THIS WEBSITE IS OWNED AND OPERATED BY BINARY DEFENSE SYSTEMS, INC AND ITS AFFILIATES (“Binary Defense”, “WE”, “OUR” AND “US”). ACCESS AND USE OF THIS WEBSITE AND ITS RELATED SERVICES AND WEB PAGES (COLLECTIVELY, THE “SITE”) ARE PROVIDED BY BINARY DEFENSE TO YOU ON CONDITION THAT YOU ACCEPT THIS TERMS OF USE, AND BY ACCESSING OR USING THIS SITE, YOU AGREE TO THIS TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THIS TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS SITE. This Terms of Use, the Privacy Policy and all other documents referenced herein govern the relationship between you, the Site visitor (“you”) and Binary Defense with respect to your use of this Site.
We reserve the right at any time to change: (i) this Terms of Use; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; and (iii) the equipment, hardware or software required to use and access this Site.
Any changes we make to this Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of this Site after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of this Terms of Use.
You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes.
1. Jurisdiction
If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in this Terms of Use, you may not enter into this agreement or use this Site.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.
We make no representation that materials in this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.
2. Disclaimers
Binary Defense shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by Binary Defense are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
3. Privacy
Binary Defense is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose the personal information of those individuals who visit this Site. Please see our Privacy Policy for further information.
4. User Accounts
In order to access and use certain services available on this Site, you must open and maintain an account (“Account”) with us. During the registration process we will collect personal information that you provide. All of the information you provide to us or that we collect from you in connection with your use of the Site will be governed by this Terms of Use and our Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your Account and your ability to use this Site and, in our sole discretion, to report you to the appropriate authorities.
You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any Account at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Site via your username or password to any third person.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your Account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
5. Personal Use Only
This Site is only for personal or internal business use. You may not use this Site in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
6. Code of Conduct
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Binary Defense’s computer systems or perform functions that you are not authorized to perform pursuant to this Terms of Use. While using this Site you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). You shall not interfere with or disrupt the Site, our servers or our networks or take any action that imposes unreasonably or disproportionately large load on our infrastructure.
7. Availability
While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.
8. Currency of Website
Binary Defense updates the information on this Site periodically. However, Binary Defense cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. Binary Defense may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
9. Linked Websites and Software Licensing
This Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Binary Defense monitors or endorses these websites or their respective practices. Binary Defense does not accept any responsibility for such websites. Binary Defense 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 the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. This Terms of Use and our Privacy Policy do not apply to your use of any third party websites, so be sure to review any applicable terms and policies of third party sites.
Any software made available for downloading from or through the Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited.
WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. BINARY DEFENSE HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
10. Internet Software or Computer Viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
Binary Defense shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of user materials or other content from this Site. Binary Defense recommends that you install appropriate anti-virus or other protective software.
11. Our Materials
This Site is owned and operated by Binary Defense in conjunction with others pursuant to contractual arrangements.
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Binary Defense and its licensors. ALL RIGHTS RESERVED.
Binary Defense may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively “Binary Defense Materials”) available to you from this Site, from time to time. If you download or use Binary Defense Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Binary Defense’s prior written permission, and (iii) shall be only be used in compliance with any additional license terms accompanying such materials. Binary Defense does not transfer either the title or the intellectual property rights to the Binary Defense Materials, and retains full and complete title to the Binary Defense Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Binary Defense Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Binary Defense Materials into a human-perceivable form. Binary Defense or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
All rights not expressly granted herein are reserved by Binary Defense. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This Site, (including its organization and presentation and Binary Defense Materials) is the property of Binary Defense and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
12. Disclaimer of Warranties
THIS SITE, THE SERVICES, AND THE BINARY DEFENSE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BINARY DEFENSE DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, OR THE BINARY DEFENSE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.
13. Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE BINARY DEFENSE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL BINARY DEFENSE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE BINARY DEFENSE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. Indemnification
You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of this Terms of Use for which you are responsible; or (2) your use of this Site. Binary Defense reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Binary Defense. This indemnification section will survive any termination or expiration of this Terms of Use.
15. Contacting Binary Defense
If you need to contact us regarding this Site or this Terms of Use, please e-mail us at [email protected]. You can also contact us via telephone at 1 800 BINARY2 (246-2792).
16. Miscellaneous
This Terms of Use are governed by and construed in accordance with the laws of the State of Ohio and the United States of America, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in Cuyahoga County, Ohio, United States of America, in any matter arising from or related to this Terms of Use and your use of the Site and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
This Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us. This Terms of Use are not assignable, transferable or sub-licensable by you except with Binary Defense’s prior written consent. This Terms of Use provides only for the use of this Site. This Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.