Terms and Conditions of Use Agreement

These Terms of Use were updated effective April, 2017.

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND INFOSEC CONNECT, LLC, AN IDAHO LIMITED LIABILITY COMPANY (“INFOSEC”), AND ARE DEEMED ACCEPTED BY YOU EACH TIME THAT YOU USE OR ACCESS THE WEBSITE OR INFOSEC SERVICES. IF YOU DO NOT ACCEPT THE TERMS STATED HERE, DO NOT USE THE WEBSITE AND THE SERVICES.

Understanding your rights and responsibilities as an Infosec user:

  1. PRIVACY REMINDER

Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.

  1. TERMS OF USE

This page states the Terms of Use (“Terms”) under which you (“You” or “Your”) may use the Website and the Services (each as defined below). By accessing or using the Service, you signify that you have read, understood and agree to be bound by this Terms and Conditions of Use Agreement (“Agreement”), whether or or not you are a registered user or customer of this Service.  These Terms include the Infosec Privacy Policy, http://infosecconnect.com/privacy-policy/, which is incorporated into these Terms by this reference.
The Website is defined as the website located at www.infosecconnect.com under Infosec’s control, and includes the applications and services offered by Infosec, including an on-line service to post and search employment opportunities and which may include third party applications (collectively, “Infosec Services”). The Website also allows users of the Website (“Users”) to create individual profiles, which may include personal information (”Profiles”). You agree and acknowledge that your Profile shall be accessible to all Users who subscribe to the Infosec Services as an employer or potential employer.

Infosec may revise these Terms (including the Privacy Policy and any Specific Terms of Service) at any time and from time to time by posting an updated version of these Terms to the Website. You should visit this page periodically to review the most current Terms because they are binding against You. Your continued use of the Service after any such change constitutes your acceptance of the revised Terms of Use. If you do not agree to any of these terms or any future Agreements, do not use or access (or continue to access) the Service. This Agreement applies to all employers, companies, job seekers, visitors, employees, contractors and any others who visit the website and/or access the Service (“Users”).

Certain features of the Service may also have their own specific terms and conditions that you agree to when you sign up for that particular product, function, or service (“Specific Terms of Service”). A Specific Terms of Service supplements this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific Terms of Service, the conflicting term in the Specific Terms of Service will control but only with respect to the applicable product, function or service. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.

This Agreement contains an Arbitration provision, which will, with limited exception, require you to submit disputes you have against InfoSec Connect to binding and final arbitration. You will only be permitted to pursue claims against InfoSec Connect on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

  1. USE OF INFOSEC CONNECT SERVICE

The job posting, resume database (“Infosec Resume Database”) and other features of the Website may be used only by individuals seeking employment and/or career information and by employers seeking employees. Your use of the Infosec Services is also subject to any other contracts You may have with Infosec. In the case of any conflict between these Terms and any contract You have with Infosec, the terms of your contract will prevail. The term “post” as used herein will mean information that You submit, publish or display on the Website.
You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You will be responsible for all uses of Your Website registrations and passwords, whether or not authorized by You. You agree to immediately notify Infosec of any unauthorized use of Your account, Profile, or passwords.

 

A. Eligibility

You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with InfoSec Connect, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by InfoSec Connect, unless we provide such Users with specific written authorization to re-use the Service. If you use InfoSec Connect on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. You must not be a competitor of InfoSec Connect or use our Service for reasons that are in competition with InfoSec Connect or otherwise to replicate some or all of the Service for any reason.

B.  ALL INFOSEC USERS AGREE TO NOT:

(a) transmit, post, distribute, store or destroy material, including without limitation Infosec Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Infosec’s privacy policy;

(b) take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;

(c) use any device to navigate or search the Website other than the tools available on the Website, generally available third party web browsers, or other tools approved by Infosec.

(d) use any data mining, robots or similar data gathering or extraction methods;

(e) violate or attempt to violate the security of the Website including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

(g) reverse engineer or decompile any parts of the Website;

(h) aggregate, copy or duplicate in any manner any of the Infosec Content or information available from the Website, including expired job postings, other than as permitted by these Terms;

(i) frame or link to any Infosec Content or information available from the Website, unless permitted by these Terms;

(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;

(k) post any resume or Profile or apply for any job on behalf of another party;

(l) defer any contact from an employer to any agent, agency, or other third party;

(m) share with a third party any login credentials to the Website

(n) access data not intended for You or logging into a server or account which You are not authorized to access;

(o) post or submit to the Website any incomplete, false or inaccurate biographical information or information which is not Your own;

(p) post content that contains restricted or password-only access pages, or hidden pages or images;

(q) solicit passwords or personally identifiable information from other Users;

(r) delete or alter any material posted by any other person or entity;

(s) harass, incite harassment or advocate harassment of any group, company, or individual;

(t) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;

(u) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;

(v) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or

(w) use the Infosec Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Infosec’s discretion.

 

Violations of system or network security may result in civil and/or criminal liability. Infosec will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

 

C. SERVICE FUNCTIONALITY

The Service gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts or services for different types of Users. You may never use another User’s account without permission.

In some parts of the Service, we may ask for your consent to contact you by telephone. By granting such consent, you authorize InfoSec Connect to contact you by telephone at the number(s) you have provided. You may revoke consent to be contacted by telephone by contacting us and including the wording “Revocation of Telephone Consent” in the subject line. Consent to being contacted by telephone is not required as a condition of using the Service or of purchasing any other property, goods, or services from InfoSec Connect.

By using the Service, you acknowledge that we do not have control over the quality, timing, or legality of the information uploaded to the Service or requested by Users. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Job Seekers, Prospective Employees, Employees or Employers.

You agree that Your use of the Infosec Services may include access and use of third-party applications provided through the Website (the “Third Party Applications”). You acknowledge and agree that InfoSec Connect may use third party vendors and/or partners to provide the Service (or any portion of the Service) to you and share personal information with such third parties as necessary in order to provide the Service to you and your Employees.  You acknowledge and agree that the Third Party Applications are provided by third party providers. To the extent that any Third Party Application requires You to obtain a license, You acknowledge and agree to obtain any necessary license from the respective third party provider.

Users who violate these Terms may have their access and use of the Website suspended or terminated, at Infosec’s discretion.

You may not use the Profiles to determine a consumer’s eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.

  1. USER CONTENT

The Service may allow Users to post content that may be viewable by other Users, including job and company information, job postings, application information, logos, trademarks, comments, questions, and other content or information (“User Content”).

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you submit or post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. If you are an Employer uploading a job posting to the Service, you further agree that such job posting shall not contain any personally identifiable information. InfoSec Connect reserves the right, but is not obligated, to reject and/or remove any User Content that InfoSec Connect believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit or post, that the use by InfoSec Connect of your User Content will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, your User Content and any other information that you provide to us is truthful and accurate.

InfoSec Connect takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You agree that InfoSec Connect is only acting as a passive conduit for the online distribution and publication of your User Content, and has no obligation to screen job postings, or any other type of content or information. However, InfoSec Connect may review and not display on, or remove any content from, the Service that (w) violates this Agreement or any other agreement you have with InfoSec Connect, or violates applicable laws, rules or regulations, (x) is abusive, disruptive, offensive or illegal, (y) violate the rights of, or harms or threatens the safety of, InfoSec Connect users or members or (z) was purchased by fraudulent credit cards.

You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that InfoSec Connect shall not be liable for any damages you allege to incur as a result of User Content.

  1. END USER LICENSE GRANT

 

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Service. InfoSec Connect reserves all rights not expressly granted herein in the Service and the InfoSec Connect Content. InfoSec Connect may terminate this license at any time for any reason or no reason.

  1. USE OF INFOSEC CONNECT CONTENT

Infosec authorizes You, subject to these Terms, to access and use the Website and the Infosec Content (as defined below) and to download and print a single copy of the content available on or from the Website. The contents of the Website, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Infosec content (collectively, “Infosec Content”), are protected under copyright, trademark and other laws. All Infosec Content is the property of Infosec or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Infosec and is protected by copyright, trademark, and other laws. Unauthorized use of the Infosec Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Infosec Content on any authorized copy You make of the Infosec Content.

 

Any source code that Infosec creates to generate or display any Infosec Content or the pages making up the Website is also protected by Infosec’s copyright and You may not copy or adapt such source code.

You agree not to sell or modify the Infosec Content or reproduce, display, publicly perform, distribute, or otherwise use the Infosec Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Website, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Infosec or its licensors, that dilutes the strength of Infosec’s or its licensor’s property, or that otherwise infringes Infosec’s or its licensor’s intellectual property rights. You further agree to in no other way misuse Infosec Content. The use of the Infosec Content on any other application, website or in a networked computer environment for any purpose is prohibited. Any code that Infosec creates to generate or display any Infosec Content or the pages making up any application or service is also protected by Infosec’s copyright and You may not copy or adapt such code.

You agree that any feedback, comments, or suggestions you may provide regarding InfoSec Connect or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

  1. USER CONTENT LICENSE GRANT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through the Website (“User Content”) is your sole responsibility. Infosec claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright rights to any User Content you submit, post or display on or through Infosec and You are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Infosec, you grant Infosec a worldwide, expressly grant, and represent and warrant that you have a right to grant, to InfoSec Connect, a world wide royalty-free, sublicensable (including to other users and in the case of job posting content, to Distributors defined below), non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public posting and or otherwise providing any User Content, you transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, adapt, list information regarding, edit, translate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed. This license continues even if you stop using our Service, and if you are an Employer, you acknowledge and agree that InfoSec Connect has no obligation, and may be unable, to remove your job postings (including any intellectual property contained therein) once they have been (i) distributed to Distributors, (ii) listed in search engine results, or (iii) incorporated into fixed media displays of InfoSec Connect or Distributors, and in each case (i) to (iii) above, the license grant from you above will be perpetual and irrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by InfoSec Connect to identify you as a Service User as contemplated by the Service. Further, to the extent you have given InfoSec Connect the right to access certain User Content that is present on another website or service you own or control, you give InfoSec Connect the right to scrape such website as required to retrieve such User Content for use on the Service as contemplated in the license grants above.

 

You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of the Website, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Website retains any and all rights that may exist in such User Content. Infosec may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the Website. Infosec reserves the right to expel Users and prevent their further access to the Website and/or use of Infosec Services for violating the Terms or applicable laws, rules or regulations. Infosec may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Infosec, damage Infosec’s brand or public image, or cause Infosec to lose Users or (in whole or in part) the services of its ISPs or other suppliers. Infosec reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.

 

Infosec does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Infosec endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.

The following is a partial list of User Content that is prohibited. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that, in Infosec’s sole discretion:

  1. is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  2. harasses, incites harassment or advocates harassment of any group or individual;
  3. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
  4. promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; • promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
  5. contains restricted or password only access pages, or hidden pages or images;
  6. displays or links to pornographic, indecent or sexually explicit material of any kind;
  7. provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
  8. provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
  9. solicits passwords or personal identifying information from other Users.

Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.

You may not include, in any User Content, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our Infosec Users from commercial advertising or solicitation, Infosec reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which Infosec deems appropriate in its sole discretion.

Profiles derived from User Content may also be made available through the Website. Infosec does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content

  1. ADDITIONAL TERMS APPLICABLE TO EMPLOYERS

The provisions of this Section of the Agreement are specific to Users that use the Service as Employers (which includes direct employers, staffing agencies, and other companies using the Service).

Employers are solely responsible for their postings on the Website. Infosec is not to be considered to be an employer with respect to Your use of the Website and Infosec will not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Website.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Infosec, including but not limited to, saved resumes, contacts, and email mailing lists, will be marked as deleted in and may be deleted from Infosec’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Infosec’s web servers.
In order to protect our Infosec Users from commercial advertising or solicitation, Infosec reserves the right to restrict the number of e-mails which an employer may send to Users to a number which Infosec deems appropriate in its sole discretion. You will use the Infosec Profiles in accordance with all applicable privacy and data protection laws.

A.  JOB POSTINGS

When using the Service, you are responsible for ensuring that your use of the Service is in compliance with applicable local, national and international laws, regulations and executive orders, including, without limitation, those related to labor and employment (including but not limited to anti-discrimination, affirmative action, and in the case of Services provided in the U.S., the U.S. Equal Employment Opportunity Commission’s Uniform Guidelines on Employee Selection Procedures), data privacy, data access and use, and intellectual property. Customer acknowledges that U.S. job postings may not require U.S. citizenship or lawful permanent residence in the U.S. as a condition of employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state or local government contract.

As an Employer, you must also comply with the InfoSec Connect Job Quality & Inclusion Guidelines, including ensuring that all positions you post to the Service comply with such guidelines.

B.   A JOB POSTING MAY NOT CONTAIN:

(a) any hyperlinks, other than those specifically authorized by Infosec;

(b) misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Infosec’s reasonable discretion;

(c) the names, logos or trademarks of unaffiliated companies other than those of your customer, if applicable, unless where expressly agreed by Infosec;

(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;

(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;

(f) inaccurate, false, or misleading information; and

(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.

 

C.  YOU MAY NOT USE YOUR INFOSEC JOB POSTING OR INFOSEC PROFILES TO:

(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;

(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;

(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual requirement of the posted job;

(d) post jobs or other advertisements for competitors of Infosec or post jobs or other content that contains links to any site competitive with Infosec;

(e) sell, promote or advertise products or services;

(f) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;

(g) post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;

(h) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;

(i) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;

(j) post jobs on the Website for modeling, acting, talent or entertainment agencies or talent scouting positions;

(k) advertise sexual services or seek employees for jobs of a sexual nature;

(l) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;

(m) endorse a particular political party, political agenda, political position or issue;
(n) promote a particular religion;

(o) post jobs located in countries subject to economic sanctions of the United States Government; and

(p) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her  (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.

 

Infosec reserves the right to remove any job posting or content from the Website, which in the reasonable exercise of Infosec’s discretion, does not comply with the above Terms, or if any content is posted that Infosec believes is not in the best interest of Infosec.

 

If at any time during Your use of the Infosec Services, You made a misrepresentation of fact to Infosec or otherwise misled Infosec in regards to the nature of Your business activities, Infosec will have grounds to terminate Your use of the Infosec Services.

D.  EMPLOYER JOB POSTINGS DISTRIBUTION

If you create an Employer Account to post a job opening, we will make reasonable efforts to distribute your job posting to third-party services or job boards, or in job alert emails (collectively, “Distributors”). However, you acknowledge and accept that we have no control over any Distributor and therefore, we provide no guarantee that your job post will be accepted by a Distributor or posted via a Distributor. You accept that a Distributor may not have an obligation to use or display your job post in their services, and may reject your job post for any reason, whether you are on a paid job posting plan or on a trial or free subscription, and even if you have paid for a “Premium Post”. You agree that InfoSec Connect is not liable to you or any third party if your job post is rejected or not posted, and you will not be entitled to any refund for jobs not posted or distributed. By posting your job, you give us permission to distribute your job posting to current and future Distributors and on the InfoSec Connect website. You acknowledge and agree that InfoSec Connect cannot be responsible, and disclaims all liability, for Distributors and their actions or omissions related to your job postings, including without limitation their availability, operations, features and functionality. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, Distributors may require that you agree to additional service policies in order to allow your job post to be distributed on their services. As a condition to the distribution of your job posting to a Distributor’s services, you hereby agree to such additional Distributor service policies as they apply to the distribution of your job posting through the applicable Distributor’s services.

E.  AUTHORIZED USERS

As an Employer, you are responsible for all activity, acts or omissions of any of your personnel that have an Account to use the Service (each, an “Authorized User”) and you agree to abide by the following rules:

  • Ensure that Accounts are not shared between your personnel or with any other third parties
  • Ensure that Accounts are not sold or licensed; you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the Service
  • Ensure that Authorized Users comply with this Agreement, and promptly notify InfoSec Connect of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account or any other known or suspected breach of security
  • Cooperate with InfoSec Connect with respect to: (i) investigation by InfoSec Connect of any suspected or alleged violation of this Agreement and (ii) any action by InfoSec Connect to enforce this Agreement. InfoSec Connect may suspend or terminate an Authorized User’s access to the Service in the event that InfoSec Connect reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.

 

F.  REMOVAL OF JOB LISTINGS

You acknowledge and agree that InfoSec Connect may, with no liability or penalty, remove any Job Listing, content, communication or information posted, which in the sole judgment of InfoSec Connect, violates or may violate this Agreement, the InfoSec Connect Job Quality & Inclusion Guidelines applicable laws, rules or regulations; third party terms, or may adversely affect InfoSec Connect; is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.

 

  1. PAID SERVICES:

THESE TERMS AND CONDITIONS (this “Agreement”) is entered into by and between INFOSEC CONNECT, LLC, an Idaho limited liability company (“Infosec”), and the purchaser (“Customer”) listed in the Electronic Quote and Order incorporated herein (the “Order”). Infosec and Customer are sometimes collectively referred to in this Agreement as the “parties” or individually as a “party.”

A.  PAYMENT PROCESSOR

You agree and acknowledge that Infosec uses a third party to process credit card payments. You hereby release Infosec for any liability arising out of any action or inaction by the third-party payment processor.

 

B.  BILLING POLICIES

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid features of the Service, you agree to the pricing and payment terms for the applicable Service, as we may update them from time to time. InfoSec Connect may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third party partners and you agree, that your use of such third party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that InfoSec Connect has no responsibility for such third party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

 

C.   NO REFUNDS

You may cancel your User account at any time; however, there are no refunds for cancellation. In the event that InfoSec Connect suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

 

D.  PAYMENT INFORMATION; TAXES

All information that you provide in connection with a purchase or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases or other monetary transaction interactions.

 

If at any time InfoSec Connect is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to InfoSec Connect upon written notice.

 

Delinquent payments bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by InfoSec Connect in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies.

 

  1. RESUME DATABASE

A.  USE OF THE INFOSEC RESUME DATABASE BY EMPLOYERS

 

You will use the Infosec Resume Database in accordance with these Terms and any contract You have with Infosec. You will use the Infosec Resume Database in accordance with all applicable privacy and data protection laws, and You agree You will not disclose any of the data from Infosec Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.

 

You will take appropriate physical, technical, and administrative measures to protect the data You have obtained from Infosec Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You will not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.

 

B.  Employers Will not Use the Infosec Resume Database:

(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;

(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or

(c) to use the Resume Database in any manner that, in the sole discretion of InfoSec Connect, adversely affects InfoSec Connect business, performance of the Service, or interferes with the ability, of others to access the Resume Database

(d) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.

 

C.  EMPLOYERS AGREE TO THE FOLLOWING TERMS

(a) The Resume Database shall only be used and accessed by you in accordance with privacy, data protection and other applicable laws and regulations

(b) You will respect the privacy choices of Job Seekers who have uploaded their information to the Resume Database

(c) You will remain primarily liable for all acts or omissions of Authorized Users and for any activity under your account

In order to ensure a safe and effective experience for all of our customers, Infosec reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in Infosec’s sole discretion from time to time.

  1. ADDITIONAL TERMS APPLICABLE TO JOB SEEKERS

When You register with the Website, You will be asked to create an account and provide Infosec with certain information including, without limitation, a valid email address (Your “Information”).

In order to register with the Website to seek employment opportunities, you must be an individual. Registered entities, such as corporations or limited liability companies, are prohibited from using the Website for purposes of seeking employment.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or other material You submit to the Website. You agree that your Profile shall be accurate and shall not contain any false or misleading information.

Infosec reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by Infosec or by third parties. Please see Infosec’s Privacy Policy http://infosecconnect.com/privacy-policy/, for further details regarding Your Information.

You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Infosec account or Your Infosec account is terminated, all Your account information from Infosec, including but not limited to, resumes, Profiles, cover letters, saved jobs, and questionnaires, will be marked as deleted in and may be deleted from Infosec’s databases and will be removed from any public area of the Website. Information may continue to be available for some period of time because of delays in propagating such deletion through Infosec’s web servers. In addition, third parties may retain saved copies of Your Information.

Infosec may, but shall not be required to, delete Your account and all of Your Information if you fail to login to Your account at any time during a 36 month period.

A.  INTERACTIONS WITH EMPLOYERS

You are solely responsible for your interactions with Employers that you contact, or that contact you. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or in a Job Application or resume that you provide through the Service. Only list the contact information that you are comfortable disclosing to Employers and other Users of the Service.

Although InfoSec Connect requests that Employers maintain the confidentiality of the Job Applications and resumes they receive through the Service, InfoSec Connect cannot and does not guarantee that the information you provide to Employers through the Service as part of a Job Application, onboarding process, employee or benefits management process, or via a resume, will be held in confidence or properly secured by each applicable Employer. In addition, InfoSec Connect takes no responsibility and assumes no liability for any Job Listing, onboarding or other employee-related documents, human resources information, or insurance information that any Employer posts, sends or provides via the Service. You agree that InfoSec Connect is not responsible or liable for the conduct of any Employer.

  1. IDENTIFICATION OF AGENT TO RECEIVE NOTIFICATION AND ELEMENTS OF NOTIFICATION OF CLAIMED COPYRIGHT OR TRADEMARK INFRINGEMENT.

If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to the Website and is accessible on the Website in a way that constitutes copyright or trademark infringement, please contact Infosec by email at info@infosecconnect.com or by certified mail at:

2635 South Channing Way, Garden Level Idaho Falls, Idaho 83404

  1. POLICY REGARDING TERMINATION OF USERS WHO INFRINGE THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS.

Infosec respects the intellectual property of others and asks its Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to Your use of the Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. Infosec reserves the right to terminate the accounts of any Users, and block access to the Website of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Infosec reserves the right, in its sole discretion, to take these actions to limit access to the Website and/or terminate the accounts at any time. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Infosec as set forth above.

  1. INFOSEC’S LIABILITY

The Website acts as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. Infosec does not screen or censor the listings, including Profiles offered. Infosec is not involved in, and does not control, the actual transaction between employers and candidates. As a result, Infosec is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Infosec makes no representations about any jobs, resumes or User Content on the Website. While Infosec reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Website from time to time, Infosec does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.

 

Infosec is not involved in the actual communications between Users. As a result, Infosec has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Website and makes no representations about any Profile or User Content on the Website.

Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the Website. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Website.

Because User authentication on the Internet is difficult, Infosec cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on the Website, You release Infosec (and its members, managers, agents, and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes of any kind to the fullest extent permitted by law.

The Website and the Infosec Content may contain inaccuracies or typographical errors. Infosec makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Infosec Content. The use of the Website and the Infosec Content is at Your own risk. Changes are periodically made to the Website and may be made at any time. Infosec cannot guarantee and does not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by a User from Infosec or through or from the Website will create any warranty not expressly stated herein.

Infosec encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event will Infosec be liable for the deletion, loss, or unauthorized modification of any User Content.

Infosec does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Website, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

If You believe that something on the Website violates these Terms please contact our designated agent set forth above.

If notified of any content or other materials which allegedly do not conform to these Terms, Infosec may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Infosec has no liability or responsibility to Users for performance or nonperformance of such activities.

  1. NO WARRANTY

INFOSEC CONNECT DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY INFORMATION, DOCUMENTS, OR MATERIAL THAT MAY BE POSTED ON, OR AVAILABLE THROUGH, THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE OR BE A SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, MEDICAL, LEGAL, TAX, INSURANCE, COMPLIANCE, OR OTHER ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INFOSEC CONNECT OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, INFOSEC CONNECT, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

TO THE FULLEST EXTENT POSSIBLE BY LAW, INFOSEC DOES NOT WARRANT THAT THE WEBSITE OR ANY INFOSEC SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE INFOSEC CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, INFOSEC IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND INFOSEC CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. INFOSEC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFOSEC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFOSEC CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

 

INFOSEC CONNECT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE INFOSEC CONNECT SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND INFOSEC CONNECT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

INFOSEC CONNECT DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. INFOSEC CONNECT SPECIFICALLY DISCLAIMS THAT INFOSEC CONNECT IS ANY MANNER ACTING AS, OR AGREES TO WARRANT ANY COMPLIANCE WITH THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (“ERISA”) OR OTHERWISE THAT INFOSEC CONNECT IS A FIDUCIARY, TRUSTEE, ‘ADMINISTRATOR’ OR ‘NAMED FIDUCIARY’ UNDER ANY CLIENT OR CLIENT ADMINISTERED, AUTHORIZED USER EMPLOYEE BENEFIT PLAN.

  1. DISCLAIMER OF CONSEQUENTIAL DAMAGES

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT WILL INFOSEC, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE INFOSEC CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INFOSEC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT POSSIBLE BY LAW, INFOSEC’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE INFOSEC CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

  1. AGREEMENT TO ARBITRATE

A.  BINDING ARBITRATION

This is referred to in this Agreement as the “Agreement to Arbitrate”. Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and InfoSec Connect or its affiliates, whether relating to the Service, this Agreement (including any alleged breach thereof), or otherwise (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and InfoSec Connect. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and InfoSec Connect may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

B.  RESTRICTIONS

You and InfoSec Connect agree that any arbitration shall be limited to the Dispute between InfoSec Connect and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

C.  EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION

You and InfoSec Connect agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or InfoSec Connect intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

D.  30 DAY RIGHT TO OPT OUT

You have the right to opt-out and not be bound by the arbitration provisions set forth above by sending written notice of your decision to opt-out to the InfoSec Connect contact information listed at the bottom of this Agreement. The notice must be sent to InfoSec Connect within thirty (30) days of your registering to use the Service or agreeing to these terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

 

E.  ATTORNEY’S FEES

In the event of any lawsuit, arbitration or other proceeding concerning this Agreement, the prevailing party will be entitled to recover its costs, expenses and reasonable attorneys’ fees from the non-prevailing party, whether such sums are expended with or without suit and regardless of the forum (including but not limited to recourse in connection with any arbitration, mediation, bankruptcy case or insolvency proceeding).

 

  1. LINKS TO OTHER SITES

The Website may contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Infosec of the contents on such third-party Web sites. Infosec is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third- party Web sites, You do so at Your own risk.

  1. NO RESALE OR UNAUTHORIZED COMMERCIAL USE

You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Website.

  1. INDEMNITY

You agree to defend, indemnify, and hold harmless Infosec, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to the Website, (ii) Your use of any Infosec Content, or (iii) Your breach of these Terms. Infosec will provide notice to You promptly of any such claim, suit, or proceeding.

  1. GENERAL

Infosec makes no claims or representations that the Infosec Content may be lawfully viewed or accessed outside of the United States. Access to the Infosec Content may not be legal by certain persons or in certain countries. If You access the Website You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

 

These Terms are governed by the internal substantive laws of the State of Idaho, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement will lie exclusively with the state or federal courts within Boise, Idaho. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term. In addition, Infosec’s failure to enforce any term of these Terms will not be deemed as a waiver of such term or otherwise affect Infosec’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Website, a particular “Legal Notice,” or software license or material on particular pages on the Website, these Terms constitute the entire agreement between You and Infosec with respect to the use of the Website. No changes to these Terms will be made except by a revised posting on this page.

You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

  1. TERM AND TERMINATION

These Terms will remain in full force and effect while You are a User or maintain a Profile on the Website. In the event of any breach of these Terms bv You or if Infosec is unable to very or authenticate any information You submit to the Website, Infosec reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to, removal of Your User Content from the Website and immediate termination of Your registration with or ability to access the Website and/or any other services provided to You by Infosec. Even after You are no longer a User of the Website, certain provisions of these Terms will remain in effect.

  1. ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by InfoSec Connect without restriction.

  1. RELATIONSHIP OF THE PARTIES

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

  1. NOTIFICATION PROCEDURES

InfoSec Connect may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by InfoSec Connect in its sole discretion. InfoSec Connect reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. InfoSec Connect is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. ENTIRE AGREEMENT/SEVERABILITY

This Agreement, together with any amendments and any additional agreements you may enter into with InfoSec Connect in connection with the Service, shall constitute the entire agreement between you and InfoSec Connect concerning the Service. Unless specifically provided herein, this Agreement contains all the understandings and representations between Infosec and Customer pertaining to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.  If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

  1. NO WAIVER

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and InfoSec Connect’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

  1. RELIANCE

Each party is entering into this Agreement solely in reliance on its own knowledge, belief and judgment after a full opportunity to consult with counsel, and no party has relied on any representation or warranty of any other party not expressly set forth in this Agreement.

  1. COUNTERPARTS; ELECTRONIC EXECUTION AND DELIVERY

This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which taken together will constitute one and the same instrument. This Agreement may be executed and delivered by email, facsimile, or similar electronic means, with the same legal effect as manual execution and physical delivery.

 

  1. ELECTRONIC TRANSACTION

The parties to this Agreement expressly agree to conduct this transaction electronically under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 and the Uniform Electronic Transactions Act, Idaho Code Ann. § 28-50-101 et seq., as amended or substituted.

 

  1. CONTACT

If you have any questions about this Agreement, the practices of this site, or your dealings with this website, please contact us at info@infosecconnect.com, or send mail to:

InfoSec Connect, Inc.
2635 South Channing Way, Garden Level Idaho Falls, Idaho 83404