to Terms We may revise and update these Terms 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 Services thereafter. Your continued use of the Services following the posting of revised Terms 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.

16. Force Majeure Hyperdrive will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by an event beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, or failures of telecommunications or internet service providers.

Contact Information: For any questions regarding these Terms, please contact us at info@hyperdriveagile.com