VantagePoint
Security, LLC.
Terms of Use
READ THE
FOLLOWING TERM AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING
OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS
OF USE ("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND
BY THE AGREEMENT.
1. COPYRIGHT
NOTICE. Copyright (C) 2007 VantagePoint Security, LLC. All Rights Reserved.
2. LICENSE
GRANT & OWNERSHIP BY VANTAGEPOINT SECURITY.
a. License. Subject to the terms and conditions of this Agreement, and
until termination of the Agreement, VantagePoint Security grants you
a non-exclusive, non-transferable, limited license to view or print
the Content in this Site without alterations, for personal, non-commercial
use only. This limited license does not apply to any media or platform
other than that of the current Site.
b. Ownership. All Content on the Site is (and shall continue to be)
owned exclusively by VantagePoint Security or Others, and is protected
under applicable copyrights, patents, trademarks, and/or other proprietary
rights, and the copying, redistribution, use or publication by you of
any such Content or any part of the Site is prohibited. Under no circumstances
will you acquire any ownership rights or other interest in any Content
by or through your Site Use.
3. RESTRICTIONS
ON USE
a. Prohibited Acts. Concerning your Site Use or any Content, you agree
not to knowingly: (i) use any device, software or technique to interfere
with or attempt to interfere with the proper working of the Site; (ii)
post or transmit to the Site any unlawful, fraudulent, harassing, libelous,
or obscene Information of any kind; (iii) post or send to the Site any
Information that contains a virus, bug, or other harmful item; (iv)
publish, perform, distribute, prepare derivative works,
copy, reverse engineer, or use the Content (other than as expressly
permitted herein); (v) post or transmit into or on the Site any Information
in violation of another party's copyright or intellectual property rights;
(vi) take any action which imposes an unreasonable or disproportionately
large load on VantagePoint Security's infrastructure; (vii) redeliver
any of the Content using "framing", hyperlinks, or other technology
without VantagePoint Security 's express written permission; or, (viii)
use any device or technology to provide repeated automated attempts
to access password-protected portions of the Site.
b. Right to Regulate &: Law Compliance. You acknowledge that VantagePoint
Security has the right, but no obligation, to monitor the Site and to
disclose any Information necessary to operate the Site, to protect VantagePoint
Security, Others, and VantagePoint Security 's customers, and to comply
with legal obligations or governmental requests. VantagePoint Security
reserves the right to refuse to post or to remove any Information on
the Site, in whole or in
part, for any reason. Law Compliance. You agree to comply with all governmental
laws, statutes, ordinances, and regulations (including unfair competition,
anti-discrimination or false advertising) regarding your Site Use.
4. YOUR SITE
USE ACTIVITIES
Password-Protected Areas. If you are allowed access to password-protected
areas of the Site, you agree to keep your password confidential, and
to send Notice to VantagePoint Security within 24 hours if your password
is compromised. You acknowledge that VantagePoint Security neither endorses
nor is affiliated with any Linked-Site and is not responsible for any
information that appears on the Linked-Site. You acknowledge that (i)
the internet is a network of computers worldwide, and that any Information
submitted by you to VantagePoint Security necessarily is routed via
third party computers to VantagePoint Security, (ii) VantagePoint Security
is not responsible for lapses in online security and does not assume
liability for improper use of your Information by a third party.
5. SUBMISSIONS
OF INFORMATION BY YOU
Grant of License to VantagePoint Security. If you submit Information
to the Site, you grant VantagePoint Security a nonexclusive, worldwide,
royalty-free license to (in any media now known or not currently known
or invented) link to, utilize, use, copy, exploit, and prepare derivative
works of the submitted Information. No Information you submit shall
be deemed confidential. However, VantagePoint Security agrees to use
your Information in accordance with VantagePoint Security 's Privacy
Policy applicable to personally identifiable user data.
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY
RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO VANTAGEPOINT SECURITY.
6. APPLICABILITY
& COOPERATION
VantagePoint Security reserves the right to limit the provision of any
product or service to any person, geographic area or jurisdiction as
it so desires, or as required by law. VantagePoint Security at its sole
discretion may add, delete or change the Content at any time, without
notice to you.
7. RESTRICTED
RIGHTS & EXPORT CONTROLS
Government Use. The software and documentation available on the Site
are "commercial items," as that term is defined in 48 C.F.R.
2.101 (October 1995), consisting of "commercial computer software"
and related documentation, as such terms are used in 48 C.F.R. 12.212
(September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. government end users acquire
the software and documentation with only those rights set forth herein.
You acknowledge and agree to comply with all U.S. laws, regulations
and requirements applicable to the export of U.S. origin products and
technology.
8. LIMITED
WARRANTY AND DISCLAIMER
a. DISCLAIMER OF WARRANTY. VANTAGEPOINT SECURITY AND ALL CONTENT PROVIDERS
MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON.
THIS SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY ALL
CONTENT PROVIDERS "AS IS" AND "AS AVAILABLE", WITH
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU
HEREBY DISCLAIM ALL WARRANTIES BY VANTAGEPOINT SECURITY RELATING TO
YOUR SITE USE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT
BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS,
ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT
THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
b. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY OF THE CONTENT
PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS,
LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE
SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE
AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional
rights under certain laws (including consumer laws) which do not allow
the exclusion of implied warranties, or the exclusion or limitation
of certain damages. If these laws apply to you, the exclusions or limitations
in this Agreement that directly conflict with such laws may not apply
to you.
9. CONTACTING
VANTAGEPOINT SECURITY. Should you desire to contact VantagePoint Security,
you may do so at: VantagePoint Security, LLC, PO Box 396, Bellevue,
WA 98009. Email. Legal@NOSPAMvantagepointsecurity.com.
10. MISCELLANEOUS
a. Location& Interpretation. The language in this Agreement shall
be interpreted as to its fair meaning and not strictly for or against
any party.
b. Equitable Relief. You acknowledge that any breach by you of the provisions
of the Agreement will cause irreparable damage to VantagePoint Security
or Others and that a remedy at law will be inadequate. Therefore, in
addition to any and all other legal or equitable remedies, VantagePoint
Security and Others will be entitled to injunctive relief for any breach
of this Agreement.
c. Severability. In the event that any of the provisions of this Agreement
shall be held by a court or other tribunal of competent jurisdiction
to be unenforceable, such provisions shall be limited or eliminated
to the minimum extent necessary so that this Agreement shall otherwise
remain in full force and effect and enforceable.
d. Complete Integration. This Agreement constitutes the entire agreement
between you and VantagePoint Security pertaining to the subject matter
hereof. You agree to review this Agreement prior to any Site Use, and
each Site Use by you shall constitute and be deemed your unconditional
acceptance of this Agreement. This Agreement may be prospectively modified
by VantagePoint Security, by posting a revised Agreement on the Site.
e. Termination. The Agreement may be terminated by either Party, at
its sole and absolute discretion, at any time and for any reason (with
or without cause), with or without notice. If the Agreement is terminated,
you agree to cease all Site Use and, upon request by VantagePoint Security,
to return all Information in your possession relating to the Site, and
all copies thereof.
f. Survival of Certain Provisions. Any and all provisions or obligations
contained in this Agreement which by their nature or effect are required
or intended to be observed, kept or performed after termination of this
Agreement will survive the termination of this Agreement and remain
binding upon and for the benefit of the parties, their successors and
permitted assignees.
g. Waiver. No delay or omission to exercise any right or remedy accruing
to VantagePoint Security upon any breach or default by you shall constitute
a waiver by VantagePoint Security of any breach or default.
h. Headings. All article or section headings, or exhibit names, are
for reference and convenience only and shall not be considered in the
interpretation of the Agreement.
i. No Agency. You and VantagePoint Security are independent contractors,
and no agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
j. Conflicts. If this Agreement conflicts with a provision of any other
contract between you and VantagePoint Security relating to the Site,
the provision in such other Agreement shall govern.
11. GLOSSARY
The following terms, when used in this Agreement, shall have the following
meanings. "Content". The term "Content" means all
Information, data, or other material, in any form or media, contained
in, obtained from, or relating to the Site, including all results obtained
from the Site.
"Content Providers". The term "Content Providers"
means both VantagePoint Security and Others.
"Information". The phrase "Information" includes
all data, information, documents, files, personally-identifying information,
and software disclosed by one party to the other in connection with
the Site or your Site Use.
"Linked-Site". A "Linked-Site" means any internet
site (including all information, data, and content thereon) that is
linked to the Site, but not owned by VantagePoint Security.
"Notice". The phrase "Notice" refers to the sending
of Information by you to VantagePoint Security via certified mail, return
receipt requested, to VantagePoint Security at the address noted in
section 9 above.
"Others". The terms "Others" means VantagePoint
Security's direct or indirect licensors, VantagePoint Security's affiliates,
or other contributors to the Site (other than VantagePoint Security).
"Privacy Policy". The phrase "Privacy Policy" refers
to VantagePoint Security's official published privacy policy, if any,
describing VantagePoint Security's intended uses of your personally
identifiable Information.
"Site". The term "Site" means any VantagePoint Security
internet site, page (and all sub-pages), uniform resource locator ("URL"),
domain location, and all Information and Content thereon.
"Site Use". The term "Site Use" means your use of
or access to the Site.
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Copyright (C) 2007 VantagePoint Security LLC. All rights reserved.
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