Terms & Conditions

These Terms of Use / Terms & Conditions ("Agreement") govern your access to and use of the websites at www.culpersec.com (the "Site") provided by CulperSec. ("CulperSec," "we," or "us"). Please read this agreement carefully. By accessing or using the site, you represent and warrant that you are at least 18 years of age and you agree to be bound by this agreement. If you do not wish to be bound by this agreement or you are under 18 years of age, you may not access or use the site. If you are accessing or using the site on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this agreement, in which case "You" or "Your" will refer to such entity. CulperSec Privacy Policy at www.culpersec.com/privacy ("Privacy Policy") is incorporated by reference into this Agreement.

Proprietary Rights

  1. Ownership. CulperSec owns the Site, all Site Content, and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the Site or the Site Content is strictly prohibited. CulperSec reserves all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement.

  2. Use of the Service. Subject to the terms and conditions of this Agreement, CulperSec grants you during the term of this Agreement a limited, non-exclusive, non-transferable, revocable license to access and use the Site and download any content made available by CulperSec for download through the Site, in each case solely for (i) your personal, non-commercial purposes, if you are an individual, or (ii) your internal business purposes, if you are a company or other legal entity. You will not: (a) rent, lease, loan, sell, license, or transfer any aspect of the Site or content contained therein ("Site Content") to any third party; (b) interfere with, disrupt, alter, translate, or modify the Site or any part thereof, or create an undue burden on the Site or the networks or services connected to the Site; (c) reverse engineer, decompile, disassemble, or reverse compile the Site; or (d) introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or strip, scrape, or mine data from the Site.

  3. Feedback. CulperSec will treat any feedback or suggestions you provide to it as non-confidential and non-proprietary. You grant CulperSec the right to use any feedback or suggestions you provide in any manner and for any purpose without any obligation to compensate you.

Third Party Websites And Services

Our Site contains links to Internet sites and services maintained by third parties. These links are provided for your reference only. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for such information, products, or services. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. This Agreement and the Privacy Policy only apply to our Site and do not apply to any other site or service.

Availability And Modification Of Service

CulperSec reserves the right, from time to time, to suspend, modify, or discontinue the Site, in whole or in part, with or without notice. You agree that CulperSec will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Site, in whole or in part.

Warranty Disclaimer

To the extent permitted under applicable law, CulperSec provides the site and site content "AS-IS" and "AS AVAILABLE" and expressly disclaims all warranties, whether express, implied or statutory, including the warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement. CulperSec makes no warranty that the site or site content will be uninterrupted, free of viruses or other harmful code, timely, secure or error-free. CulperSec does not assume any obligation to monitor activities conducted on the site.

Limitation Of Liability

To the extent permitted under applicable law, (a) CulperSec will not be liable for a loss of use, lost profits, or indirect, consequential, exemplary, incidental, special or punitive damages in connection with the Site, site content, or this agreement, even if CulperSec has been advised of the possibility of such damages, and (b) CulperSec's total cumulative liability in connection with the Site, site content, and this agreement will at all times be limited to fifty U.S. dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. In no event will CulperSec's suppliers have a liability under or resulting from this agreement.

User Indemnification

You agree to indemnify and hold CulperSec, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney's fees, arising out of or relating to your: (a) User Content; (b) use of the Site; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of applicable laws or any of the rights of third parties.

All content on this website, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of CulperSec or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of CulperSec and is protected by U.S. and international copyright laws.

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this website or any portion of it unless expressly permitted by CulperSec in writing.

If you believe that any content on this site infringes upon your copyright, please contact us with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed;
  • The URL of the page on our website containing the material that you claim is infringing;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated agent for notice of claims of copyright infringement can be reached at [email protected].

Electronic Communications

The communications between you and CulperSec use electronic means, whether you use the Site or send us emails, or whether CulperSec posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from CulperSec in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CulperSec provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in hardcopy writing. The foregoing does not affect your non-waivable rights.

Governing Law; Mediation; Arbitration

This Agreement shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Delaware, without reference to its conflict of law principles.

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter through mediation. The mediation shall be conducted in Massachusetts by a mutually agreed-upon mediator.

If the dispute is not resolved through mediation, any unresolved controversy or claim arising from or relating to this Agreement shall be settled by binding arbitration. The arbitration shall be administered by a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties and shall take place in Massachusetts. The arbitration shall be conducted in accordance with the rules of the chosen arbitration provider.

The arbitration will be binding and will be conducted in one or more of the following manners at the option of the party initiating arbitration: in-person, telephone, online, or written submissions. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Each party shall bear its own costs and expenses (including attorney's fees) in connection with the mediation and arbitration, and shall share equally the fees and expenses of the mediator and arbitrator.

Notwithstanding the foregoing, CulperSec may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

General

  1. Severability: If any provision of this Agreement is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision will be severed from the Agreement, and the remaining provisions will remain in full force and effect.

  2. Waivers: Any waiver by CulperSec must be in writing. CulperSec's failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

  3. Intellectual Property Protection: You acknowledge that the Site and Site Content contain valuable trade secrets and proprietary information of CulperSec. Any actual or threatened breach of the content ownership provisions of this Agreement will constitute immediate, irreparable harm to CulperSec for which monetary damages would be an inadequate remedy, and injunctive relief is an appropriate remedy for such breach.

  4. Headings: Section headings are for convenience only and are not to be used in interpreting this Agreement.

  5. Inclusive Language: The terms "includes" and "including" are not limiting.

  6. Entire Agreement: This Agreement and the Privacy Policy constitute the final, complete, and exclusive agreement between the parties regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.

  7. Precedence: In the event of a conflict or inconsistency between the terms of this Agreement and any other document or communication, this Agreement will take precedence and govern.

Changes

We may amend this Agreement or the Privacy Policy from time to time. Any changes to this Agreement or the Privacy Policy will be effective immediately for all users of our Site. You are responsible at all times for understanding and familiarizing yourself with the Terms of this agreement. Continued use of our Site shall indicate your acknowledgement of, and agreement to be bound by, such changes.

CULPERSEC and other names, slogans, graphics, logos, and trade names used on the Site are the trademarks of CulperSec, Inc. and may not be used without CulperSec's permission. Third-party trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.