IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE, VIEW, OR OTHERWISE ACCESS THE WEBSITE. YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE CONSIDERED AUTOMATIC ACCEPTANCE OF THESE TERMS.
ArkCybr reserves the right to update and amend these Terms at any time, in its sole and absolute discretion. All such amendments and updates will become effective immediately upon posting to the Website.
USE OF THE WEBSITE
You shall not access or use the Website, or any content or materials displayed therein, for any purpose other than your own personal, non-commercial use. You agree to comply with all applicable laws, rules, and regulations at all times when accessing or using the Website and viewing related materials. You will not upload any viruses or harmful or obscene information to the Website. You will not access, or attempt to access, any nonpublic features of the Website.
USE OF IMAGES; CREATIVE CONTENT
ArkCybr owns the Website and all related information, data, materials, images, content, user interface, trademarks, copyrights, and other intellectual property related thereto and contained therein (collectively, “Materials”). The Materials on the Website are available exclusively for non-commercial, personal, and educational use. You may only access or view such images, content, and features on a temporary, non-commercial basis for the sole purpose of your personal or charitable use, education, viewing, or “fair use” (as defined in the United States copyright laws) purposes. Without limiting the foregoing, your use of any such Materials and the Website is at your own risk. You are responsible for researching, understanding, and complying with applicable law with respect to the use of such Materials and the Website. You are solely responsible for complying with all applicable laws, rules, and regulations related to the use of such Materials, including all copyright and other intellectual property laws. You agree to not copy, reproduce, transfer, misuse, misappropriate, modify, or alter any such Materials or the Website. Without limiting the foregoing, to the extent you use any such Materials in compliance with these Terms and applicable laws, you shall also provide proper attribution to the applicable creator or author of the work displayed in such images or materials, as well as proper attribution to ArkCybr, as applicable.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND THE MATERIALS, INFORMATION, IMAGES, AND CONTENT DISPLAYED THEREIN, AND ANY PRODUCT OFFERED OR SOLD THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS-IS” AND “WHERE-IS” BASIS. ArkCybr makes no representations or warranties related to (i) any Materials, images, data, or content contained on the Website; (ii) any information posted on the Website; or (iii) any product sold through, or features displayed or offered on the Website. ArkCybr hereby disclaims all express and implied warranties related to the same. Without limiting the foregoing, ArkCybr does not guarantee that (a) the Website, or the products sold through the Website, will meet your expectations or requirements; (b) the Website will be uninterrupted, timely, secure, or error-free; or (c) that any errors or inaccuracies on the Website will be corrected.
You acknowledge and agree that the information and services available on the Website are offered for information purposes only, and that your reliance on the information available on the Website is at your sole risk.
LIMITATION OF LIABILITY
ARKCYBR IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) ANY PRODUCT, SERVICE, WEBSITE, APPLICATION, OR OTHER MATERIALS, INFORMATION, OR CONTENT PROVIDED OR OWNED BY ANY THIRD-PARTY; (II) ANY ISSUES ARISING FROM YOUR USE OF THE INTERNET OR ANY SYSTEM WHEN ACCESSING THE WEBSITE; (III) YOUR RELIANCE ON THE INFORMATION MADE AVAILABLE ON THE WEBSITE; (IV) ANY ACTION OR OMISSION OF ANY THIRD PARTY WEBSITE, EVEN IF A LINK OR PROMOTION OF SUCH WEBSITE IS DISPLAYED ON THE WEBSITE; OR (V) IF A FORUM OR OTHER METHOD OF THIRD PARTY USER SUBMISSION IS MADE AVAILABLE, ANY STATEMENT, IMAGES, MATERIALS, IDEAS, OR CONCEPTS SUBMITTED BY ANY SUCH THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, ARKCYBR WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE WEBSITE, THE IMAGES, CONTENT, INFORMATION, OR MATERIALS DISPLAYED THEREIN, OR PRODUCTS OR SERVICES OFFERED THROUGH OR ADVERTISED ON THE WEBSITE EVEN IF ARKCYBR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) AGGREGATE LIABILITY IN EXCESS OF $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND JURISDICTION
These Terms, and your use and access of the Website, will be governed by the laws of the State of Ohio. Any dispute related to these Terms, the Website, the Materials, or other content, products, or materials offered through the Website, will be brought in and decided exclusively by the state or federal courts located in Hamilton County, Ohio, and you hereby submit to the exclusive jurisdiction and venue of such courts.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold ArkCybr and ArkCybr’ s directors, officers, employees, and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) relating to or arising out of (i) any unauthorized activity related to your use of the Website, the Materials, or the images or materials displayed therein; (ii) your violation of any term of these Terms; or (iii) the violation of any third party right, including without limitation any copyright, property, or privacy right by you or any person accessing the Website or Materials using your computer; or (iv) any use of products sold through the Website.