Last updated April 1, 2020
2. Access and Eligibility
To use our Service, you must not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and not be listed on any U.S. government list of prohibited or restricted persons.
3. Modifications / Changes
CyberRisk Alliance reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time.
For users in the United States, any changes or modifications will be effective immediately upon posting of the revisions on the website and shall apply to all use of our services and all acts or omissions occurring after the effective date of the revised Agreement. Please check for changes when you access our sites. Your continued use of our services, following the posting of changes, will mean that you accept and agree to all changes or modifications.
For users in the European Economic Area (EEA), any changes or modifications will be effective upon your express consent as you will be notified of any changes by virtue of a pop-up, banner, or other notification mechanism when you seek to access our services after we issue a change or modification. Upon consent, the revisions to this Agreement shall apply.
4. Children’s Online Privacy Protection Act
The Service is directed to adults and is not directed to children under the age of 13. You must be 13 years of age or older to use the Service. CyberRisk Alliance complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. By registering for the Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service (“Member”). Creating a Member account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Service and such accounts will be terminated by CyberRisk Alliance.
By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. The profile that you compose upon registering for the Service (the “Member Profile”) must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your profile, you can do so via the “my account” option on the site.
5. Use of Content and Intellectual Property Rights and Ownership
- The Service provides general information only and does not constitute legal advice. You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material of CyberRisk Alliance (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of CyberRisk Alliance or third parties. All Content on the Service is copyrighted as a collective work of CyberRisk Alliance pursuant to applicable copyright law. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.
- References on the Service to any specific retailer, distributor, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring CyberRisk Alliance or its officers, employees or agents nor does such reference constitute an endorsement of CyberRisk Alliance or any of the foregoing.
- Except as expressly permitted herein, you may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying or that enforce limitations on use. You may post on the Service only content owned by you (such as your original statements or video clips), content for which you have received express permission from the owner and content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to CyberRisk Alliance and its successors, assigns and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Service) to do any of the foregoing with further right of sublicense (the “License”), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right).
- CyberRisk Alliance authorizes you to view and use the Service solely for your personal informational and noncommercial use. You must (1) not remove any proprietary notice language, (2) use such information only for your personal, non-commercial informational purpose and not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
- You will not frame or use framing techniques to enclose any portion of this Service or the Content without the express prior written consent of CyberRisk Alliance. You will not use meta tags or any other hidden text using the CyberRisk Alliance name or trademarks and service marks without the express prior written consent of CyberRisk Alliance.
- The words “CyberRisk Alliance”, and the CyberRisk Alliance logos, and the products and services, and their names and logos, described in the Services are either trademarks, trade names, or service marks of CyberRisk Alliance and its licensors, or are the property of their respective owners. These marks may not be copied, imitated, or used, in whole or in part, without the express prior written permission of CyberRisk Alliance or their respective owners, and then only with the proper acknowledgments. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, or trade dress of CyberRisk Alliance, and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of CyberRisk Alliance.
- You may download, copy and make any personal, non-commercial use of the Content and use that is permitted by Sections 107 through 122 of the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
6. Rules of Conduct
The following is an incomplete list of illegal and prohibited uses of the Service. CyberRisk Alliance may investigate any illegal and/or unauthorized use of the Service and appropriate legal action may be taken, including without limitation, termination of your right to access the Service, and civil, criminal, and injunctive redress. While utilizing the Service, you may not: use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive Services; post on the Service any links to any external Internet Site or mobile applications that are obscene or pornographic, or display pornographic or sexually explicit material of any kind; use any robot, spider, Site or mobile application search and/or retrieval application, or other device to retrieve or index any portion of the Service; reformat or frame any portion of any web page that is part of the Service; post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); submit any Material that falsely implies sponsorship of that Material by the Service and/or CyberRisk Alliance, falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading; transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Service; submit Material that violates the rights of others, such as Material that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user, by linking or any other method, to the content of a third party without the third party’s written consent; promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or submit material that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity.
7. Managing Content
CyberRisk Alliance reserves the right to delete, move or edit any Content (including Material posted in any interactive area of the Service) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. However, CyberRisk Alliance does not and cannot review all of the Content posted by users on the Service and is not responsible for such Content. You shall remain solely responsible for all Material. Although CyberRisk Alliance reserves the right to remove any offending Content on the Service, you understand and agree that you nonetheless may be exposed to such Material and that you further waive your right to any damages (from any party) related to such exposure.
Additionally, CyberRisk Alliance shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
8. No Endorsement
- CyberRisk Alliance does not represent or endorse the accuracy or reliability of any Content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any interactive area by users represents the views of the user posting the statement and does not represent the views of CyberRisk Alliance.
- The Service may contain links to Site or mobile applications on the Internet which are owned and operated by third parties (the “External Site or mobile applications”). You acknowledge that CyberRisk Alliance is not responsible for the availability of, or the content located on or through, any External Site or mobile application. You should contact the Site or mobile application administrator or webmaster for those External Site or mobile applications if you have any concerns regarding such links or the content located on such External Site or mobile applications.
You agree to indemnify, defend and hold CyberRisk Alliance and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “CyberRisk Alliance Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any CyberRisk Alliance Party in connection with any Material or with use or alleged use of any Content or the Service, including any use under your password by any person, whether or not authorized by you. CyberRisk Alliance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CyberRisk Alliance’s defense of such claim.
10. Termination of Service
CyberRisk Alliance reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your membership of the Service at any time, for any reason, by emailing CyberRisk Alliance at [email protected]. Once your membership terminates, you will have no right to use the Service. The terms of this Agreement shall survive any termination of your membership. CyberRisk Alliance may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
11. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact the editor of the product located in the “About Us” or “Contact Us” sections of the website or mobile application with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the website or mobile application; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
12. Disclaimer of Warranties; Limitation of Liability
- NEITHER CyberRisk Alliance NOR ANY PROVIDER OF THIRD-PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE CONTENT OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CyberRisk Alliance, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NONE OF CyberRisk Alliance, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER CyberRisk Alliance NOR ANY THIRD-PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
- You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the Content is assumed solely by you. You specifically acknowledge that CyberRisk Alliance is not responsible or liable for any unauthorized access to or alteration of your Materials, data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another’s rights.
- Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using the Service. Consult your physician prior to using the Service if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the Service immediately if you experience any such symptoms.
- NEITHER CyberRisk Alliance, ANY THIRD-PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE Site or mobile application, Site or mobile application-RELATED SERVICES, AND/OR HYPERLINKED WEB Site or mobile applications IS TO STOP USING THE Site or mobile application AND/OR THOSE SERVICES.
- Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of CyberRisk Alliance, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
13. APP STORE
iTunes APP STORE
14. International Use
CyberRisk Alliance makes no representation that every aspect of the Services is appropriate or available for use in any particular jurisdiction. When you choose to access and use the Services, you agree that:
• you do so on your own initiative and at your own risk;
• you will not use the Service if you are prohibited from receiving products, services, or software originating from the United States;
• you are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable; and
• you specifically agree to comply with all applicable laws and regulations concerning the transmission of technical data exported from the country in which you reside.
CyberRisk Alliance may disclose any information CyberRisk Alliance has about you (including your identity) if CyberRisk Alliance determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) CyberRisk Alliance’s rights or property, or the rights or property of visitors to or users of the Services, including CyberRisk Alliance’s customers. CyberRisk Alliance reserves the right at all times to disclose any information that CyberRisk Alliance deems necessary to comply with any applicable law, regulation, legal process or governmental request. CyberRisk Alliance also may disclose your information when CyberRisk Alliance determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
17. Force Majeure
CyberRisk Alliance will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
18. Member Disputes
You are solely responsible for your interactions with other Members of the Service. CyberRisk Alliance reserves the right, but has no obligation, to monitor disputes between you and other Members.
19. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
While efforts have been taken to ensure that the pages on the Site or mobile application are free from viruses, CyberRisk Alliance gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
CyberRisk Alliance excludes, in so far as it is legally responsible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of CyberRisk Alliance or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of: The pages on the Site or mobile application or any other Internet Site or mobile applications; Any material downloaded from the Site or mobile application or any other Internet Site or mobile applications; Any publication, product or service.
21. Arbitration; Jurisdiction of Disputes; Miscellaneous
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
Any failure by CyberRisk Alliance to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under them shall not be construed as a waiver or relinquishment of Your right to assert or rely upon any such provision or right in that or any other instance.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the this Agreement which shall continue to be in full force and effect.
23. Statute of Limitations