The following are terms and conditions (the “Terms of Service”) INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 13, of a legal agreement between you and ERMProtect, a Florida corporation, and its subsidiaries and affiliates (collectively, “ERMProtect”, “we”, “our”, or “us”). By accessing, browsing, and/or using this web site at https://ermprotect.com (the “Site”), or signing onto our newsletter, you acknowledge that you have read, understood, and agree to comply with and be bound by the Terms of Service and to comply with all applicable laws and regulations.
1. Description of the Services
ERMProtect is a worldwide leader in cybersecurity solutions and forensics. We identify IT vulnerabilities, secure systems and train employees to recognize when they are being targeted by hackers. You may access our services through our websites and domains, including www.ermprotect.com and www.erm.bridgeapp.com, and all subdomains, webpages, and country level domain variants, as well as by subscribing to our email newsletter. We refer to all of these as our “Services.”
YOU AGREE THAT BY USING OUR SITE AND SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
2. Acceptable Use of the Services
In connection with your access and/or use of the Services, you shall not: (a) engage in any activity that could damage, disable, impair, interrupt, or interfere with the Services, including networks and servers connected to the Services; (b) consume a commercially disproportionate amount of bandwidth, CPU usage, memory storage space, or any other network or system resource, including any limits set by us on maximum concurrent usage of the Services; (c) introduce a virus, worm, trojan horse, or any other malicious or harmful software code, data, or file that may damage, interfere with, intercept or expropriate any system, data, personal information or property of us or another user of the Services; (d) attempt to gain unauthorized access to accounts not owned by you, or to any connected network or servers to the Services through hacking, phishing, or other means; (e) use the Services on a service bureau or shared basis; (f) host the Services to be accessible by third parties; (g) sell, lease, or rent access to or use of the Services or otherwise transfer any rights to use the Services under this Agreement; (f) utilize the Services in connection with any activity that would constitute a violation of any applicable law, regulation, or ordinance; (g) obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Services; (h) defame, defraud, abuse, harass, stalk, threaten, or otherwise violate any legal rights (such as rights of privacy and publicity) of others; (i) use or transmit anything protected by intellectual property laws, unless you own or control the rights thereto or have received the necessary consent to do the same; (j) utilize “software robots,” “spiders,” “web crawlers,” or utilize computer programs that recursively query the Site over the Internet without prior written permission from us.
You acknowledge that you are solely responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
3. Intellectual Property
We retain ownership and control of all intellectual property inherent in, associated with, or related to the Services, including, but not limited to, copyrights, patent rights, trademarks, trade dress, or service mark rights, whether registered or unregistered, arising under Federal, State, or Common-Law, as well as confidential or commercially sensitive information, such as trade-secrets. Our intellectual property includes content included on or comprising the Site and Services, including but not limited to information, data, software, photographs, graphs, videos, books, quizzes, typefaces, graphics, music, sounds and other material. All Materials are the exclusive and proprietary property of ERMProtect and/or its third-party licensors. ALL RIGHTS RESERVED.
You shall not use EERMPROTECT service or product names, logos, or trademarks, unless first expressly authorized to do so by us in writing.
4. Third Party Links
The Site may contain clickable links to third-party websites. Your correspondence and business dealings with third parties found on, or through, the Site or Services are solely between you and the third parties. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of clicking on a third-party link on our Site. A link to a third-party website on our Site does not imply endorsement of the third-party website or anything contained thereon.
5. Your Account
6. Payments and Purchases
We, in our sole discretion, may cancel or put a hold on your purchase(s) for any reason, such as but not limited to suspected fraudulent purchases. If this occurs, we will notify you by email.
7. Terms and Termination
The term of this Agreement will continue upon your acceptance of this Terms of Service and will continue in effect until terminated. We reserve the right to terminate this Agreement at any time with or without written notice to you. If we become aware of any possible violations by you in your use of the Services, or any other provision of this Agreement, we reserve the right to investigate such violations, and may, at our sole discretion, terminate or suspend your use of the Services without prior notice to you.
You may terminate your access to our newsletter by unsubscribing via our automated unsubscribe system.
All provisions of this Agreement that by their nature should survive termination of this Agreement shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, choices of law and forum, and intellectual property protections).
9. Statements on Site and newsletter
The documents contained on (or directly accessible from) this Site and newsletter may contain a number of forward-looking statements. Any statements that are not statements of historical fact (including, without limitation, statements to the effect that ERMProtect or its management “believes,” “expects,” “anticipates,” “plans” and other similar expressions) should be considered forward-looking statements and should not be relied upon.
There are a number of important factors that could cause ERMProtect’s actual results to differ materially from those indicated by such forward-looking statements, including general economic conditions, our continued ability to develop and introduce products, the introduction of new products by competitors, pricing practices of competitors, expansion of its sales distribution capability, the cost and availability of components, undetected software errors or bugs, our ability to control costs and other risk factors.
10. Changes to Services and Agreement
We expressly reserve the right to, at any time and from time to time, modify, suspend, or discontinue the Services or any parts thereof at our sole discretion.
We expressly reserve the right to make changes to this Agreement, at any time and from time to time, as the Services change. Your continued use of the Services after a change to this Agreement constitutes your acceptance of the changes to this Agreement. If you do not agree to be bound by this Agreement, as modified, you must terminate your use of the Services immediately. It is your responsibility to review, from time to time, the most current version of this Agreement, which will be available at https://ermprotect.com/tos and www.ermprotect.com/privacy, so that you will be apprised of any changes.
11. No Warranty
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THE SITE AND ANY MATERIALS, DATA OR INFORMATION CONTAINED ON THE SITE, OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US SHALL CREATE A WARRANTY.
12. Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE SITE OR SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES”, “WORMS”, “BUGS”, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED IN AGGREGATE THE LESSER OF $5 OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You hereby agree to indemnify, hold harmless, and defend us, our affiliates, directors, officers, employees and agents from and against any and all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorneys’ fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings which arise or result from your use of the Site and/or the Services. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against us and in no event shall you settle any such claim without our prior written approval.
We provide a service and would be unable to function if we were held responsible for the actions or inactions of our subscribers or other users of the Services we provide. Therefore, as inducement for us permitting you access to use the Services, you hereby agree to release us, our affiliates and subsidiaries, and each of its and their respective directors, officers, employees, and agents from all damages (whether direct, indirect, consequential, incidental, or other damages), losses, liabilities, costs and expenses of every kind and nature, known or known, arising out of or connected with disputes between you and third parties in connection with the Services.
15. Binding Arbitration and Choice of Law
This Agreement, including binding arbitration, will be governed by the law of the State of Florida, without regard to the conflict of laws principles thereof.
If any dispute, controversy, or claims cannot be resolved in arbitration between the parties, then it shall be submitted for resolution to a court of competent jurisdiction in Miami-Dade County, Florida, and the Federal Courts in and for the Southern District of Florida, and the parties hereby submit that exclusive venue shall lie with such courts, and the parties hereby irrevocably submit to the jurisdiction and venue of such courts.
16. Entire Agreement
This Agreement sets forth the entire agreement between you and us regarding the use of the Services. You agree that there are no representations or obligations regarding your use of the Services other than those reflected in this Agreement, and that you are not relying on any representations or obligations regarding your use other than those reflected in this Agreement.
If any provision of this Agreement is held illegal or unenforceable in any proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain in full force and effect.
18. Force Majeure
Any failure or delay in performance by either party shall be excused if and to the extent caused by an Act of God (fire, flood, earthquake, storm, hurricane or other natural disaster), war or civil disorder, invasion, act of foreign enemies, hostilities, terrorism, government actions, lockout or interruption or failure of electricity of network service, or other cause beyond the reasonable control of the parties.
19. Consent to Data Usage
20. Contacting us