terms and conditions of use

1. Agreement

These Terms and Conditions of Use (the “Agreement”) constitute a legally binding agreement between you and the Website Owner, Security GRC, LLC d/b/a Resiliam (“Resiliam”, “we,” “us,” or “our”) regarding your access to and use of this website (the “Website”), including all content, functionality, and services offered on or through the Website. BY ACCESSING OR USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY, ALTER, OR OTHERWISE UPDATE THESE TERMS AND CONDITIONS AT ANY TIME. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING. BY CONTINUING TO ACCESS OR USE THIS WEBSITE, YOU AGREE TO BE BOUND BY SUCH MODIFIED TERMS AND CONDITIONS.

2. Description of Service

The Website is a static website that provides information, content, and an insights page, with the option to subscribe for additional information (the “Service”). The Service is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or warranty, whether express, implied, or statutory. We assume no responsibility for any errors, omissions, or inaccuracies in the Service. Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to this Agreement. We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

3. Registration and Account Information

To access certain features of the Service, including the subscription to receive additional information, you may be required to register and provide certain information about yourself. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4. Privacy Policy

Your visit to our Website is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy.

5. Ownership, Copyrights, Trademarks, and Licenses

a. Website Content

All content included on this Website, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of the Website Owner or its content suppliers and is protected by international copyright laws. The compilation of all content on this Website is the exclusive property of the Website Owner and is protected by international copyright laws.

b. Trademarks

Resiliam, and all related names, logos, product and service names, designs, and slogans are trademarks of the Website Owner or its affiliates or licensors. You must not use such marks without the prior written permission of the Website Owner. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

c. License to Use

Subject to these Terms and Conditions, the Website Owner grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

6. User Conduct and Responsibilities

a. General Conduct

You agree to use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Website Owner, a Website Owner employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Website Owner, may harm the Website Owner or users of the Website or expose them to liability.

b. Prohibited Activities

Additionally, you agree not to:
  1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
  2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  3. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of the Website.
  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise attempt to interfere with the proper working of the Website.
  9. Use meta tags, hidden text, or any other form of concealed code containing Resiliam’s name, trademarks, service marks, or products without Resiliam’s express prior written consent. This prohibition includes, but is not limited to, keyword stuffing, invisible text, and any other techniques designed to manipulate search engine results or misrepresent the relationship between User and Resiliam.
  10. Deeplink to the Website (creating hyperlinks that bypass the Website’s homepage or other navigational pages to access internal pages directly) without Resiliam’s express prior written consent. All authorized links to the Website must direct users to the Website’s homepage unless specifically authorized in writing by Resiliam.
  11. Gather, collect, harvest, or store personal data about other users or visitors of the Website in conjunction with the activities prohibited above, or for any other purpose not expressly authorized by Resiliam. This prohibition includes, but is not limited to, email harvesting, screen scraping, database scraping, and any other activity intended to collect information about other users.

7. Legal Compliance

User agrees to comply with all applicable laws and regulations that relate to use of or activities in connection with the Website, including, but not limited to, data privacy laws, intellectual property laws, computer fraud and abuse laws, and consumer protection laws. User acknowledges that violation of any applicable law or regulation constitutes a breach of this Policy.

8. Privacy Compliance

User acknowledges and agrees that protection of consumer privacy is a priority. User pledges to respect the privacy wishes of other users and to take all commercially practicable steps to maintain privacy when interacting with the Website and other users.

9. Monitoring and Data Collection

  1. Website Monitoring: Resiliam may monitor the use of the Website and record the internet IP addresses of users of this site. User acknowledges and consents to such monitoring as a condition of using the Website.
  2. Data Collection and Use: Information collected through monitoring is periodically collected by Resiliam or its agents for internal purposes only, including, but not limited to, site improvement, security enhancement, and fraud prevention. This information will not be disclosed except as required by law or in connection with legal proceedings.
  3. Email Communications: All email communications with Resiliam or its representatives through email accounts provided by Resiliam or its affiliates are subject to monitoring and review in accordance with Resiliam policies and applicable law. User consents to such monitoring and review when communicating with Resiliam through these channels.

10. Enforcement and Remedies

  1. Material Breach: Any breach of any policy shall be considered a material breach giving rise to immediate termination of user’s access to the Website and any associated services.
  2. Cooperation: User agrees to cooperate with Resiliam in all reasonable respects in its efforts to enforce this Policy and to respect users’ privacy wishes and requests.

11. Subscription Service

  1. Subscription to Additional Information: The Website allows users to subscribe to receive additional information (“Subscription Service”). By subscribing to receive additional information, you agree to provide accurate, current, and complete information, including your email address and any other information requested.
  2. Communication: By subscribing to receive additional information, you consent to receive emails, newsletters, and other communications from us. These communications may include promotional materials, updates about the Website, and other information related to our services.
  3. Unsubscribe Option: You may unsubscribe from these communications at any time by contacting us at info@resiliam.com.

12. Insights Page and Content

  1. Content Access: The Website provides access to an insights page and various content (“Content”). This Content is provided for informational purposes only and should not be construed as professional advice.
  2. No Warranty: THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  3. Content Accuracy: We make reasonable efforts to update the information on the Website. However, we do not warrant that the Content on the Website is accurate, complete, or up-to-date.

13. Limitations of Liability

IN NO EVENT WILL THE WEBSITE OWNER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Website Owner, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.

15. No Warranties

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE WEBSITE OWNER NOR ANY PERSON ASSOCIATED WITH THE WEBSITE OWNER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. THE WEBSITE OWNER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Jurisdiction

This Agreement and any dispute arising from this Agreement is governed by the laws of the State of New York and United States Federal Laws without regard to its conflict of law provisions. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

17. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by the Website Owner. The Website Owner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Website Owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

18. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to make it legal, valid, and enforceable while preserving its intent. If no such modification is possible, the provision shall be severed from these Terms and Conditions, and the remaining provisions will continue in full force and effect.

19. Waiver

The failure of the Website Owner to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

20. Entire Agreement

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and the Website Owner regarding your use of the Website and supersede all prior and contemporaneous written or oral agreements between you and the Website Owner.

21. Changes to Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes.

22. Children Online Privacy Protection Act

This Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features.

23. Certification

By using this Website, you certify that you are at least 18 years of age and that your answers are truthful, complete, and accurate to the best of your knowledge and belief. You further agree to update any information you have provided if that information changes.

24. Contact Information

If you have any questions about these Terms and Conditions, please contact us at: info@resiliam.com

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