1.1 — Secure Planet operates an internet web site (the "Secure Planet web site") in order to provide information about Secure Planet to any person accessing the Secure Planet web site (each such person a "Subscriber"). This Service Agreement ("Agreement") sets forth the terms and conditions governing Subscriber’s access to the Secure Planet web site.
1.2 — By using the Secure Planet web site, Subscriber agrees to comply with each of the terms and conditions of this Agreement. Any rights the Subscriber has under this Agreement are personal to Subscriber and are not transferable to any other person or entity.
1.3 — Secure Planet shall have the right at any time to change or discontinue any aspect or feature of the Secure Planet web site, or to restrict Subscriber’s access to parts or all of the Secure Planet web site without notice.
1.4 — Secure Planet shall have the right at any time to modify the terms and conditions applicable to Subscriber’s use of the Secure Planet web site, or any part thereof, or to impose new conditions. Such modifications shall be effective immediately upon posting an amended version of this Agreement, which will supersede any previous versions thereof. Any use of the Secure Planet web site by Subscriber after any such posting shall be deemed to constitute acceptance by Subscriber of such modifications.
2.0 Subscriber Conduct
2.1 — Subscriber shall use the Secure Planet web site for lawful purposes only. Any conduct by a Subscriber that in Secure Planet’s discretion is improper will not be permitted and may result in termination of Subscriber’s access to the Secure Planet web site.
2.2 — The Secure Planet web site contains material protected under U.S. and international copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content of the Secure Planet web site, in whole or in part, without the express written consent of Secure Planet.
2.3 — Notwithstanding the provisions of Section 2.2, Subscriber may download a single copy of such copyrighted material solely for Subscriber’s personal, non-commercial use. Subscriber agrees not to modify or remove any author attribution, trademark legend, or copyright notice on such downloaded material. Subscriber further agrees with respect to such downloaded material that no copying, redistribution, retransmission, publication, or commercial exploitation will be permitted without the express written consent of Secure Planet. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
2.4 — No Right to Use Trademarks. The trademarks, service marks, and logos of Secure Planet used and displayed on this website are its registered and unregistered trademarks. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our written permission.
3.1 — The Secure Planet web site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Subscriber hereby acknowledges that use of the Secure Planet web site is at Subscriber’s sole risk.
3.2 — In no event will Secure Planet, or any person or entity involved in creating, producing, or distributing the content on the Secure Planet web site, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the Secure Planet web site. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on the Secure Planet web site.
3.3 — Nothing on the Secure Planet web site is intended to constitute legal, accounting, tax, investment, consulting, or other professional advice or services.
3.4 — Certain links on the Secure Planet web site may lead to resources maintained by third parties over whom Secure Planet has no control. Secure Planet makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.
3.5 — Information Transmitted is Not Confidential. Secure Planet does not want to receive confidential information from you through its website. If you transmit to or post on our website any information by any means, then it will be treated as non-confidential and may be disseminated or used by us for any purpose. You shall not post on or transmit to or from our website any defamatory, threatening, inflammatory, obscene, pornographic, or profane material, or any other content that might give rise to any civil or criminal liability under the law.
3.6 — Third Party Benefit. Some of the provisions of this agreement are for the benefit of Secure Planet and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities may enforce those provisions directly against you on its own behalf.
4.1 — Subscriber agrees to defend, indemnify, and hold harmless Secure Planet, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of Subscriber’s use of the Secure Planet web site.
5.1 — This Agreement constitutes the entire agreement of Secure Planet and Subscriber with respect to the subject matter hereof, and supersedes all previous written or oral agreements between Secure Planet and Subscriber with respect to such subject matter.
5.2 — Governing Law, Forum. The laws of Virginia, without giving effect to principles of conflict of laws, govern all matters arising under this agreement, including all tort claims. The parties hereby consent to the jurisdiction of the federal and state courts located in Virginia. Any action under this agreement must be brought in the federal or state court in Virginia with appropriate jurisdiction over the subject matter of the action. THE PARTIES HEREBY WAIVE TRIAL BY JURY IN CONNECTION WITH ANY ACTION ARISING UNDER THIS AGREEMENT, INCLUDING ALL TORT CLAIMS.
5.3 — If any provision in this Agreement is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
5.4 — No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
5.5 — Obey Local Laws. Secure Planet controls this website from its offices in the United States of America. We make no representation that content or materials in this website are appropriate or available for use in other jurisdictions. Access to our website from jurisdictions where such access is illegal is prohibited. If you access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. You may not use or export the content on this site in violation of U.S. export laws and regulations.