WEBSITE TERMS OF SERVICE
ARMS CYBER DEFENSE, INC
Last Revised: May 18th, 2023 (“Effective Date”)
INITIAL TERMS
Welcome to the ARMS Cyber Defense, Inc website (“www.armscyber.com”, alternatively, the “Site”).ARMS Cyber Defense, Inc (collectively “the Company”, “we”, “our” or “us”) provides this Site for your personal use. As used throughout these Website Terms of Service (“Terms of Service”), the term “Services” means the provision of all actions, transactions, sales, communications, and related functions associated with the Site.
Please read these Terms of Service carefully because they govern your use of the Site and the Services provided through the Site. For purposes of these Terms of Service, the term “User” includes anyone who is a paid user of the Site and Services, as well as any non-subscribing users of the Site and Services.
To use the Services, you must agree to be bound by all of the terms and conditions contained in these
Terms of Service. By clicking the “AGREE” box at the conclusion of these Terms of Service, you are indicating that you agree to be bound by all such terms and conditions. If you do not agree to some or all of these terms and conditions, you are not authorized to access or use the Site or the Services and should not use the Site or the Services. If you do not agree to these Terms of Service, please leave this Site.
THESE TERMS OF SERVICE REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASISTO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND INCLUDE A CLASS ACTIONWAIVER. THESE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TOYOU IN THE EVENT OF A DISPUTE.
THIRD PARTY WEBSITES AND CONTENT
Our Site may provide access to outside content. Additionally, the Site may integrate third party applications, products, or services that may subsequently gain access to your data. These third party applications, products, and services are not affiliated with the Company and, as such, may have different policies regarding the handling personally identifying information (“PII”). Your use of these third party applications, products, and services is subject to the terms and conditions and privacy practices / policies maintained by such applications, products, and services. We make no representations or warranties with respect to third party applications, products, or services, or how they operate, including operations involving the privacy, security, exchange, and transmission of your data. We advise you to review the terms and conditions and policies / practices for all third-party applications, products, and services with which you engage. We do not endorse, or hold any responsibility for, the information, practices, and policies they hold.
As our Company is distinct from any third party websites with whom we partner for the Services, or to which we otherwise link to through our Site, you acknowledge and agree that we are not responsible for the quality, integrity, safety, accuracy, availability, reliability, or legality of such third party websites, or resources contained therein, and that we are not responsible or liable for any content, products, or other material available from such third party websites. Further, you acknowledge that our Company shall not be responsible or liable, directly or indirectly, for any damage, harm, injury, or loss of any kind caused or alleged to be caused by or in connection with the use of or reliance upon any content, material, or services available through any third party websites.
PAYMENT
By agreeing to these Terms of Service, you agree that you have reviewed and understand, acknowledge and/or certify as true each of the terms below:
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing the Company with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required.
We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Service.
• General Fees. Payments for Services rendered will be charged to the payment method you provide to us (“Payment Method”) under the account you have established with us (your “Billing Account”). You agree to pay the Company all charges due at the prices then in effect for any Services rendered to you. You authorize the Company, or a third party billing partner, to charge you through your Payment Method for these Services. We reserve the right to correct any errors or mistakes made by any parties after payments have been requested or received. You may terminate your authorization for your Payment Method at any time by contacting the Company at team@armscyber.com or by contacting the billing provider directly. Such notice will not affect any charges submitted to you for Services performed prior to the termination. We ask that you keep your billing information current and complete and update any information within seventy two (72) hours of a change. Please notify the Company should your Payment Method be canceled or suspended for any reason.
• Fraudulent Billing. Should you become aware of a potential breach of security for your Billing Account, such as unauthorized disclosure or use of your user name and/or password, please change your password to your account immediately through your account settings. Unless you immediately notify the Company of any such concern, you agree that the Company may continue billing your Billing Account for any use of the Service under your Billing Account, unless you otherwise terminate the authorization for the Billing Method as described above.
• Payment Method. If we do not receive full payment from the third party payment manager who manages your payment method (“Payment Method Provider”), you agree to pay all amounts due on your Billing Account when requested within sixty (60) days. Any terms imposed separately by your Payment Method Provider are independent of these Terms of Service.
PRIVACY AND SECURITY
We are required to comply with federal, state, and international guidelines regarding data storage and use. Nothing in this Agreement shall be construed to grant us any rights in your data beyond those expressly provided herein. You grant us the limited, non-exclusive, worldwide right to view and use your data solely for the purpose of providing and improving the Services.
USER ACCOUNTS
To access our Services, you must create a User Account and agree to provide us with the most accurate, complete, and up-to-date information. You also agree to continually update such information as needed to maintain its accuracy. When you register for a User Account through us, you will be required to provide some of your PII. Details of our use of your PII can be found in our Privacy Policy and our Terms of Use.
To create a User Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register for a User Account or use our Services. By agreeing to these Terms of Service, you certify that the information you provide under your User Account, at all times, and any information you upload to your User Account, is true, accurate, current, and complete, to the best of your knowledge. You may not share or transfer your User Account or create more than one User Account. You are solely responsible for ensuring:
(i) maintaining the confidentiality of your User Account password and you are fully responsible for all activities that occur under your User Account,
(ii)you exit your User Account completely and log off at the end of each session,
(iii) that only appropriate Authorized Users have access to the Services,
(iv) that such Authorized Users have been trained in proper use of the Services, and
(v) proper usage of passwords, tokens, and access procedures with respect to logging into the Services.
We reserve the right to refuse registration of, or to cancel, login IDs that we reasonably believe to violate the terms and conditions set forth in this Agreement, in which case we will promptly inform you in writing of such refusal or cancellation. Please use caution when accessing your User Account from public or shared computers. You agree to notify the Company immediately of any unauthorized use of your User Account or any breach in its security. We will not be held liable for any loss or damage arising from your failure to comply with the above. In addition to the rights set forth in this Agreement, we may suspend your access and use of the Services if there is an unusual and material spike or increase in your use of the Services and we reasonably suspect or knows that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the Services. We will provide notice prior to such suspension if permitted by applicable law or unless we reasonably believe that providing such notice poses a risk to the security of the Services. We will promptly reinstate Customer’s access and use once the issue has been resolved.
SUPPORT
As part of its provision of the Services, we will make available technical support to you in accordance with our then applicable support terms.
USE OF THE SERVICE BY MINORS
By using the Site and the Services, you affirm that you are of legal age to enter into this Agreement. If you are the parent or legal guardian of a Minor and believe that such individual has used the Site and/or the Services without your consent or authorization, please contact us at team@armscyber.com.
ACCESS RIGHTS
We hereby grant to you a limited, non-exclusive, non-transferable right to access the Site and the Services solely for your personal non-commercial use and only as permitted under these Terms of Service and any separate agreements you may have entered into with us (“Access Rights”).We reserve the right, in our sole discretion, to deny or suspend use of the Site and the Services to any one for any reason. You agree that you will not, and that you will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or the Services to violate any local, state, national, or international law; (c) reverse-engineer, disassemble, decompile, or translate any software or other components that the Site or the Services utilize, including third party platforms; (d) distribute viruses or other harmful computer code through the Site or that of our third party partners; or (e) otherwise use the Site or the Services in any manner that exceeds the scope of use granted above. We strongly recommend that you do not use the Site or the Services on public or shared computers. We also recommend that you do not store your User Account password through your web browser or other software.
TERMINATION
You may deactivate your User Account and end your registration at any time, for any reason by sending an email to team@armscyber.com. The Company may suspend or terminate your use of the Site and Services, your User Account, and/or your registration for any reason at any time. Subject to applicable law, we reserve the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide you Services, except to the extent we are obligated to provide you access to account records.
RELATIONSHIP OF PARTIES
Nothing in this Agreement will be construed to imply a joint venture, partnership or principal-agent relationship between us and you, and neither Party will have the right, power, or authority to obligate or bind the other in any manner whatsoever, other than the terms of this Agreement and its related policies.
If you are an agency or contractor of the United States Government, you acknowledge and agree that:
(i)the Services (including any software forming a part thereof) were developed entirely at private expense;
(ii) the Services (including any software forming a part thereof) in all respects constitute proprietary data belonging solely to us;
(iii) the Services (including any software forming a part thereof) are not in the public domain; and
(iv) the software forming a part of the Services is “Commercial Computer Software” as defined in sub-paragraph (a)(1) of DFAR section 252.227-7014 or FAR Part 12.212.
You shall provide no rights in the Software (including any software forming a part thereof) to any U.S. Government agency or any other party except as expressly provided in this Agreement.
RIGHT TO MODIFY
We may, at our sole discretion, change, add, or delete portions of these Terms of Service at any time. Any modifications will be communicated to our users in writing and provided to users by email at the email address they have provided, and by posting to the Site. Continued use of the Site and the Services following notice of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms of Service, inclusive of such changes.
DISCLAIMER OF WARRANTIESYOU EXPRESSLY AGREE THAT USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSOR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, ANDS YSTEM INTEGRATION.
The Company is not responsible for any inaccurate or incorrect content posted on the Site or relayed through the Services provided. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any Communication caused by the user, the Company, or a third party. The Company is not responsible for any problems or technical malfunctions of network or phonelines, computer equipment or systems, servers, providers, software, email providers, or internet traffic, including injury or damage to you or any other person's computer related to or resulting from using our Site or the Services. Under no circumstances will the Company or any of its affiliates or third parties be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, or any content posted on or transmitted from the Site or relayed through the Services provided. The Company does not guarantee or promise any specific results from your use of the Site or the Services. General advice posted to the Site or relayed through the Services provided is for informational purposes only.
The Site is intended for use within the United States. Those choosing to access the Site outside of the U.S. are responsible for compliance with all local laws, including those (like the California Consumer Privacy Act) may apply to content on the Site which may be prohibited locally.
LIMITATIONS ON LIABILITYTO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY OF ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,SPECIAL, ACTUAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY, OR DEATH OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE SERVICES,REGARDLESS OF WHETHER SUCH DAMAGES ARE UNDER THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU ARISING FROM THESE TERMS, THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF$100.00 USD OR THE AMOUNT PAID BY YOU TO THE COMPANY FOR ACCESS TO AND USE OF THE SITE AND/OR THE SERVICES. YOU RELEASE THE COMPANY AND HOLD IT AND ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER, SUPPLIERS, AND PROVIDERS, AND ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE WEBSITE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
To the extent the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. The failure of our Company to enforce any right or provision of these Terms of Service does not constitute a waiver of future enforcement of any right or provision. If, for any reason, a court of competent jurisdiction or an arbitrator finds any portion of a provision of these Terms of Service unenforceable or invalid, that provision will otherwise be enforced to the maximum extent permissible. All other provisions of these Terms of Service will remain in full force and effect.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY, ITS THIRD PARTYTECHNOLOGY PLATFORM PROVIDER, AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS,AGENTS, AND OTHER THIRD PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANYAND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, ANDCONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE SITE AND THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.GEOGRAPHICAL RESTRICTIONS
The Company makes no representation that all products, services and/or material described on its Site, or the Services available through the Site, are appropriate, legal, or available for use in locations outside the United States or in all territories within the United States.
DISCLOSURES
You can report a complaint relating to any Services provided by contacting the Company directly at team@armscyber.com
DISPUTE RESOLUTION
Except as otherwise set forth in these Terms of Service, you hereby agree to resolve any and all controversies, claims, and/or disputes (each, a “Dispute”) arising as a result of your use of the Site or the Services, solely pursuant to the terms of the section below.
• Management Resolution. Disputes shall first be referred to each party or their authorized representatives for discussion and resolution (“Management Resolution”).
• Arbitration. Should Management Resolution fail to resolve the Dispute, then you agree that the Dispute shall be resolved by final, binding arbitration (“Arbitration”) administered by the American Arbitration Association (“AAA”) under the AAA’s Commercial Arbitration Rules. Under any event of Arbitration, including but not limited to any action to compel, enforce award of Arbitration or seek injunctive relief pursuant to these Terms of Service, the prevailing party shall be entitled to an award of their reasonable attorney's fees and costs for such proceeding, including any related trial or levels of appeal.
• Governing Law. This agreement is governed by the laws of the State of Delaware. For any action to compel Arbitration, enforce an Arbitration award or seek injunctive relief pursuant to these Terms of Service, the parties consent to the venue of Delaware, United States, and each party expressly waives any objection to jurisdiction and venue in such courts.
• Injunctive Relief. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
CONFIDENTIALITY
Neither party shall disclose the terms and conditions of this Agreement or the pricing contained herein to any third party, except as may be required by law, regulation, or other governmental authority, and except that each party may disclose such information to its attorneys, accountants, and business advisors who are obligated to keep such information confidential. Neither party shall use the name of the other party in publicity, advertising, or similar activity, without the prior written consent of the other.
AGREEMENT TO SERVICE
You understand that by checking the “AGREE” box for these Terms of Service and/or any other forms presented to you on our Site you are agreeing to these Terms of Service, as well as the Site's Terms of Use, and that such action constitutes a legal signature.
I ACKNOWLEDGE THAT ALL MY QUESTIONS HAVE BEEN ANSWERED TO MYSATISFACTION.I ACKNOWLEDGE THAT I HAVE READ THESE TERMS OF SERVICE AND THAT I AGREE TOALL OF THE PROVISIONS CONTAINED HEREIN.
No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. If you have any questions about these Terms of Service, or the Site or Services, or would like to report any violations of our Terms of Service, please contact the Company at team@armscyber.com
