1.2. Changes to Terms. These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
1.3. Changes to Websites. We may change or discontinue any aspect, service or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.
1.5 User Conduct Guidelines. The following terms apply to your conduct when accessing or using the Websites: (a) you agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites; (b) you agree not to reproduce, duplicate, copy, reverse engineer, hack, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, the Secure Privacy or any Secure Privacy employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites or posting private information about a third party.
1.6. Intellectual Property Rights. All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
Except with our express written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, reverse engineer, hack, create derivative works of, re-publish or transmit the Websites or Content (in whole or in part) in any way or through any medium for distribution, publication or for any commercial purpose.
You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.
By accepting these Terms, you grant Secure Privacy the right to display your name and logo on our customer lists and on our website.
1.7. Disclaimer of Warranty; Limitation of Liability.
(a) You expressly agree that the use of the websites is at your sole discretion and risk. Secure Privacy, its other affiliates nor any of their respective employees, partners, third-party content providers, third-party service providers or licensors do not warrant that your use of the websites will be uninterrupted or error-free; nor do we give you any warranty, express or implied, as to the results that may be obtained from use of the websites, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the websites.
(b) The websites are 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, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms.
(c) To the fullest extent permissible by applicable law, in no event shall the Secure Privacy, or its future parent or affiliated companies, be liable to you for any property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the websites or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the websites, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the websites. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if Secure Privacy or future parent or affiliated companies have been advised of the possibility of such loss or damage. Without prejudice to the foregoing, you also specifically acknowledge that the secure privacy or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the websites or any other third parties. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
1.8. No Legal Advice. You expressly acknowledge and agree that any information or materials, written, visual or oral, provided by Secure Privacy to you do not constitute legal advice and that such information and materials are provided for general information purposes only. You must not rely on such information and materials without obtaining proper legal advice from qualified lawyers or attorneys in your jurisdiction.
1.9. Indemnification. You agree to defend, indemnify and hold harmless Secure Privacy, its affiliates and their respective directors, officers, employees and partners from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites by you. Secure Privacy reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Secure Privacy with such cooperation as is reasonably requested by Secure Privacy.
1.10. Termination. We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Websites in the event of any conduct by you that we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 1.8. and 1.9 shall survive the termination of these Terms.
Please report any violations of these Terms to Secure Privacy.
1.12. Copyrights. We respect others’ intellectual property rights, and expect our users and customers to do the same. If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please contact Secure Privacy. We reserve the right to terminate access to the Websites for users or customers who post material that infringes on the intellectual property rights of others.
1.13. Links to Third-Party Websites. Links to other websites may be included on the Websites. Unless expressly stated, these websites are not under our control. We neither assume nor accept responsibility or liability for the content of third party websites. The inclusion of a link to another website on the Websites is for information only and does not imply any endorsement of these websites themselves or of those in control of them. We strongly recommend you to read carefully the terms and conditions and privacy policies, as well as cookie policies of any third-party websites or services that you visit.
1.15. Miscellaneous. These Terms and any operating rules for the Websites established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of the Secure Privacy, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. 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. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.