CyberCecurity Terms of Use

© 2024 Copyright CyberCecurity,LLC, All rights reserved.

LAST UPDATED ON: July 2, 2019

1. Introduction

Welcome to www.cybercecurity.com (the "Website"). The Website is owned and operated by CyberCecurity, LLC.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR ACCEPTING OUR CONTENT. By using the Website or accepting our content, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future Services, you will also be subject to our Terms of Use, guidelines, conditions and agreements applicable to those Services. If these Terms of Use are inconsistent with the guidelines, conditions, and agreements applicable to those services, these Terms of Use will control.

This is an agreement between you and CyberCecurity LLC ("CyberCecurity", "we" or "us", or any of our affiliates). Please read these CyberCecurity Terms of Use and the CyberCecurity Privacy Policy and the other applicable rules, policies, and terms posted on the CyberCecurity.com website or provided with any Service (collectively, this "Agreement") before purchasing or using any aspect of the Service. By using the CyberCecurity website, purchasing or using any CyberCecurity Content, using any CyberCecurity Applications, or using any aspect of the Service, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use any CyberCecurity Content, any CyberCecurity Application or the Service.

2. Definitions

For the purposes of this Agreement:

--"Cybersecurity Applications" means software we make available that permits users to shop for, download, browse, or use the Cybersecurity Content on a Supported Device.
--"Cybersecurity Content" means digitized or other content obtained through our website or by any other means.
--"CyberCecurity Small Business Cybersecurity Service" means the various kinds of digital and other cybersecurity content and services that CyberCecurity makes available to small businesses, business owners, and users in an effort to support those businesses to become more aware of their security responsibilities and to help them improve their cybersecurity programs.
--"Service" (see CyberCecurity Small Business Cybersecurity Service) means the provision of any cybersecurity content, services, products, advice, applications, support and other services that we provide to users.
--"Subscription Content" means CyberCecurity Content made available for access only for so long as you remain an active member of a subscription or membership program.
--"Supported Device" means a mobile, computer or other supported electronic device on which you are authorized to operate a Cybersecurity Application.

3. Privacy and Your Account

Please review the CyberCecurity Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

4. Use of CyberCecurity Content

Upon your download of  or access to CyberCecurity Content and payment of any applicable fees or charges (including applicable taxes), CyberCecurity grants you a non-exclusive license to view and use such CyberCecurity Content an unlimited number of times solely for your personal and business use. It may not be shared with or transferred to any third party without the express written permission of CyberCecurity. CyberCecurity Content is licensed, not sold, to you by CyberCecurity.

5. Restrictions on Use: Limited License

All content contained and/or delivered via the Website or otherwise (collectively, "Content"), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, reports, books, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website or delivered via other methods is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a "Mark" contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal or business use of the Website and other content. No Content of the Website, any other Internet site owned, operated, licensed, or controlled by us or any other content provided by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes for your personal, noncommercial, home or business use only, provided that you:

(a) keep intact all copyright, trademark and other proprietary rights notices;
(b) do not use any Content in a manner that suggests an association with any of our products, services or brands; and
(c) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other "hidden text" utilizing any such intellectual property, without our and each applicable owner's express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party's intellectual property as part of the link without our and each such party's express written consent.

6. Use of CyberCecurity Software Applications

You may use any CyberCecurity Software Applications only as directed by Terms of Use associated with that Application. Please see terms contained in the Legal or similar section in the Settings menu of your CyberCecurity Application.

7. Consideration

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website, Content, data, materials, information, and Services available at or through the Website.

8. Sixty (60) day Money-Back Guarantee

We want you to be fully satisfied with our Content and/or Service and therefore we agree to guarantee our Content and/or Service in the following way:

(a) If within 60 days of receiving any of our Content and or Services you are dissatisfied for any reason with the quality of such Content and/or Service, you may request a full-refund of any money you previously paid for such Content and/or Service.
(b) Send your request for refund to Ray Hutchins via email to rh@cybercecurity.com. Please include your name, address, email address, and phone number as part of your communication to us. Please also include the reason for the request for refund.
(c) Assuming that you have been actively engaged in the building of your cybersecurity and privacy programs, we will process your refund. All such activity is carefully documented for reasons associated with the certification process. For purposes of any refunds, you accept that CyberCecurity, LLC is solely responsible for determining if you have been actively engaged in the building of your cybersecurity and privacy programs.
(d) We will verify your identity and first attempt to rectify any problems or issues with our Content and/or Service. If this is impossible, we will then establish the refund mechanism (PayPal, check, etc.) and if everything is correctly verified, approve the refund.
(e) All approved refunds will be made within 14 days of the refund approval date.
(f) You will be notified directly of the approval and the transfer of funds associated with the refund.
(g)  Note that if you have already been awarded one of our certifications as part of our services, this certification will be revoked and cancelled as part of the refund process.
(h) Any unused support hours owed to you will be automatically forfeited and no additional support will be owed to you.

9. Support Services

As part of our program, we provide you with twenty (20) hours of cybersecurity and/or privacy support time. There hours do not expire and there is no restriction on when you can use these hours. We record and track the amount of support time we have provided to you. You agree that if there is any difference between your records of the amount of support time that we have provided to you and our records for the amount of support time we have provided to you, our records shall be accepted as fact. Support is available to you between the hours of 9am to 5pm (MST) Monday through Friday not including official U.S. holidays. To received support, call 303-997-5506 during the time frames previously mentioned. We will respond to you within 48 hours of receiving your request. We fully intend to respond more quickly than 48 hours but must leave ourselves that buffer for legal and practical reasons.

10. Information Provided to CyberCecurity

The CyberCecurity Application will provide CyberCecurity with information about use of your CyberCecurity Application and its interaction with CyberCecurity Content and the Service may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the CyberCecurity.com Privacy Policy.

11. Changes to Service.

We may change, suspend, or discontinue the Service, in whole or in part, including adding or removing Subscription Content from a Service, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the CyberCecurity.com website. Your continued use of the CyberCecurity Application or any aspect of the Service after the effective date of the revised Agreement terms constitutes your acceptance of the terms.

12. Applicable Law and Disputes

These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of Colorado, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Colorado. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Denver County, Colorado, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Denver County, Colorado, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

13. Disclaimer of Warranties

THE CONTENT ON THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.

THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE A LICENSED ATTORNEY. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY SERVICES, CONTENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Limitation of Liability

Without limiting the Disclaimer of Warranties and Limitation of Liability in the CyberCecurity Terms of Use, (1) in no event will our Service's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the CyberCecurity Service exceed the amount of fifty dollars ($50.00); and (2) in no event will our or any other CyberCecurity's aggregate liability to you for all damages arising from your use of the Service exceed the amount you actually paid for the CyberCecurity Content or for any aspect of the Service related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

15. Indemnification

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the "Indemnified Parties"), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

16. Termination

These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:

CyberCecurity, LLC
P.O. Box 270072
Littleton, CO 80127

We may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website via subscription sales and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.

17. Communications and Contact Information

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

For help with your CyberCecurity Service, CyberCecurity Content, or resolving other issues, please contact Ray Hutchins at rh@cybercecurity.com.

For communications concerning this Agreement, please write to CyberCecurity, Attn: Managing Partner, P.O. Box 270072, Littleton, CO 80127.

18. Miscellaneous Legal Provisions

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.