Introduction and Scope
The terms herein constitute an agreement between You and Optiv Security, Inc. ("OPTIV") that describes the terms of service ("Terms") for which You may use the services offered on the OPTIV website ("OPTIV Site"). YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE OPTIV WEBSITE, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF SERVICE AND ANY ADDITIONAL TERMS THAT APPLY.
OPTIV reserves the right to revise these site Terms at any time by posting an update to this page. Your continued use of the OPTIV Site following the posting of changes to these Terms will mean You accept those changes.
Monitoring. Optiv has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, Optiv reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content at its sole discretion.
You acknowledge that OPTIV shall have the right to terminate Your access to the OPTIV Site for violations of any of these rules, including repeat infringement of copyrights.
DISCLAIMER: EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPTIV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. OPTIV MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. OPTIV SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
Your Use and Conduct
Personal, Non-Commercial Use: The OPTIV Site is made available for Your personal, non-commercial use only. Except as provided by specific terms governing a specific service, product, or information, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or services obtained from the OPTIV Site.
No Unlawful or Prohibited Use: You agree that You will not use the OPTIV Site or the information, products, or services available from them for, or to further, any unlawful purpose. Additionally, You will NOT:
1. Upload, post, email, transmit, or otherwise make available any content that:
a. Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or harmful to another party;
b. You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
c. Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of another party;
d. Is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," website links, or any other form of content for the purpose of solicitation;
e. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
f. Consists of forged or manipulated information that disguises the true origin of any content You provide; or
g. Impersonates another person or entity, including, but not limited to, a OPTIV employee, forum leader, guide or host, or falsely states or otherwise misrepresents Your affiliation with a person or entity.
2. Collect or store personal data about other users in connection with any prohibited conduct and activities;
3. Use the OPTIV Site in any manner that could damage, disable, overburden, or impair any OPTIV server, or network(s) connections; disobey any requirements, procedures, policies, or regulations of networks connected to the OPTIV Site; or interfere with any other party's use and enjoyment of the OPTIV Site;
4. Attempt to gain unauthorized access to the OPTIV Site content, other accounts, computer systems, or networks connected to any OPTIV server through hacking, password mining, scraping, or by any other means to obtain any materials or information not intentionally made available on the OPTIV Site;
5. Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; or
6. Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Optiv, Inc. Intellectual Property Rights: All content and services on the OPTIV Site, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other website materials (the "Materials") are the intellectual property of OPTIV, its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission OPTIV.
Third-Party Content and Links: Portions of the OPTIV Site may display content provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase their products or services. As consideration for Your convenience in making this third-party content available or accessible to You, You acknowledge that OPTIV is not responsible for the third-party content. You also agree that OPTIV IS NOT responsible or liable for any losses or damages You experience with any third-party content You chose to rely upon or advertisements You respond to, and that You must contact the third party directly for any remedies that may be available to You.
Governing Law: These Terms and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of Missouri without giving effect to its conflict of laws provisions or Your actual state or country of residence. If for any reason, a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.