Conditions of Use
Last updated: May 10, 2019.
Welcome to FightCyber.com. Counter Measures Security, LLC provides this website and features and other products and services to you when you visit or shop at FightCyber.com, use FightCyber products or services, use FightCyber applications or software provided by FightCyber in connection with any of the foregoing.This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
This Agreement may be modified at any time for any reason by Counter Measures Security upon posting of the modified Agreement. Any such modifications shall be effective immediately. Counter Measures Security may provide notice of these changes by any reasonable means, including by providing notice through the Site. You can view the most recent version of these terms at any time right here. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership and License to Access. Unless otherwise indicated in writing by us, all content included on this Site is and shall continue to be the property of Counter Measures Security or its content suppliers and is protected under applicable copyright, patent, trademark, and other U.S. and International proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal or commercial use of the Site, Content, and Software. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Counter Measures Security or any third-party, whether by estoppel, implication or otherwise. This license is revocable at any time.
You acknowledge and agree that the Services provided by this Site and any necessary applications and software used in connection with any Services (“Software”) contain proprietary and confidential information that is the property of Counter Measures Security and its licensors and is protected by applicable intellectual property and other laws. No rights or title to any of the Software used in connection with any Service is provided, transferred or assigned to you. Reproduction or redistribution of the Software not in accordance with these Terms, other terms to which you have agreed, or expressly permitted by the license agreement accompanying such software, is expressly prohibited by law, and may result in severe civil and criminal penalties.
You further acknowledge and agree that content contained in advertisements or information presented to you through any Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Counter Measures Security or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.
4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.
5. Trademarks. Counter Measures Security and others are either trademarks or registered trademarks of Counter Measures Security, LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners. You acknowledge Counter Measures Security’s exclusive rights in the Counter Measures Security trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Counter Measures Security or the party that provided such intellectual property to Counter Measures Security. Counter Measures Security and any party that provides intellectual property to Counter Measures Security retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.
6. Personal and Commercial Use of Website. Counter Measures Security is for your personal and commercial use, unless otherwise specified. You may not use any Service provided by the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Counter Measures Security. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or Services obtained from or otherwise connected to this website.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
8. Indemnification. You agree to indemnify and hold Counter Measures Security, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third-parties arising out of your use of any content or information or Service accessed from this Site.
9. Disclaimer. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COUNTER MEASURES SECURITY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COUNTER MEASURES SECURITY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COUNTER MEASURES SECURITY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COUNTER MEASURES SECURITY MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ANY SERVICE, OR ITS CONTENT. COUNTER MEASURES SECURITY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE.
10. Limitation of Liability. COUNTER MEASURES SECURITY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COUNTER MEASURES SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR COUNTER MEASURES SECURITY WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COUNTER MEASURES SECURITY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COUNTER MEASURES SECURITY FOR THE USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Applicable Law. You agree that the laws of the state of Pennsylvania, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Counter Measures Security or its affiliates. Failure of Counter Measures Security to enforce any of these Terms will not be considered a waiver.
13. Notice. All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Counter Measures Security at the Contact Information listed below. Any notices to you may be made via either e-mail or postal mail to the address in Counter Measures Security’s records or via posting on the Site. Please report any violations of these Terms to Counter Measures Security at the Contact Information listed below.
14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Waiver. The failure of Counter Measures Security to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Counter Measures Security must be in writing and signed by an authorized representative of Counter Measures Security.
16. Modification and Termination of the Website. Counter Measures Security reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any Service provided by the website (or any part thereof) with or without notice. You agree that Counter Measures Security will not be liable to you or any third-party for any modification, suspension or discontinuance of the website or any Service.
17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
18. No Resale. You are not permitted to resell or otherwise use the Services for commercial purposes.
19. Special Admonitions for International Use. This Site is hosted in the United States of America and is intended for use by residents of the United States of America only. All matters relating to the Site are governed exclusively by the laws the State of Pennsylvania in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
20. Linked Sites. Counter Measures Security has not reviewed all the websites linked to the Site and are not responsible for the content of any third-party pages, any other websites linked to the Site, or any products or services offered by third-parties linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Counter Measures Security. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Counter Measures Security reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Counter Measures Security. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
22. Contact Information.
Counter Measures Security, LLC
168 W. Ridge Pike, Suite 208
Limerick, PA 19468, USA
Attention: Web Marketing