Terms of Service | Cybervance

Cybervance, Inc. Terms of Service

Please carefully read these Terms of Service (this “Agreement”). This Agreement between you and Cybervance, Inc. (“Cybervance”, “us”, “our”, or “we”) governs your use of www.cybervance.com and any other Cybervance-operated websites that link to this Agreement (collectively, the “Website”). Your participation in any Cybervance training program is also governed by the Cybervance Training Program Commercial License Agreement (the “License Agreement”). In the event of a conflict between this Agreement and the License Agreement, the License Agreement shall govern.

By accessing the WEBSITE, you agree to be bound by this Agreement WITHOUT ANY MODIFICATION. DO NOT ACCESS OR USE THE WEBSITE IN ANY WAY IF YOU DO NOT AGREE TO THIS AGREEMENT. IF YOU ARE ACCESSING AND USING THE WEBSITE ON BEHALF OF AN ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH ENTITY AND TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT.

1. Registration and Eligibility for Access to the Website

A. Registration

In order to utilize some of the Website’s features, you must register and create an account. In order to create an account, you must complete the registration process by providing Cybervance with complete and accurate information as prompted by the registration form, including contact information, a username, and password. You shall protect your password and take full responsibility for your own and third-party activities that occur under your account. You agree to notify Cybervance immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, this Agreement binds both you and the entity.

B. Refusal of Service

Cybervance reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate this Agreement, violate any party’s intellectual property rights, abuse other users of the Website, misuse the Website, or otherwise engage in inappropriate conduct, as determined by Cybervance in its sole discretion.

C. Information Submission and Age Restriction

By submitting any information, including any User Content as defined below, through the Website, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your state, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement and use the Website. Cybervance does not intend to use the Website to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d), you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology professional.

D. Electronic Communications

By accepting this Agreement and using the Website, you consent to receive electronically all communications or notices sent by Cybervance with regard to the Website or this Agreement to any email address you provide to Cybervance. It is your responsibility to update your contact information provided to Cybervance. In order to receive electronic communications, you must have a working connection to the internet and meet any specifications required by your email service provider. Cybervance may send communications in a non-electronic format in Cybervance’s discretion.

2. Revisions to this Agreement

We may revise and update this Agreement from time to time, and will post the updated Agreement to the Website. Unless otherwise stated in the amended version of the Agreement, any changes to this Agreement will apply immediately upon posting. Other than updating the date at the top of the Agreement, we generally will not notify you of any such changes by email or other personal contact, but we reserve the right to do so. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Your continued use of this Website will constitute your agreement to any new provisions within the revised Agreement.

3. Access to and Use of the Website; Proprietary Rights

A. Ownership

All written content or other materials prepared and posted by Cybervance (not including User Content), and the Website design, layout, look, appearance, and graphics, as well as the trademarks, service marks, and logos contained on our Website (collectively, “Cybervance Content”) are owned by or licensed to Cybervance and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Cybervance reserves all rights not expressly granted in, and to, the Website and the Cybervance Content.

B. Access and Use of the Website

Subject to, and in accordance with, this Agreement, Cybervance permits you to access and make personal use of the Website for yourself or your organization. Cybervance reserves all rights not expressly granted to you hereunder. Your authorization to access and use the Website is automatically revoked if you violate any of this Agreement. Cybervance reserves the right to revoke your authorization to access or use the Website at any time for any reason. Except as otherwise provided in this Agreement, no part of the Website and no Cybervance Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use without Cybervance’s prior express written consent. Your access to this Website is provided on a temporary basis with no guarantee for future availability.

C. Website Availability

There may be times when the Website is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Website will always be available or is completely free of human or technological errors. You must provide the equipment and Internet connections necessary to access the Website at your own expense. We do not guarantee that the Website will operate with your computer, mobile device, internet service plans, or mobile provider service plans or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer.

D. Security

You shall be solely responsible for the security, confidentiality and integrity of all information that you receive, transmit through or store on the Website. You shall be solely responsible for any authorized or unauthorized access and use of your account by any person. You have the affirmative responsibility to monitor and control access to your account information.

4. Compliance and Prohibited Actions

A. You will not use the Website in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.

B. You may not use any information obtained from the Website in order to harass, abuse, or harm another person.

C. In order to protect the integrity of the Website, Cybervance reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website. You may not use any technologies or processes to circumvent any IP blocks or other mechanism put in place by Cybervance to limit, restrict, or prevent access to the Website.

D. You may not reproduce, copy, bulk download, redistribute, or resell any content contained within the Website without the express written consent of Cybervance. You may not use any software, devices, scripts, crawlers, robots, or other automated processes to copy, scrape, or systematically acquire any content contained within the Website without the express written consent of Cybervance. You may not frame or mirror any Cybervance website or content without the express written consent of Cybervance.

5. User-Generated Content

The Website may include features that allow you to upload, submit, or send content through the Website (e.g., resumes, files, or comments) (“User Content”). This Section provides the terms and conditions governing your use of such features.

A. User Obligations and License; Intellectual Property

You alone own and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively “Post”) through the Website and once Posted, it cannot always be withdrawn. You agree not to Post through the Website any User Content which is false, defamatory, infringes upon another party’s intellectual property, or is otherwise illegal. By Posting User Content on the Website, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.

B. License to User Content

By submitting User Content to the Website, you grant, and represent and warrant that you have the right to grant, Cybervance a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, adapt, display, and perform User Content in all media now known or hereafter created without attribution for any purpose. You hereby waive all moral rights to User Content.

C. Prohibited Content

You agree that you will not use the Website to send, Post, or publish:

Any content that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially or ethnically offensive, hateful, or embarrassing to any other person or entity;
Any review or rating that does not reflect your lawful, honest, and good faith opinion or discloses any material conflict of interest or relationship that might influence your opinion (e.g., if you are a paid endorser of a product that you review);
Any message, data, code, or software that would violate our, or any third party, proprietary, or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential or proprietary information, or use trademarks or service marks in an infringing fashion;
Any personal information of a third party, or images that include a third party or depict a third party’s likeness, without the third party’s consent;
Any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk e-mail lists or upload;
Any materials that violate, could cause us or a third party to violate, or encourage us or a third party to violate any applicable law, statute, ordinance, or regulation; or
Any content or communications intended to impersonate someone else.

D. Your Responsibility for User Content

Your User Content is your sole responsibility and you assume all risks associated with your Posted User Content. Under no circumstances will we be liable in any way for User Content or for any loss or damage of any kind incurred as a result of the use of any of User Content. Cybervance further reserves the right to monitor, delete or modify any User Content that it deems offensive, inappropriate, advertising, illegal, off-topic or which otherwise violates this Agreement.

E. Communications Decency Act

As provided in 47 U.S.C. § 230(c)(1), Cybervance is only a distributer, and not the publisher or speaker, of any User Content. As such, Cybervance cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. Cybervance does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Cybervance be responsible for any loss or damage resulting from any person’s reliance on any User Content.

F. Reservation of Rights

Subject to Section 12 below regarding the DMCA, Cybervance reserves the right to remove or not remove any User Content from the Website for any reason or no reason at all, in Cybervance’s sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Cybervance reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.

G. Information Storage and Access

Cybervance reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data in accordance with its Privacy Policy. Cybervance will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Website or Cybervance’s servers.

H. Your Suggestions

We welcome your comments regarding the Website and Cybervance Content, and our services. In addition to the license you grant to us, above, for User Content, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials (collectively, “Suggestions”) to us in connection with or related to the Website, Cybervance Content or our services (including any related technology), whether you send such Suggestions to us through the Website or through a separate communication channel, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license under any and all rights in and to the Suggestions to use, reproduce, distribute, create derivative works of, adapt, display, perform, and otherwise exploit, and to make, have made, sell, offer to sell, and import any products and services incorporating or based on, Suggestions in any manner. Please do not send us such information or materials if you do not wish to grant us the rights set forth in this Section.

6. User Privacy

The Website is governed by the Cybervance Privacy Policy. Please read the Privacy Policy before accessing the Website or providing any personal information through the Website.

7. Third-Party Websites and Website

The Website may use or provide access to one or more third parties to process payments, process account or user registrations, or provide other services. Your interactions with any of these third parties is controlled by the terms and conditions imposed by those third parties. Any disputes arising regarding a third party’s services must be resolved directly between user and the third party. Cybervance disclaims all warranties or representations regarding any third-party services. Cybervance, in its sole discretion, and without notice to you or any user, may subcontract any services related to the Website to be performed by a third party.

8.Disclaimer of Warranties

EXCEPT AS WE OTHERWISE EXPRESSLY PROVIDE IN THIS AGREEMENT, THE WEBSITE AND OUR SERVICES ARE PROVIDED “AS IS”. USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. WE, OUR THIRD-PARTY LICENSORS, AND BUSINESS PARTNERS DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF: (i) YOUR USE OR THE RESULTS OF YOUR USE OF THE WEBSITE OR SERVICES; (ii) ANY ADVICE YOU GLEAN FROM THE WEBSITE OR SERVICES WHETHER PROVIDED BY US OR A THIRD PARTY; OR (iii) ANY OTHER CONTENT AVAILABLE THROUGH THE WEBSITE OR SERVICES. WE DO NOT PROMISE THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE GIVE NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE, OUR THIRD-PARTY LICENSORS, AND BUSINESS PARTNERS WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, OR CONTENT. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Website or any information supplied to you via the Website, or that files available through Website are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics. Cybervance is not a backup service for storing User Data, and Cybervance shall have no liability regarding any loss of User Data. Users are solely responsible for creating backups of any User Data uploaded using the Online Website. CYBERVANCE’S SERVICES ARE A PART OF A ROBUST CYBERSECURITY PROGRAM AND CYBERVANCE CANNOT AND DOES NOT GUARANTEE THAT ANY USER IS 100% SECURE.

THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THESE DISCLAIMERS MAY NOT APPLY TO YOU. ALL PRODUCTS YOU PURCHASE THROUGH THE SERVICES ARE SOLD BY THE SELLER AND NOT BY CYBERVANCE.

9. Limitation of Liability

A. Website and Related Conduct

NEITHER CYBERVANCE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, ASSIGNEES, AND SUCCESSORS-IN-INTEREST (COLLECTIVELY, THE “CYBERVANCE PARTIES”), WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY INFORMATION YOU OBTAIN ON IT, OR ANY OTHER INTERACTION WITH THE SERVICES, AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF THE CYBERVANCE PARTIES. CYBERVANCE IS NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE SERVICES. THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR USER TO OBTAIN THE RIGHTS TO USE THE WEBSITE OR SERVICES AT THE SPECIFIED PRICE, IF ANY. USER AGREES TO ASSUME THE RISK FOR: (i) ALL LIABILITIES DISCLAIMED BY CYBERVANCE CONTAINED HEREIN; AND (ii) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, OF THE LIMITED REMEDY PROVIDED HEREUNDER. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR SERVICES WILL BE TO STOP USING THE WEBSITE OR SERVICES.

B. Cybervance’s Maximum Liability for Any Claim

IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF THE CYBERVANCE PARTIES, FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR USE OF THE SERVICES OR PURCHASE OF A PRODUCT THROUGH THE SERVICES OR YOUR USE OF ANY SUCH PRODUCT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED ONE THOUSAND U.S. DOLLARS ($1000.00 USD).

C. State Law Waiver

In entering into this release you expressly waive any protections (whether statutory or otherwise), including Section 1542 of the California Civil Code if applicable (and any other comparable statute), that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Section 1542 of the California Civil Code reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

10. Indemnification

To the fullest extent permitted by applicable law, you agree to hold harmless, indemnify, and defend the Cybervance Parties from and against any and all claims (including liabilities, fines, damages, losses, costs, expenses, and reasonable attorneys’ fees) arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your Posting of User Content (including any claims that such User Content violates or infringes any third party’s intellectual property, proprietary or privacy rights or rights of publicity), (iii) your acts or omissions during use of the Website, (iv) your unauthorized acts or omissions during use of the Website, or (v) your use of the Website.

You will have the right to defend and compromise such claim at your expense for the benefit of the Cybervance Parties; provided, however, you will not have the right to obligate the Cybervance Parties in any respect in connection with any such settlement without the written consent of the indemnified party; provided, further, Cybervance will have the right to participate in the defense of such claim at its expense using counsel of its choice. Notwithstanding the foregoing, if you fail to assume your obligation to defend or if Cybervance elects to defend such claims itself, the Cybervance Parties may do so to protect their interests and you will reimburse all costs incurred by the Cybervance Parties in connection with such defense.

11.Governing Law and Venue

This Agreement will be governed by and interpreted under the laws of the state of Maryland, without regard to its choice of law provisions. Venue for any litigation arising hereunder shall be the courts in and for Montgomery County, Maryland, or the U.S. District Court for the District of Maryland, and the parties irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts. By mutual agreement, user and Cybervance may submit any dispute to arbitration or mediation; each party shall bear its own costs of any arbitration or mediation and shall share costs equally. User acknowledges that breach may cause irreparable harm to Cybervance for which money damages would be inadequate, and Cybervance shall be entitled to obtain timely injunctive relief, in addition to any and all remedies available at law.

12. Digital Millennium Copyright Act Procedure

Cybervance respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Website in a way that constitutes copyright infringement may notify Cybervance’s designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications of claimed infringement should be

forwarded to Cybervance’s designated agent as follows:

Jeffrey Stern
Cybervance, Inc.
10401 Connecticut Avenue
Suite 102
Kensington, MD 20895
301-476-1100
admin@cybervance.com

After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.

Counter-Notification. If you posted or submitted material to Cybervance which Cybervance removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to Cybervance’ designated agent listed above:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Cybervance may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.

If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in 10 to 14 business days after our designated agent’s receipt of the counter-notification, at our sole discretion.

Cybervance reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.

13. Hyperlinks

A link from the Website to a non-Cybervance website does not mean that Cybervance endorses or accepts any responsibility for the content, functioning, policies, or use of such Website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever website or other online materials that you select for use are free of viruses and other items of a destructive nature. Additionally, we suggest you review the linked site’s terms of service and privacy policy, and if you do not agree to be bound by the terms of that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties. Cybervance expressly disclaims any liability related to such sites. Cybervance also prohibits unauthorized hypertext links to the Website or the framing of any content available through the Website. Cybervance reserves the right to disable any unauthorized links or frames.

14. Miscellaneous Terms

This Agreement represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between Cybervance and you is not one of a legal partnership or employment relationship. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

15. Contact Us

If you have any questions or need to contact us for any reason relating to this Agreement, please e-mail: admin@cybervance.com.

You may also send us mail at the following address:

Cybervance, Inc.
10401 Connecticut Ave.
Suite 102
Kensington, MD 20895