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Effective September 7, 2017
Digita Security LLC, a Delaware limited liability company (“Digita”), has developed these Terms of Service (the “Terms”) to describe for you, as an individual who is a visitor or user of a website or web presence owned or operated by Digita (collectively, the “Service”), the terms and conditions applicable to your use of the Service. By using the Service in any way, you accept these Terms, which form a binding agreement between you and Digita.
If you disagree with any part of the Terms then you are not authorized to access the Service.
If you wish to purchase a product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, your shipping address, and your email. The storage, use and security of this information is governed by our Privacy Policy.
You represent and warrant that (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and (ii) the information you supply to us is true, correct and complete.
The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order if fraud on an unauthorized or illegal transaction is suspected.
All sales are transacted in United States dollars.
When you create an account with us you provide certain personal information such as your name and email address. Digita does not screen its members nor does it investigate whether the information provided is accurate and truthful and thus does not warrant or guarantee its accuracy and hereby disclaims all responsibility or liability for any information provided by members. When you create an account, you represent that you are 18 years of age or older and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in an immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders for any reason at our sole discretion.
You agree not to do, or attempt to do, any of the following when using the Service, subject to applicable law: (a) access or use the Service in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (b) access, tamper with, or use services or areas of the Service that you are not authorized to access; © alter information on or obtained from the Service; (d) tamper with postings, registration information, profiles, submissions, Digita Content or User Generated Content (as defined herein); (e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses or images, available from the Service in a way that interferes with or is inconsistent with the intended operation of the Service, as determined by us in our sole discretion, or transmit any unsolicited commercial email, advertising, “junk mail,” “spam,” or “chain letters” to or from the Service; (f) frame any part of the Service, or deceptively link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose except as expressly permitted in writing by us, as determined in our sole discretion; (g) impersonate or misrepresent your identity or your affiliation with any person or entity; (h) attempt to bypass or circumvent measures employed to prevent or limit access to any area, content or code of or on the Service; (i) send to or otherwise direct to or from the Service, or operate on it, harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient (collectively, “Malware”) (except to the extent that any of the foregoing is sent to Digita in connection with the provision of cybersecurity services by Digita); (j) take any action which might impose a significant burden (as determined by us in our sole discretion) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service; or (k) engage in phishing or other deceptive practices for the purpose of collecting usernames or passwords.
The Service may allow you and other users to (i) add content to the Service such as comments, reviews, and images which might include personally identifiable information or (ii) provide Digita with Malware in connection with the provision of cybersecurity services by Digita (collectively, “User Generated Content”). User Generated Content that you submit, upload or otherwise make available to the Service will be stored, used and maintained in accordance with our Privacy Policy. You acknowledge and agree that some types of User Generated Content such as comments and reviews may be viewed by the public and therefore you have no expectation of privacy with regard to any such submission or posting. You may not submit or upload any User Generated Content to the Service that we, at our sole discretion, deem to be illegal, infringing, false, defamatory, hateful, obscene or otherwise offensive or harmful, whether or not the material is protected by law. While not obligated, we have the right to monitor, remove or modify any User Generated Content at any time for and any reason, including no reason, without prior notice to you. You represent and warrant that the User Generated Content you submit or upload complies with these Terms and that you (i) have the necessary rights and permissions to submit the Content and provide us with the licenses herein, (ii) expect no compensation for the use of the Content, (iii) authorize us to use and exploit the Content in any way we choose, consistent with these Terms and (iv) agree to indemnify and hold us and our affiliates harmless from any liability, claims or expenses arising out of the use or exploitation of the Content. Any opinions or views expressed through User Generated Content on the Service shall not state or reflect the opinions and views of Digita or its affiliates nor should the Content be attributed to or otherwise endorsed by Digita or its affiliates. We do not claim ownership of User Generated Content. However, you hereby grant us perpetual, fully paid-up, royalty-free, irrevocable, non-exclusive, transferable worldwide right and license to use, exploit, publicly exhibit, promote (such as for advertising purposes), copy, reproduce, modify, adapt and create derivative works, in whole or in part, of any User Generated Content without the requirement of permission from or payment to you or any other person or entity.
The Service and its original content, features and functionality are and will remain the exclusive property of Digita and its licensors. We grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Digita has in the content displayed on the Service, including any message, data, information, text, music, sound, photos, videos, trademarks, trade names, graphics, code or any other material (the “Digita Content”), to privately display such Digita Content on your computer for your own personal, noncommercial purposes. We reserve all other rights in the Digita Content, on our own behalf and the behalf of our licensors, and we do not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of the Services, any User Generated Content (other than your own) or any Digita Content without our prior written consent.
Digita respects the copyright and other intellectual property rights of others. We may remove content from our web site that appears to infringe on the copyright or intellectual property rights of others. We may terminate the account of any user who may appear to infringe on the copyright or intellectual property rights of others.
Digita complies with the Digital Millennium Copyright Act. If you believe that content available through our Service infringes on your copyright, you may submit a notification via email at info@digitasecurity.com. You may be held liable for damages and attorney’s fees if you make material misrepresentations in the notification. Therefore, if you are unsure whether content on our Service infringes on your copyright or not, you should contact an attorney. We will respond expeditiously to copyright infringement notifications and act accordingly which may include the removal of the content that is claimed to be infringing and the termination of the accounts of users who repeatedly infringe.
Our Service may contain links to third party web sites or services that are not owned or controlled by Digita. Digita has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Digita is not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Digita and its affiliates and licensors, and their managers, members, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password or (ii) a breach of these Terms.
In no event shall Digita, nor its managers, members, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service, (ii) any conduct or content of any third party on the Service, (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Digita, its subsidiaries, affiliates and its licensors do not warrant that (i) the Service will function uninterrupted, secure or available at any particular time or location, (ii) any errors or defects will be corrected, (iii) the Service is free of Malware or other harmful components or (iv) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Service is operated by a U.S. entity and these Terms are governed by the laws of the State of Delaware, USA. You agree that all claims you may have against Digita arising from or relating to the Service or the Terms must be heard and resolved exclusively in the State Courts of New Castle County, Delaware or the U.S. District Court for the District of Delaware, and you consent to the exclusive personal and subject matter jurisdiction of such courts.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us by email at info@digitasecurity.com.