This is a legal agreement between you and CyberScout, LLC (“CyberScout”), that governs your access and use of CyberScout’s DataRiskStages service (the “Services”). It is effective between you (the “Customer”) and CyberScout as of the date you register for or use the Services, whichever is earlier.
*** IMPORTANT ***
*** PLEASE READ CAREFULLY BEFORE YOU PURCHASE OR USE THE SERVICE ***
By clicking on the “accept” button at the end of this document or by accessing, executing or otherwise using the Services, you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. If you are not willing to be bound by the terms of this Agreement, do not access or use the Services.
If you are using the Services in your capacity as employee or agent of a company or organization, then any references to “You” or “ Customer” in this agreement shall refer to such entity and not to you in your personal capacity. You warrant that you are authorized to legally bind the company or organization on whose behalf you are accessing the Services. If you are not so authorized, then neither you nor your company or organization may use the Services in any manner whatsoever.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
Credit Card Purchase and Auto-Renewal
The following section applies when the Services are purchased by credit card. By purchasing the Services with a credit card, you represent that you are making the purchase as a business-to-business transaction and not on behalf of any individual consumer.
Credit card transactions are also subject to these terms:
- The Customer’s credit card will initially be charged for a year of service. The fee is nonrefundable.
- THE CUSTOMER MAY CANCEL THE SERVICE AT ANY TIME BY CALLING 844-228-5952. Following cancellation, the Customer will have access to the Services for the remainder of that service year. Customers who do not sign up for the Services using a credit card who wish to cancel must contact the company or organization through which they were offered the Services.
- IF THE CUSTOMER DOES NOT CANCEL THE SERVICES AT LEAST 15 DAYS BEFORE THE END OF THE SERVICE YEAR, THE SERVICES WILL AUTOMATICALLY RENEW AND THE CUSTOMER’S CREDIT CARD WILL BE CHARGED FOR ANOTHER SERVICE YEAR.
- YOU HEREBY CONSENT TO CyberScout CHARGING YOUR CREDIT CARD FOR THE ANNUAL FEE FOR THE INITIAL TERM AND FOR EACH RENEWAL TERM. IF YOUR CREDIT CARD IS DECLINED FOR ANY REASON, OR THE CHARGE IS NOT PROCESSED OR ACCEPTED BY YOUR CREDIT CARD COMPANY, CyberScout RESERVES THE RIGHT TO IMMEDIATELY SUSPEND THE SERVICES OR TERMINATE THIS AGREEMENT.
If the auto-renewal credit card transaction is declined, the Customer will receive notice by email. If the Customer does not resubmit information that results in a successful credit card transaction within five business days, the account will be suspended and any uploaded documents associated with the account will be deleted.
Primary Contact Person
The Customer must provide contact information, including an email address, for the person who will serve as the Customer’s primary contact person. CyberScout may communicate with the Customer by sending emails or any notices relating to the Services to the primary contact person. The Customer may update the primary contact person’s information by calling 844-228-5952.
Disclaimer of Warranties
USE OF THE SERVICES BY A CUSTOMER IS AT THE CUSTOMER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CyberScout EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.
CyberScout makes NO WARRANTY THAT (i) PAST IDENTITY FRAUD WILL BE RESOLVED, IN WHOLE OR IN PART, (ii) FUTURE IDENTITY FRAUD WILL BE PREVENTED, (iii) THE SERVICES WILL MEET REQUIREMENTS OF THE COMPANY OR ITS CUSTOMERS, (iv) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (v) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (vi) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE CUSTOMER THROUGH THE SERVICES OR VIA CyberScout WILL MEET THE EXPECTATIONS OF THE CUSTOMER.
Limitation of Liability
IN NO EVENT SHALL CyberScout BE LIABLE FOR ANY DIRECT DAMAGES OR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES, WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT OR FROM DATA LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENDED CONDUCT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME, GOODWILL OR REVENUE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Welcome to the CyberScout, LLC ("CyberScout") network of web sites (the "Web Site"). Please read the following terms and conditions carefully before using the Web Site.
Acceptance of terms through use
Any rights not expressly granted herein are reserved by CyberScout.
Severability and integration
Changes to the Web Site
CyberScout may periodically make changes to the Web Site at any time, without notice. CyberScout and third-party providers may make improvements and/or changes in the products and services described on the Web Site at any time, without notice
CyberScout reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice, without liability to you, any other user, or any third party.
Products that are offered through the Web Site are subject to the agreements and terms of service that apply to them and can be accessed when a specific product is requested. Further, additional proprietary notices and copyright information may be found on other pages in the Web Site.
Authorized use of Web Site information
Except as otherwise indicated on this site, CyberScout hereby authorizes you to view and print documents or information on this site subject to the following terms and conditions:
(a) the document or information may be used internally (by you or any third party to whom you distribute it) solely for informational, personal, non-commercial purposes;
(b) no fee may be charged for distribution of any information to any third party;
(c) the document may not be modified in any way;
(d) any and all copyright or other proprietary notices that appear herein, together with these Legal Notices, must appear on any copy of the document or portion thereof that you make or distribute; and
(e) CyberScout reserves the right to revoke this authorization at any time, and any previous use shall be discontinued immediately upon notice from CyberScout. Documents specified above do not include the layout or design of the Web Site. Elements of this site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part.
Documents specified above do not include logos, graphics, sounds, or images on this web site, which may be reproduced or distributed only when expressly permitted by CyberScout.
Personal and non-commercial use limitation
Unless otherwise specified, the CyberScout Web Site is made available for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the CyberScout Web Site, except by prior written agreement with CyberScout.
You may not use the CyberScout Web Site to sell a product or service, or to increase traffic to your web site for commercial reasons, except by prior written agreement with CyberScout.
You may not take elements of the CyberScout Web Site and reformat and display them, or mirror them on your web site, except by prior written agreement with CyberScout. If you want to make commercial use of the CyberScout Web Site, you must enter into an agreement with CyberScout to do so in advance. Please contact us for more information.
Disclaimer of warranties
Except where expressly provided otherwise by CyberScout, the materials, information, software, products, and services included in or available through this web site (the "Content") are provided "as is" and "as available", and are for non-commercial use only, and CyberScout hereby disclaims all express or implied representations, warranties, guaranties, and conditions, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement, except to the extent that such disclaimers are held to be legally invalid. CyberScout makes no representations, warranties, guaranties, or conditions as to the quality, suitability, truth, accuracy, or completeness of any of the Content contained on the Web Site. CyberScout and its licensors do not warrant that the content is accurate, reliable, or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of harmful components. The Web Site may include inaccuracies or typographical errors. Your use of the Web Site is solely at your risk.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of liability
In no event shall CyberScout or its licensors be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading any materials, information, software, products, and services included in or available through the Web Site. In no event shall CyberScout or its licensors be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of information available from the Web Site, even if CyberScout has been previously advised of the possibility of such damage. You agree to hold CyberScout harmless from, and you covenant not to sue CyberScout for, any claims based on or related to the use of the Web Site. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Without limiting the foregoing, under no circumstances shall CyberScout or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Products and services availability
The Web Site can be accessed from countries around the world and may contain references to CyberScout services, programs, and products that have not been announced in your country. These references do not imply that CyberScout currently offers or intends to announce such services, programs, or products in your country.
Policy on linking to the CyberScout Web Site
You are granted a limited, non-exclusive right to create a hypertext link to the CyberScout Web Site found at www.breachresponse.com. However:
- You may not portray CyberScout and/or its affiliates or any of their respective products and services in a false, misleading, offensive, derogatory, or otherwise defamatory manner.
- You may not misrepresent your relationship with CyberScout or imply that CyberScout sponsors, endorses, or is affiliated with your web site or products.
- You may not replicate, modify, or alter the appearance or content of this web site.
- You may not use, frame, or utilize framing techniques to enclose any CyberScout trademark, logo, or other proprietary information, including the images found at the Web Site, the content of any text, or the layout and/or design of any page or form contained on a page without the express written consent of CyberScout.
Furthermore, a site that links to the CyberScout Web Site:
- Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages; and
- Must not contain materials that would violate any laws.
- Must agree that the link may be removed at any time upon CyberScout's request pursuant to CyberScout's reserved rights to rescind its consent to allow the link.
Except as stated above, you are not conveyed any right or license by implication, estoppel, or otherwise, in or under any patent, trademark, copyright, or proprietary right of CyberScout or any third party, to (i) the content of the Web Site or (ii) any intellectual property or proprietary rights of CyberScout. This limited linking right may be taken away from you at any time at our discretion.
Links to third-party sites
The CyberScout Web Site may contain links to or mirroring of web sites controlled by parties other than CyberScout. CyberScout is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. CyberScout provides these links or mirroring to you only as a convenience, and the inclusion of any link does not imply endorsement of the linked web site by CyberScout. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
CyberScout has not co-authored, ratified, endorsed, or adopted the information contained in any publications referenced on the Web Site by publishing it herein.
CyberScout has not co-authored, ratified, endorsed, or adopted any statistics provided by third parties by publishing them on the Web Site.
Submissions, feedback, and confidentiality
Except where expressly provided otherwise by CyberScout, all comments, feedback, information, or materials submitted to CyberScout through or in association with the Web Site ("Submissions") shall be considered nonconfidential and property of CyberScout. By providing such Submissions to CyberScout, you agree to assign to CyberScout, at no charge, all worldwide rights, title, and interest in copyrights and other intellectual property rights to the Submissions. CyberScout shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not CyberScout, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright.
Claims of copyright infringement
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify CyberScout.
Intellectual property notices
Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by CyberScout. CyberScout, Identity Lock, and other CyberScout products and services referenced herein are the common law and/or registered trademarks of CyberScout, LLC in the United States and/or in other countries. The absence on the Web Site of an CyberScout product or service name, slogan, or logo does not constitute a waiver of CyberScout's trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of CyberScout. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please click here.