Terms and Conditions
Please read these terms of use carefully before you start to use the Website. By accessing the Website, You indicate that You accept the terms of use and that You agree to be bound by the Terms. If You do not agree to the Terms, please refrain from using the Website.
These terms and conditions (the "Terms") are the terms on which this website testifysec.com (the "Website") is made available to you ("You" or "Your"). Please read these terms of use carefully before You start to use the Website. By accessing the Website, You indicate that You accept the terms of use and that You agree to be bound by the Terms. If You do not agree to the Terms, please refrain from using the Website.
1. Information about us / general information
1.1 We are TestifySec, Inc. a Delaware corporation. ("We" or "Us" or "Our").
1.2 If You have any questions, complaints or comments on the Website then You may contact Us at info@testifysec.com or you may use the “Contact Us” feature on the Website or use the alternative addresses in paragraph 16.
2. Access and registration
2.1 Access to the Website is permitted on a temporary basis and We reserve the right to withdraw or amend the Website without notice to You. We will not be liable if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to the Website. You are also fully responsible for ensuring that any person who has access to the Website through Your internet connection is aware of these Terms, and that they comply with them.
2.2 We may at Our sole discretion restrict access to some parts of the Website or Our entire site to limited groups of users such as users who have registered with Us.
2.3 Certain sections of this Website including the brand extranet, the training internet site and the careers section are available to registered users only.
3. Intellectual property rights
3.1 We are the owner or the licensee of all intellectual property rights in the Website and in the material published on it, including, without limitation, trademarks, logos, graphics, photographs, animations, signage, livery, get-up, videos, stationery, publications, reports, and text. Those works are protected by the copyright laws of the United States, international copyright treaties and all other applicable copyright and intellectual property laws around the World.
3.2 Your use of the Website and its contents does not grant You any rights to Our intellectual property or the intellectual property of third parties in the Website and its contents.
3.3 Other than as expressly permitted in these Terms, You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website. However, You may download or print insubstantial extracts of the content of the Website to Your hard disk for the sole purpose of viewing it provided that no more than one (1) temporary copy of any information is made. You may also print one (1) copy or extract of any page from the Website for Your personal reference or non-commercial use and You may draw the attention of others within Your organization to material posted on the Website, provided always that You acknowledge Our status (and that of any identified contributors) as the authors of material on the Website.
3.4 In downloading or printing any content from the Website, You must not remove or amend any trademark, copyright notice or other proprietary notice, legend or restriction including product identification details from any of the material or information contained on pages of the Website. In addition, You are not allowed to modify, in any way, the paper or digital copies of any materials You have printed or downloaded, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.5 You must not use any part of the materials on the Website for commercial purposes without obtaining a license to do so from Us or Our licensors. You may not copy or republish any such information in any other manner without our prior written consent.
3.6 Any use other than that permitted under this paragraph 3 may only be undertaken with Our prior express authorization.
3.7 If You print, copy or download any part of the Website in breach of these Terms, Your right to use the Website will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.
3.8 Any unauthorized downloading, re-transmission or other copying or modification of any of the contents of the Website may be in breach of statutory or common law rights which could be the subject of legal action.
3.9 TESTIFYSEC is a trademark of TestifySec, Inc. In addition, certain words, phrases, logos, icons, graphics or designs used on the pages of the Website may constitute Our trade names or unregistered trademarks of Ours or Our affiliated companies. The display of any of the above trade names or trademarks on the Website does not imply that any license has been granted to You.
3.10 We reserve to right take any action to prevent the unauthorized use of Our intellectual property rights.
3.11 Unless otherwise stated, third parties (e.g. business partners, government departments, customers and associates) who publish their content on the Website retain full copyright ownership of their material.
3.12 All third-party product or company names, devices, logos, icons, graphics or designs referred to on the Website are or may be trademarks of their respective owners and are exhibited in good faith and in such a manner as intended to be for the benefit of such trademark owners. We do not give permission for their use by any person other with the consent of their owners. Any such use without consent may constitute an infringement of the owner’s rights. The appearance or absence of any third-party products, services, companies, organizations, home pages or other websites on the Website does not imply any endorsement or non-endorsement by Us.
4. Your use of the website or visitor material and conduct
4.1 You agree to use the Website (or any part of it) in accordance with all applicable laws relevant to the jurisdiction from which You access the Website.
4.2 You agree that in using the Website (or any part thereof) You will not:
4.2.1 use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity;
4.2.2 transfer files to or through the Website that contain viruses, Trojans, worms or anything else that is malicious or technologically harmful or that may interfere with, interrupt or disrupt the normal operation of the Website;
4.2.3 introduce or transfer through the Website material that is defamatory, libelous, obscene, offensive, threatening, menacing or blasphemous, or material that may cause annoyance inconvenience or needless anxiety;
4.2.4 use the Website in a way to cause it to be interrupted, damaged, rendered less efficient or in a way so that the effectiveness or functionality of the Website is impaired;
4.2.5 use the Website in a manner that infringes the rights of another person, firm or company (including, without limitation, intellectual property rights, confidentiality rights or rights of privacy);
4.2.6 do anything that would seek to bypass or interfere with any security features of the Website, or interfere with any of Our websites, servers, or networks;
4.2.7 attempt to gain unauthorized access to any part or component of the Website, the server on which the Website is stored or any server, computer or database connected to the Website; and
4.2.8 upload files which contain an active hypertext link to another website.
4.3 In the event that You have a claim against another user of the Website arising out of that user’s use of the Website, You agree to pursue such right, claim or action independently of and without recourse to Us.
5.Your legal obligations/your promises to us
5.1 You confirm that:
5.1.1 all information and details provided by You to Us (including on registration, if applicable) are true, accurate and up to date in all respects and at all times;
5.1.2 You will comply with the restrictions on Your use of the Website as set out in paragraph 4 and as set out elsewhere in these Terms; and
5.1.3 in relation to any material submitted to the Website, You have the right to do so and have obtained all necessary licenses and or approvals.
5.2 You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of the Website including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party.
6. Submission of information
6.1 Any ideas, suggestions, comments, reviews, concepts, know-how, information, techniques, text, photos, graphics or other content (“Materials”) that You submit or upload to the Website will be considered non-confidential and non-proprietary.
6.2 By submitting any Materials to Us, You warrant and represent that it will not:
6.2.1 be defamatory, libelous, obscene, offensive, threatening, menacing or blasphemous, or material that may cause annoyance inconvenience or needless anxiety;
6.2.2 impersonate any person or entity, including without limitation any of Our employees, associates, principals or directors nor misrepresent or falsely state Your affiliation with any person or entity;
6.2.3 infringe the legal rights of any other person (including any rights of privacy or confidentiality)
6.2.4 infringe any copyright, trademark, trade secret, design right, patent or other intellectual property or proprietary right of any kind wherever in the World;
6.2.5 offer to sell, advertise, promote or solicit any goods or services for any commercial purpose, or otherwise engage in any commercial activity; and
6.2.6 falsify or delete any author attributions, or otherwise remove any proper legal or proprietary notices or designations in any material that is submitted.
6.3 By submitting Materials to Us via the Website, You grant Us an unrestricted, world-wide, royalty-free, irrevocable license to use the Materials at Our own discretion for any purpose including, without limitation, use, reproduce, display, adapt, modify, transmit, disclose, distribute to third parties and commercially exploit the Materials in any medium together with an unrestricted right to use any ideas, concepts, know-how or techniques contained in the Materials for any purpose. You also, save as permitted by law, waive any moral rights in the same.
6.4 We will not be responsible, or liable to any third party, for the content or accuracy of any Materials posted by You or any other user of the Website.
6.5 We reserve the right to monitor, inspect and remove (without liability to You) any Materials or posting You make on the Website, if, in absolute Our opinion, such material does not comply with Our content standards or is in breach of these Terms. We also have the right to disclose Your identity to any third party who is claiming that any Materials posted or uploaded by You to the Website is an infringement of their intellectual property rights or of their right to privacy.
7. Indemnity
You agree to indemnify Us against all claims, liability, damages, losses, costs and expenses, (including legal fees), suffered by Us and arising out of any breach of the Terms by You (including in relation to any Materials submitted by You) or any other liabilities arising out of Your use of the Website or the use by any other person accessing the Website using Your internet account.
8. Our legal obligations and limits on liability
8.1 Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence or negligence by Us, Our employees or agents nor for any other liability which cannot be excluded or limited under applicable law.
8.2 We do not accept any liability for:
8.2.1 damage to Your computer system or loss of data or other proprietary material that results from Your use of the Website or in connection with Your downloading of any material posted on it, or on any website linked to it, unless such damage results from Our negligence; and
8.2.2 any loss, damage, expense, costs, delay or other liability whatsoever (including without limitation any financial losses such as loss of profit) which You may incur as a result of any event beyond Our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or Your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
8.3 While We use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not promise that the information on the Website itself will be free from errors or omissions.
8.4 We do not promise that the Website will be available uninterrupted and in a fully operating condition and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features.
8.5 Access to the Website may be suspended and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
8.6 All content on the Website is provided on an 'as is' and 'as available' basis. We do not make any representation or make any promise (whether express or implied) in respect of the Website or its content, including, without limitation, its accuracy, any advice given and statements made on or via the Website or forward-looking statements. Therefore, We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any visitor to the Website, or by anyone who may be informed of any of its contents. Any decisions or action taken by You on the basis of information provided on or via the Website are at Your sole discretion and risk and You should obtain professional advice where necessary. Nothing in this paragraph 8 shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).
8.7 To the extent permitted by law, We hereby expressly exclude:
8.7.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
8.7.2 any liability for any direct, indirect or consequential loss or damage incurred by You in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; (viii) computer failure; and (ix) for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9. Linking to the website
9.1 You may establish a link to the Website provided that:
9.1.1 You link only to the home page of the Website;
9.1.2 the link is to a website owned by You;
9.1.3 the link is fair and legal and does not damage Our reputation or take advantage of it;
9.1.4 the link does not suggest any form of association, approval or endorsement on Our part where none exists;
9.1.5 You do not remove or obscure advertisements, copyright notices or any other proprietary, legal or trademark notices on the Website; and
9.1.6 the Website is not be framed on any other site.
9.2 To establish a link to any nested Website page, You must give Us prior written notice of such link by sending an e-mail message to Us at info@testifysec.com
9.3 We reserve the right to withdraw Your linking permission without notice and You must immediately stop providing links to the Website if so notified by Us.
10. Links to third party websites
We may provide links to other websites from time to time (via advertising or otherwise). We do not supply reciprocal links to third party websites solely because they have linked to Us. These links are provided for Your ease of reference and information only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that We will not be party to any transaction or contract with a third party that You may enter into and We shall not be liable to You in respect of any loss or damage which You may suffer by using those websites. You agree that You will not involve Us in any dispute between You and the third party.
11. Security and privacy
11.1 We process information about You in accordance with Our privacy statement. You must read Our privacy statement which contains important information about the use of Your personal data other information regarding Your privacy and Our security processes and policies, and which forms part of these Terms. By using the Website You consent to such processing and You warrant that all data provided by You is accurate.
11.2 We may co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone breaching or in breach of paragraph 4.2 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about You or Your use of the Website.
11.3 We may investigate any reported breach of these Terms or complaints and take any action that We deem appropriate (which may include, without limitation, removing any of Your information, issuing warnings, suspending, restricting or terminating Your access to and/or removing any Materials from the Website. We also reserve the right at Our discretion to suspend, restrict or terminate Your access to this Website at any time without notice if We have reasonable grounds to believe that You have breached any of the restrictions in paragraph 4.
12. Changes to the website
We are constantly looking for new ways to improve this Website and if the need arises, We may suspend access to the Website. Accordingly, some of the material on the Website may be out of date at any given time and, except as required by law, We are under no obligation to update such material.
13. Changes to these terms
We may amend these Terms at any time. All such changes will take effect once they have been posted on the Website and You will be deemed to have accepted any such changes by Your use of the Website from such time.
14. Severance
If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.
15. Governing law and jurisdiction
In the event of any dispute between You and Us concerning these Terms or any claim arising from, or related to, a visit to the Website the laws of Alabama, United States, will apply. If You wish to take court proceedings against Us You must do so within Alabama, United States. However, We retain the right to bring proceedings against You for breach of these Terms in Your country of residence or any other relevant country.
16. Your concerns
16.1 If You have any concerns about material which appears on the Website, or if You wish to report any inaccuracies or faults on the Website, or if You have any other suggestions about how the content can be improved please contact Us at info@testifysec.com.
16.2 If You have any questions concerning these Terms, please write to Us using the email address specified above.
16.3 If You wish to make any use of material on the Website other than that set out above, please address Your request to info@testifysec.com.
16.4 If You believe that there has been any breach of Your intellectual property rights or that You have been subject to a defamatory statement, please notify Us straight away at the address below, providing Us with: (i) written and verifiable confirmation that You are, or are authorised to act for or on behalf of, the owner of the intellectual property right or the person who alleges the defamation; (ii) the nature of the offending material including the location of it on the Website; (iii) Your full name, telephone number and address including any email address; (iv) a statement by You that the claim being made is accurate and true to the best of Your knowledge and belief. Claim notifications should be sent to by email to legalnotices@testifysec.com or in writing to: TestifySec, Inc., 254 Lake Shore South Drive, Jasper, AL 35504.