1. Agreement of Terms
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and Platops Security, LLC. ("Company", “we”, “us”, or “our”),
concerning your access to and use of the
https://platops.com
website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). We are registered in
Maryland, United States and have our registered office at 4701
Sangamore Road,, Suite 100N #2000, Bethesda, MD 20816. You agree
that by accessing the Site, you have read, understood, and agree to
be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL
OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING
THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Site from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use from time to time. We
will alert you about any changes by updating the “Last updated” date
of these Terms of Use, and you waive any right to receive specific
notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand
which Terms apply. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the Site after the
date such revised Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with
local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such laws, you may not
use this Site. You may not use the Site in a way that would violate
the GrammLeach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register for
the Site.
2. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws
and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws,
and international conventions. The Content and the Marks are
provided on the Site “AS IS” for your information and personal use
only. Except as expressly provided in these Terms of Use, no part of
the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print
a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use. We
reserve all rights not expressly granted to you in and to the Site,
the Content and the Marks.
3. User Representations
By using the Site, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current,
and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Terms
of Use; (4) you are not a minor in the jurisdiction in which you
reside; (5) you will not access the Site through automated or
non-human means, whether through a bot, script or otherwise; (6) you
will not use the Site for any illegal or unauthorized purpose; and
(7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Site (or any portion thereof).
4. User Registration
You may be required to register with the Site. You agree to keep
your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or
otherwise objectionable
5. Fees and Payment
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- PayPal
- Discover
- Bank Wire
- Check or Money Order
You may be required to purchase or pay a fee to access some of our
services. You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the
Site. You further agree to promptly update account and payment
information, including email address, payment method, and payment
card expiration date, so that we can complete your transactions and
contact you as needed. We bill you through an online billing account
for purchases made via the Site. Sales tax will be added to the
price of purchases as deemed required by us. We may change prices at
any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect
for your purchases, and you authorize us to charge your chosen
payment provider for any such amounts upon making your purchase. If
your purchase is subject to recurring charges, then you consent to
our charging your payment method on a recurring basis without
requiring your prior approval for each recurring charge, until you
notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment. We also
reserve the right to refuse any order placed through the Site.
6. Сancellation
We accept the following forms of payment:
All purchases are non-refundable. You can cancel your subscription
at any time by contacting us using the contact information provided
below. Your cancellation will take effect at the end of the current
paid term.
If you are unsatisfied with our services, please email us at
support@platops.com or call us at +1 (202) 864-1197.
7. Software
We may include software for use in connection with our services. If
such software is accompanied by an end user license agreement
(“EULA”), the terms of the EULA will govern your use of the
software. If such software is not accompanied by a EULA, then we
grant to you a non-exclusive, revocable, personal, and
non-transferable license to use such software solely in connection
with our services and in accordance with these Terms of Use. Any
Software and any related documentation is provided “as is” without
warranty of any kind, either express or implied, including, without
limitation, the implied warranties of merchantability, fitness for a
particular purpose, or non-infringement. You accept any and all risk
arising out of use or performance of any Software. You may not
reproduce or redistribute any software except in accordance with the
EULA or these Terms of Use.
8. Prohibited Activities
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
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Systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission
from us.
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Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
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Circumvent, disable, or otherwise interfere with security-related
features of the Site, including features that prevent or restrict
the use or copying of any Content or enforce limitations on the
use of the Site and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Site.
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Use any information obtained from the Site in order to harass,
abuse, or harm another person.
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Make improper use of our support services or submit false reports
of abuse or misconduct.
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Use the Site in a manner inconsistent with any applicable laws or
regulations.
- Engage in unauthorized framing of or linking to the Site
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Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or
maintenance of the Site.
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Engage in any automated use of the system, such as using scripts
to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
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Delete the copyright or other proprietary rights notice from any
Content.
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Attempt to impersonate another user or person or use the username
of another user.
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Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
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Interfere with, disrupt, or create an undue burden on the Site or
the networks or services connected to the Site.
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Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
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Attempt to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the Site.
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Copy or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
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Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Site.
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Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Site, or
using or launching any unauthorized script or other software.
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Use a buying agent or purchasing agent to make purchases on the
Site.
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Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false pretenses.
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Use the Site as part of any effort to compete with us or otherwise
use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.
9. User Generated Contributions
The Site does not offer users to submit or post content. We may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by
other users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated in accordance with the
Site Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
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The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party
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You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to
authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these
Terms of Use.
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You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to
use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Site and these
Terms of Use.
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Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
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Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
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Your Contributions do not ridicule, mock, disparage, intimidate,
or abuse anyone.
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Your Contributions are not used to harass or threaten (in the
legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
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Your Contributions do not violate any applicable law, regulation,
or rule.
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Your Contributions do not violate the privacy or publicity rights
of any third party.
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Your Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health or
well-being of minors.
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Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
-
Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Terms of Use, or any
applicable law or regulation.
Any use of the Site in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination or
suspension of your rights to use the Site.
10. Contribution License
You and the Site agree that we may access, store, process, and use
any information and personal data that you provide following the
terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any purpose
without compensation to you.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on
the Site. You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us
regarding your Contributions.
11. Mobile Application License
Use License
If you access the Site via a mobile application, then we grant you a
revocable, nonexclusive, non-transferable, limited right to install
and use the mobile application on wireless electronic devices owned
or controlled by you, and to access and use the mobile application
on such devices strictly in accordance with the terms and conditions
of this mobile application license contained in these Terms of Use.
You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of,
or decrypt the application; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the
application; (3) violate any applicable laws, rules, or regulations
in connection with your access or use of the application; (4)
remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of
the application; (5) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose for which it is
not designed or intended; (6) make the application available over a
network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the application for
creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the
application; (8) use the application to send automated queries to
any website or to send any unsolicited commercial e-mail; or (9) use
any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or
devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained
from either the Apple Store or Google Play (each an “App
Distributor”) to access the Site: (1) the license granted to you for
our mobile application is limited to a non-transferable license to
use the application on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in accordance with the
usage rules set forth in the applicable App Distributor’s terms of
service; (2) we are responsible for providing any maintenance and
support services with respect to the mobile application as specified
in the terms and conditions of this mobile application license
contained in these Terms of Use or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support
services with respect to the mobile application; (3) in the event of
any failure of the mobile application to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund
the purchase price, if any, paid for the mobile application, and to
the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to
the mobile application; (4) you represent and warrant that (i) you
are not located in a 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 (ii) you are not listed on any
U.S. government list of prohibited or restricted parties; (5) you
must comply with applicable third-party terms of agreement when
using the mobile application, e.g., if you have a VoIP application,
then you must not be in violation of their wireless data service
agreement when using the mobile application; and (6) you acknowledge
and agree that the App Distributors are third-party beneficiaries of
the terms and conditions in this mobile application license
contained in these Terms of Use, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to
enforce the terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party
beneficiary thereof
12. Social Media
As part of the functionality of the Site, you may link your account
with online accounts you have with third-party service providers
(each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the
Site; or (2) allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your
use of each Third-Party Account. You represent and warrant that you
are entitled to disclose your Third-Party Account login information
to us and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party Account, and without obligating us
to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you
understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so that it is
available on and through the Site via your account, including
without limitation any friend lists and (2) we may submit to and
receive from your Third-Party Account additional information to the
extent you are notified when you link your account with the
Third-Party Account. Depending on the Third-Party Accounts you
choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you
post to your Third-Party Accounts may be available on and through
your account on the Site. Please note that if a Third-Party Account
or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available on
and through the Site. You will have the ability to disable the
connection between your account on the Site and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with a
Third-Party Account and your contacts list stored on your mobile
device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the
Site. You can deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact information
below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username and
profile picture that become associated with your account.
13. Submissions
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
14. Third-party Websites And Content
The Site may contain (or you may be sent via the Site) links to
other websites ("ThirdParty Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness,
or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Site or any Third-Party
Content posted on, available through, or installed from the Site,
including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content. Inclusion of,
linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and
access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these
Terms of Use no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or relating to
any applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and
you shall hold us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us harmless
from any losses sustained by you or harm caused to you relating to
or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
15. U.s. Government Rights
Our services are “commercial items” as defined in Federal
Acquisition Regulation (“FAR”) 2.101. If our services are acquired
by or on behalf of any agency not within the Department of Defense
(“DOD”), our services are subject to the terms of these Terms of Use
in accordance with FAR 12.212 (for computer software) and FAR 12.211
(for technical data). If our services are acquired by or on behalf
of any agency within the Department of Defense, our services are
subject to the terms of these Terms of Use in accordance with
Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In
addition, DFARS 252.227‑7015 applies to technical data acquired by
the DOD. This U.S. Government Rights clause is in lieu of, and
supersedes, any other FAR, DFARS, or other clause or provision that
addresses government rights in computer software or technical data
under these Terms of Use.
16. Site Management
We reserve the right, but not the obligation, to: (1) monitor the
Site for violations of these Terms of Use; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of
the Site.
17. Privacy Policy
We care about data privacy and security. Please review our Privacy
Policy:
https://platops.com/privacy-policy.
By using the Site, you agree to be bound by our Privacy Policy,
which is incorporated into1 these Terms of Use. Please be advised
the Site is hosted in the United States. If you access the Site from
any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ
from applicable laws in the United States, then through your
continued use of the Site, you are transferring your data to the
United States, and you agree to have your data transferred to and
processed in the United States.
18. Term And Termination
These Terms of Use shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
19. Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site during any downtime or
discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection
therewith.
20. Governing Law
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the State of Maryland
applicable to agreements made and to be entirely performed within
the State of Maryland, without regard to its conflict of law
principles.
21. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each "Dispute"
and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the
Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA")
and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website
www.adr.org. Your
arbitration fees and your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where appropriate, limited
by the AAA Consumer Rules. The arbitration may be conducted in
person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide
a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be
challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the
arbitration will take place in Montgomery, Maryland. Except as
otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by
the arbitrator
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in Montgomery, Maryland, and the
Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to
venue and jurisdiction in such state and federal courts. Application
of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act
(UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any
way to the Site be commenced more than one (1) years after the cause
of action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations and binding
arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations
of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
22. Corrections
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior
notice.
23. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
24. Limitations Of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN
US STATE LAWS AND INTERNATIONAL 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 ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
25. Indemnification
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of: (1)
use of the Site; (2) breach of these Terms of Use; (3) any breach of
your representations and warranties set forth in these Terms of Use;
(4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful
act toward any other user of the Site with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming
aware of it.
26. User Data
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability
to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or
corruption of such data.
27. Electronic Communications, Transactions, And Signatures
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
28. California Users And Residents
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
29. Miscellaneous
These Terms of Use and any policies or operating rules posted by us
on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
30. Contact Us
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact us at:
- PlatOps Security, LLC.
- 4701 Sangamore Road,
- Suite 100N #2000
- Bethesda, MD 20816
- United States
- Phone: +1 (202) 864-1197
- Fax: +1 (202) 864-1197
-
Email:
support@platops.com