Terms of Use
conciergecyber.com and My-CERT.com and all of their subdomains and aliases (the “Web Site” or “Web Sites”), are sites owned and operated by Cyber Special Ops, LLC (referred to herein as “Cyber Special Ops”, “we”, “us”, “our” and “ours”). The following terms and conditions (the “Terms of Service” or “Terms of Use”) form a binding agreement between you and us. Unless otherwise indicated, the terms “you”, “your” and “yours” when used in these Terms of Use means any user or visitor of this Web Site.
Agreement
Please read these Terms of Use carefully. Your access to and use of this Web Site and any of the information, materials, data, demos, blogs, products, services and other materials made available on or through this Web Site (collectively, “Materials”) are subject to all applicable laws, rules and regulations and to all of the terms and conditions set forth in these Terms of Use.
By accessing or using this Web Site, you agree to be bound by these Terms of Use. If you are accessing or using this Website on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit this Web Site and cease use of all Materials, as you are not permitted to access or use this Web Site or such Materials without agreement to these Terms of Use.
These Terms of Use may be changed by us, in our sole discretion, from time to time with or without notice to you. Any changes or modifications to these Terms of Use will be effective upon posting on the Web Site. You should always review these Terms of Use prior to your access or use of the Web Site or Materials to ensure that you understand the current Terms of Use that apply to your access or use thereof. Your continued use of the Web Site following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you cannot access these Terms of Use via the Internet, we can provide a copy of the Terms of Use then in effect by e-mail upon request.
YOUR ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND USE OF ANY MATERIALS (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES ANY APPLICABLE LAWS, RULES, OR REGULATIONS.
Access and Use Restrictions
Access to and use of the Web Site and the Materials are solely authorized for the internal business purposes of the organization in which you are a representative of and only for the duration of the term of your subscription or evaluation period. Use of the Web Site or Materials for any other purpose, including analytical or research purposes to be used or disclosed outside of your organization, is strictly prohibited. Sharing screenshots, downloads, or other forms of copying, duplicating or replicating any aspect of the Website or any Materials outside of your organization or for any use or purpose not authorized by these Terms of Use is strictly prohibited. You are not permitted to access or use any part of the Web Site or Materials if you are, or the organization in which you represent is, offer products or services that are competitive with those offered by Cyber Special Ops. Additionally, you are not authorized to provide, or otherwise send or communicate to, a competitor of Cyber Special Ops any information gained by your access to or use of the Web Site or any of the Materials.
Product & Services Information
All references on this Web Site to information, materials, products, and/or services apply to information, materials, products, and/or services available in the countries or jurisdictions specified only, unless otherwise stated. Nothing in this Web Site constitutes an offer to buy or sell our products or services in any other country or jurisdiction. This Web Site is for information purposes only.
Ownership and Permitted Use of Materials
Unless otherwise indicated and except for materials in the public domain, this Web Site and its design, text, content, files, selection, and arrangement of elements, organization, graphics, compilation, translations, digital conversion, and other matters related to, and all trademarks, logos, service marks, symbols, trade dress, and all Materials provided on or through this Web Site are protected by all applicable copyright laws, trademark laws, and/or international conventions and treaties. All Materials are the exclusive and proprietary property of Cyber Special Ops and/or its third-party licensors. ALL RIGHTS ARE RESERVED.
The posting, display, or other provision of any Materials on this Web Site shall not constitute a waiver of any right or interest of Cyber Special Ops and/or its third-party licensors in such Materials. Except as expressly provided herein, nothing contained in these Terms of Use or the Web Site shall be construed as conferring by implication, estoppel, or otherwise any license, interest, or right in or to the Materials under any copyright, trademark, or proprietary rights of Cyber Special Ops or of any third party. Further, except as otherwise provided herein, no Materials (or portions thereof) may be used, copied, reproduced, distributed or redistributed, published or republished, downloaded, modified, displayed, posted, broadcasted, imitated, adapted, translated, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or sold, offered for sale, licensed or sublicensed, reverse engineered, disassembled, decompiled, or incorporated into compilations or used in the creation of derivative works, without our express prior written permission or that of the respective third-party owner.
Subject to your compliance with the foregoing, permission is hereby granted to you to the extent necessary for you to lawfully: (a) access this Web Site and/or Materials made available on or through this Web Site; and (b) display, download, archive, and print in hard copy portions of this Web Site for your personal, non-commercial, and informational use only, provided that, you do not: (i) modify the Materials (or any portion thereof), (ii) use the Web Site and/or the Materials in a manner that is fraudulent, libelous, defamatory, tortious, obscene, threatening, abusive, malicious, offensive, hateful, objectionable, or which constitutes or encourages a criminal offense, violates the rights of another (including, without limitation, any copyright, trademark, patent, trade secret, privacy, moral or publicity rights or other intellectual property or proprietary rights of others), or otherwise violates or conflicts with these Terms of Use or any applicable law; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (iv) use the Web Site to interfere, disrupt, or attempt to gain unauthorized access to the Materials, other Cyber Special Ops accounts, any restricted portions of the Web Site, or any computer network or equipment; (v) use any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract any Materials or other data from the Web Site); (vi) frame or otherwise simulate the appearance or functions of the Web Site (or any portion thereof); and/or (vii) remove or alter any copyright, trademark, and other proprietary notices and legends contained in the Materials or on the Web Site (and any printouts thereof). The foregoing permission is for the sole purpose of enabling you to use the Web Site and enjoy the benefit of the Materials as provided on the Web Site, in the manner permitted by these Terms of Use. We may modify the Materials from time to time, and, you are solely responsible for ensuring that you are using current and permitted Materials only. The foregoing permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any and all downloaded, archived, or printed copies of the Materials, and, if requested by us, certify to us in writing that you have complied with the foregoing.
Violations
Cyber Special Ops reserves all rights and has the exclusive right and discretion to terminate the accounts of any Cyber Special Ops customer who violates any of these Terms of Use.
Disclaimer of Endorsement
Any references to business or entities, products, processes, or services, or other organizations or individuals that are included on the Web Site by trade name, trademark, logo, or otherwise are provided solely for your information. These references are not intended to reflect the opinions of Cyber Special Ops concerning the significance, priority, or importance to be given the referenced business, entity, product, service, organization, or individual. Such references, including any that may relate to our Materials, are not endorsements or approvals by Cyber Special Ops, and should not be quoted or reproduced for the purpose of stating or implying endorsement or approval by Cyber Special Ops.
Minors
This Web Site is a business and commercial site. As such, it is not intended for children or minors. By using this Web Site or accessing any of the Materials, you affirm that you are either 18 years of age or older or possess legal parental or guardian consent to use this Web Site or access any of the Materials and are fully able and competent to enter into and to abide by and comply with these Terms of Use.
User-Generated Content
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy.
You may from time to time be permitted to post content on the Web Site, submit e-mails, or otherwise provide content to us in connection with your use of the Web Site or Materials (“User-Generated Content”). Any User-Generated Content or other communication or material you post on the Web Site or transmit to us over the Internet is, and will be, treated as non-confidential and non-proprietary,is and will be solely your responsibility, and may be disclosed by us to third parties as described in our Privacy Policy that is available on the Web SiteUpon the transmission of any User-Generated Content to us, you expressly and hereby grant us perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable, and non-exclusive permission to reproduce, display, publish, modify, distribute, disseminate, and/or otherwise use or exploit such content for any lawful purpose, without compensation, notice or obligation to you, subject to our Privacy Policy. We are not required to use or return any User-Generated Content submitted to us. You represent and warrant that you own or otherwise control all rights, including, but not limited to, copyrights, in and to any such User-Generated Content, that all moral rights in and to any such User-Generated Content have been waived, and that the use of such User-Generated Content as permitted hereunder does not and will not infringe or violate the rights of any third party. All derivative works or other developments arising from or based on User-Generated Content, if created by us, shall be our exclusive property.
The posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Under no circumstances shall we be liable for any such material posted or transmitted by you by or through the Web Site.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail, or any other form of transmission for the purposes of quality control, security, and other business needs.
Notwithstanding the foregoing, all personal data provided to us in connection with your use of this Web Site will be handled in accordance with our Privacy Policy.
Statements on Web Site
The documents contained on (or directly accessible from) this Web Site may contain forward-looking statements. Any statements that are not statements of historical fact (including, without limitation, statements to the effect that Cyber Special Ops or its management “believes,” “expects,” “anticipates,” “plans” and other similar expressions) should be considered forward-looking statements and should not be relied upon.
There are a number of important factors that could cause Cyber Special Ops’s actual results to differ materially from those indicated by such forward-looking statements, including general economic conditions, our continued ability to develop and introduce products, the introduction of new products by competitors, pricing practices of competitors, expansion of its sales distribution capability, the cost and availability of components, undetected software errors or bugs, our ability to control costs and other risk factors.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR THE MATERIALS, WHICH ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE, THE MATERIALS AND ANY WEB SITE WITH WHICH THIS WEBSITE IS LINKED. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING, MAINTAINING, AND ENSURING THE COMPATIBILITY OF ALL HARDWARE, SOFTWARE, AND OTHER COMPUTER REQUIREMENTS NECESSARY FOR YOUR ACCESS TO AND USE OF THE WEBSITE AND THE MATERIALS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER (A) THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT, (B) USE OF THE WEB SITE AND ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THE WEB SITE AND THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME, OR (D) THE WEB SITE AND MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY THIRD-PARTY LICENSOR WILL BE LIABLE WITH RESPECT TO ANY DECISIONS MADE BY YOU OR ANY OTHER PERSON AS A RESULT OF RELIANCE ON THE WEB SITE OR ANY MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Your use of the Web Site and the Materials is at your sole risk. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions, and other material on this Web Site or any web site with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Exclusion of Liability
To the fullest extent permitted by applicable law, neither we nor any of our shareholders, officers, directors, representatives, employees, agents, third-party licensors, suppliers, or contractors shall be liable for any losses and/or expenses of whatever nature, howsoever arising, and regardless of the legal theory of liability, including, without limitation, any direct, indirect, special, punitive, liquidated, incidental, or consequential damages; loss of or inability to use data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages, expenses, or losses and even if an exclusive remedy provided for herein fails of its essential purpose, which does or may arise out of or in connection with your access to, use of, or inability to use this Web Site or the Materials or any web site with which this Web Site is linked. If you are dissatisfied with the Web Site or any Materials, your sole and exclusive remedy shall be to discontinue use of the Web Site and Materials and terminate these Terms of Use in accordance with its terms. To the maximum extent permitted by law, in no event shall Cyber Special Ops’s or any third-party licensor’s total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited, to negligence) or otherwise) exceed in the aggregate the amount paid by you, if any, for accessing the Website or Materials.
Indemnity and Release
You agree to defend, indemnify, release, and hold us harmless as well as our shareholders, officers, directors, agents, representatives, employees, attorneys, insurers, and third-party licensors from any and all claims, liabilities, losses, expenses, or demands, including attorneys’ fees and costs, based on, arising from, or otherwise related to (a) your breach or violation of these Terms of Use; (b) your access or use of this Web Site or any of the Materials; (c) any infringement or misappropriation by you of any intellectual property or other rights of Cyber Special Ops or any third party; or (d) any negligence or willful misconduct by you.
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, this Web Site (or any portion thereof) and/or the Materials (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Web Site or the Materials.
Termination and Survival
These Terms of Use will remain in effect until terminated by you or us. You may terminate these Terms of Use at any time by ceasing your use and access of the Web Site and Materials and by destroying all Materials and any other content that you have saved, printed, or downloaded from the Web Site. Notwithstanding any of the terms and conditions contained herein, we reserve the right, without notice and in our sole discretion, to terminate your permission to use the Web Site and Materials, and to block or prevent future access to and use of the Web Site and Materials. The provisions of these Terms of Use that by their nature and content are intended to survive the expiration or termination of these Terms of Use will survive such termination or expiration.
Entire Understanding
These Terms of Use contain the entire understanding between you and Cyber Special Ops with respect to this Web Site and the Materials herein and your use and access of this Web Site and the Materials. Any other representations, statements, inducements, understandings, arrangements and agreements, oral or written, between you and Cyber Special Ops, either prior or contemporaneous, relating thereto, not contained herein, are disavowed and expressly made null and void, unless signed in writing by Cyber Special Ops. For the avoidance of doubt, you agree that any terms and conditions provided in any document delivered to Cyber Special Ops by you in connection with the Website or Materials shall in no way supersede the terms and conditions of these Terms of Use and are hereby declared null and void, unless signed in writing by Cyber Special Ops. Should there be a conflict between these Terms of Use and any written and signed agreement between Cyber Special Ops and any customer, the terms of such written and signed agreement shall control. Should any part of these terms for any reason be declared invalid, void or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portions and such remaining portions shall remain and continue in full force and effect to the maximum extent permitted by law. Our failure to enforce any provision of these Terms of Use shall not operate as or be deemed a waiver by Cyber Special Ops of any other breach of any such provision or any other provision herein or of the right to enforce such provision(s).
Applicable Law & Jurisdiction
While Cyber Special Ops provides global products and services, our operations are located in Johns Creek, Georgia and these Terms of Use are based on United States law. Access to, or use of, this Web Site or any information, materials, products and/or services made available on or through this Web Site may be prohibited by law in certain countries or jurisdictions. You are solely responsible for ensuring compliance with any applicable laws of the country from which you are accessing this Web Site. We make no representation that the information contained herein is appropriate or available for use in any location.
With respect to any and all disputes arising form or in connection with this Web Site or these Terms of Use (including without limitation the Privacy Policy), Cyber Special Ops and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another to achieve a mutually satisfactory resolution. These Terms of Use shall be governed by the laws of the State of Georgia. Except as specifically provided in these Terms of Use or in any other agreement between Cyber Special Ops and you that supersedes these Terms of Use, Cyber Special Ops and you agree that any dispute or controversy arising out of, relating to or in connection with this Web Site or these Terms of Use (including without limitation the Privacy Policy) shall be submitted to binding arbitration to be held in Atlanta, Georgia in accordance with the rules of the American Arbitration Association. A single arbitrator will make a determination. The Parties waive right to jury trial and agree that the arbitration award will be final and binding and that judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the foregoing, any Party may seek immediate judicial intervention to prevent any unauthorized use or disclosure of the confidential or proprietary information of the Party (or those to whom it owes a duty of confidentiality) bringing any such action. The failure of Cyber Special Ops to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
The rights and remedies provided by these Terms of Use are cumulative and the use of any right or remedy by us shall not preclude or waive our rights to use any or all other remedies.
Contacting Us
If you have any questions regarding these Terms of Use or any other matter, you may contact us in by writing to us at Cyber Special Ops, LLC, 275 Lirac Court, Johns Creek, GA 30022 or email us at info@conciergecyber.com.
Last updated: March 11, 2019