Last Updated: October 28, 2020
THESE TERMS AND CONDITIONS AND ALL OTHER LEGAL DOCUMENTS INCORPORATED BY REFERENCE (COLLECTIVELY, THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN “YOU” AND GUIDEPOINT SECURITY LLC (“THE COMPANY”, “WE” OR “US”) WITH RESPECT TO ACCESS TO AND USE OF OUR ASSOCIATED INTERNET PROPERTIES (INCLUDING https://www.guidepointsecurity.com/) AS LINKED AND OFFERED BY US, OUR AFFILIATED COMPANIES, AND ANY SOFTWARE THAT WE MAY PROVIDE TO YOU FOR DOWNLOAD IN YOUR DEVICES (EACH AN “APPLICATION”) (ALL OF THESE COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” ALSO INCLUDE THE USE OF OUR ONLINE PLATFORM, MATERIALS, PROPRIETARY CONTENT, TOOLS, SOFTWARE, AND SERVICES MADE AVAILABLE THROUGH THE SITE (COLLECTIVELY, ALL OF THESE AND THE SITE ARE CALLED THE “SERVICE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME, THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE SERVICE IMMEDIATELY.
These Terms contain a dispute resolution and arbitration provision, including a class action waiver that affects your rights. Please note that, depending on your country of residence, under certain circumstances you may be able to bring a dispute before the appropriate authorities or courts in the country in which you reside.
1. Modifications and Additional Terms.
(a) These Terms. The Company can change, update, add or remove provisions of these Terms, at any time by posting the updated Terms on the Site and by providing a notice on the Site. We will ask for your express consent to the updated Terms where we are legally required to do so, and our notice to you will explain the reason for variation and how you can accept or reject the change. If you do not agree with any of the updated Terms, you must stop using the Service.
(b) Service. The Company may make changes to the Service at any time, without notice. If you object to any changes to the Service, your sole recourse will be to cease using it. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as modified. We also reserve the right to discontinue the Service or any component of it, at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service.
(c) Additional Terms. In addition, certain features of the Service may be subject to additional terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such area conflict with these Terms, the Additional Terms will govern.
(d) Separate Signed Contract. If You have entered into a separate executed agreement for services with the Company (a “Contract”), such Contract shall supersede these Terms. In the event of any conflict between these Terms and the Contract, the Contract will prevail. In cases where the Contract does not address specific provisions included in these Terms, these Terms will apply, supplementing the Contract.
2. Privacy.
Your privacy is important to us. Please review our Privacy Policy which explains how we use personal information that you submit to the Company and the choices you can make about the way this information is collected and used. The Privacy Policy is hereby incorporated by reference and made part of these Terms.
3. General Use.
By using the Service, you represent, acknowledge and agree that you are of age under the laws of your jurisdiction, and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you may not use the Service at any time.
The Company provides content through the Service that is copyrighted and/or trademarked work of the Company or the Company’s third-party licensors and suppliers or other users of the Service (collectively, the “Materials”). Materials may include logos, graphics, video, images, text, information, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, the Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Service solely for your personal use. Except for the foregoing license, you have no other rights in the Service or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.
4. Using the Service.
You need not register with the Company to simply visit and view the Site.
However, we may offer certain password-restricted areas on this Site, in which case in order to access and use those password-restricted areas (and any Services and Materials offered on and through those restricted areas), You must successfully register an account with Us.
If we offer registration to an account with Us, You may need to submit certain information through the account registration page on this Site, including without limitation, a working email address; your first and last name; and your preferred username and password.
You may also provide additional, optional information so that We can provide You a more customized experience when using this Site –but, We will leave that decision with You. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account. If approved, You will be sent an e-mail detailing how to complete Your registration. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. And, if You forget Your password – no worries as We will happily send a password update to Your provided email address.
You are responsible for complying with these Terms when You access this Site, whether directly or through any account that You may setup through or on this Site. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of This Site as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Site. Should You believe Your password or security for This Site has been breached in any way, You must immediately notify Us.
5. Memberships and Subscriptions.
If applicable, by registering for an account with Us, You may become a “Member” or a “Subscriber” with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a “Membership” or a “Subscription”). Each Membership or Subscription and the rights and privileges provided to a Member/Subscriber are personal and non-transferable.
If applicable, You agree to pay any applicable fees related to Your use of the Service. We may suspend or terminate Your account and/or access to Our Service if Your payment is late and/or Your offered payment method (e.g., credit card or third-party payment account) cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular membership or subscription and utilized services.
We understand that You might cancel Your account, but please know that We will not provide any refund(s) and You will be responsible for paying any balance due on the account. To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.
6. Rules of Conduct and Unauthorized Activities.
When using the Service, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. The Company reserves the right terminate access to and/or use of the Service with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to the Service or to any other user of the Service. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet.
You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Service violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
7. Submissions.
Certain areas of the Service (e.g., customer ratings and review areas) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission”). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.
By submitting any User Submission, You are promising Us that:
By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
8. Proprietary Rights.
The Service and all proprietary and intellectual property rights therein are and shall remain the Company’s property or the property of the Company’s licensors. Neither these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited usage license granted above; or (ii) to use or reference in any manner the Company’s company names, logos, product and service names, trademarks or services marks or those of the Company’s licensors. There are no licenses by implication. If you breach any of these Terms, the above license will terminate automatically, and you must stop using the Service and immediately destroy any Materials downloaded or printed from the Service.
GuidePoint SecurityTM is a trademark of the Company in the United States of America. Other trademarks, names and logos on the Service are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on the Service, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of the Company, Copyright ©2020 GuidePoint Security LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
9. Links to Third-Party Services.
The Service may be linked to other web sites that are not the Company sites (collectively, “Third-Party Services”). Certain areas of the Service may allow you to interact and/or conduct transactions with such Third-Party Services, and, if applicable, allow you to configure your privacy settings in your Third-Party Service account to permit your activities on the Service to be shared with your contacts in your Third-Party Service account and, in certain situations, you may be transferred to a Third-Party Service through a link but it may appear that you are still on the Service. In any case, you acknowledge and agree that the Third-Party Services may have different privacy policies and terms and conditions and/or user guides and business practices than the Company, and you further acknowledge and agree that your use of such Third-Party Services is governed by the respective Third-Party Service privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Services. The Company is providing links to the Third-Party Services to you as a convenience, and the Company does not verify, make any representations or take responsibility for such Third-Party Services, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Services. YOU AGREE THAT THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Service to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply the Company’s endorsement or recommendation.
10. Disclaimer of Warranties.
Your use of the Service is at your own risk. The Materials have not been verified or authenticated in whole or in part by the Company, and they may include inaccuracies or typographical or other errors. The Company does not warrant the accuracy of timeliness of the Materials contained on the Service. The Company has no liability for any errors or omissions in the Materials, whether provided by the Company, our licensors or suppliers or other users.
THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICE, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
11. Limitation of Liability.
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE AMOUNTS YOU PAID THE COMPANY FOR USE OF, OR IN CONNECTION WITH, THE SERVICE DURING THE SIX MONTHS PRIOR TO THE CLAIM.
12. Local Laws; Export Control.
The Company controls and operates the Service from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use the Service outside the United States of America, you are responsible for following applicable local laws.
13. Feedback.
If you send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
14. Electronic Communications.
By using the Service, you consent to receiving electronic communications from the Company. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with the Company. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Please read this carefully if you are a resident of the United States of America. It affects your rights.
(a) Disputes and Applicable Law. The Federal Arbitration Act, Virginia state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Any disputes relating to these Terms or the Service will be heard in the courts located in Fairfax County in the Commonwealth of Virginia, except as otherwise agreed by the parties or as described in the Arbitration subsection below.
(b) Arbitration. You agree that the Company may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event the Company elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution provider (“ADR”) chosen by the Company. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, in which case the location of the arbitration shall be Fairfax County in of Virginia; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief. Notwithstanding any of the foregoing, in no event may any dispute regarding the scope or validity of Company’s Intellectual Property Rights be submitted to arbitration, and the arbitrator shall have no authority to make any finding or judgment with respect to such scope or validity.
(c) Waiver of Jury Trial. YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(d) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
16. California Consumer Notice.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by GuidePoint Security, LLC. If you have a question or complaint regarding the Service, please contact Customer Service at [email protected]. You may also contact us by writing us at GuidePoint Security LLC, 2201 Cooperative Way, Suite 225, Herndon, Virginia, USA, Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Email: [email protected]
17. General.
The Company prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by the Company, may result in immediate termination of your access to the Service without prior notice to you. If any provision of these Terms is found to be inconsistent with applicable law, then such provision shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The Company’s failure to enforce any of these Terms is not a waiver of such term. These Terms together with our Privacy Policy, any separate Contract we may have executed directly with you, any Additional Terms that we may make available from time to time through our internet properties, and any other document incorporated by reference constitute the entire agreement between you and the Company regarding your use of the Service and supersede and replace any prior written or oral agreements regarding the foregoing, and all prior or contemporaneous negotiations or discussions between you and the Company about the Service. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
18. Contact Us.
If you have any questions about these Terms or otherwise need to contact the Company for any reason, you can reach us at [email protected].
