These Terms and Conditions are entered into by and between you and Arceo Labs, Inc., doing business as Resilience, including its subsidiaries and affiliates (collectively, the “Company” or “Resilience” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of this website and other websites operated or controlled by Resilience, including www.cyberresilience.com and portal.cyberresilience.com (collectively, the “Website”), including any content, functionality, and services offered on or through the Website, as well as any other media channel, mobile browser accessible website or mobile application related, linked, or otherwise connected thereto.
Reference to “you” or “your” in these Terms shall mean you, your authorized representatives, and any entity you may represent in connection with your use of the Website.
By using or accessing the Website, you accept the Terms and our Privacy Policy, which is incorporated herein by reference, and which form an agreement between you and the Company regarding your use of the Website. If you do not agree to these Terms, you must not use or access the Website.
Certain Website content may be subject to additional terms and conditions, either on a specific site or in a separate written agreement with the Company. The Company’s obligations regarding such content are solely defined in those separate agreements, and nothing in these Terms is intended to modify them.
If you have a separate, written agreement with the Company regarding your use of the Website, that agreement will govern to the extent it conflicts with or addresses the same subject matter as these Terms. In all other respects, these Terms will apply.
The Website is offered and available to users who are 18 years of age or older. By using this Website, you confirm that you are of legal age to form a binding contract with the Company.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
We will endeavor to draw material changes to your attention by posting a notice on the Website, but we shall not be required to do so, and it is your responsibility to check these Terms each time you use the Website. These Terms were last updated on the date mentioned at the top of these Terms.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website and any service or material we provide on the Website in our sole discretion, provided that we will use reasonable endeavors to give reasonable advance notice of any withdrawal or material amendment of the Website or its services. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion if, in our reasonable opinion, you have failed to comply with any provision of these Terms.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable national, regional, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or any other applicable countries).
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Website, any documentation provided on the Website, or any data related to the Website, except to the extent expressly permitted by applicable law.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring, copying, or mirroring any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
A violation of any of the foregoing is grounds for termination of your rights under these Terms.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Website.
These Terms permit you to use the Website for lawful purposes only. Except as expressly permitted below, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Use any part of the content on the Website for commercial purposes other than in connection with your own internal business use, without obtaining a prior written license to do so from us.
Trademarks
The Company name, and all related names, trade names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Intellectual Property and User Contributions
We recognize that users may provide feedback, suggestions, or other input regarding our Website from time to time. If you choose to submit, upload, or otherwise share any ideas, recommendations, or materials through the Website (“User Contributions”), you agree that: (i) you have the necessary rights to provide the User Contributions and they do not contain any confidential or proprietary information belonging to a third party; (ii) the User Contributions comply with these Terms; and (iii) no other party has rights that would prevent us from using the User Contributions as described herein.
By providing User Contributions, you hereby grant Resilience a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and incorporate the User Contributions into our Website, products, or services without any compensation or obligation to you. You confirm that you have all rights necessary to grant this license.
We are not responsible for maintaining or backing up any User Contributions and are not liable for any loss or deletion of such materials. You are solely responsible for the accuracy, legality, and completeness of any data or information you input into the Website.
Privacy Policy
Use of your personal information submitted to or via the Website is governed by our Privacy Policy.
Artificial Intelligence Features
The Website and portal may include artificial intelligence-powered features that generate automated responses and insights. AI-generated outputs are for informational purposes only and do not constitute professional, legal, insurance, or financial advice. You should independently verify any AI-generated output before relying on it. The Company makes no representation or warranty as to the accuracy, completeness, or reliability of any AI-generated content, and the disclaimers and limitations of liability in these Terms apply fully to all AI-generated outputs.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. While we try to ensure that all information contained on the Website (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed.
Any reliance you place on information contained on the Website is strictly at your own risk. Except to the extent provided in these Terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. Subject always to the provisions of the Limitation of Liability section of these Terms (which applies to this section), we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on any of the content on the Website.
The Website may include content provided by third parties. All statements and/or opinions expressed in these materials other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Third-Party Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval or endorsement by us of those linked websites or any information you may obtain from them. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Global Access
The Website is controlled, operated and administered by the Company in the United States. Users accessing the Website from jurisdictions outside the United States are responsible for their own compliance with all applicable local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
To the fullest extent permitted by applicable law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the server that makes the Website available is free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
To the fullest extent permitted by applicable law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, satisfactory quality, non-infringement, and fitness for a particular purpose.
The foregoing does not affect any warranties or statutory rights that cannot be excluded or limited under applicable law.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any third-party services, software, or content linked to or integrated with the Website, or any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The Company disclaims all liability for the performance, security, accuracy, reliability, or availability of any third-party services or integrations, including third-party software, cloud services, or external websites linked to the Website; data or content provided by third parties; and security incidents resulting from third-party vulnerabilities or misuse of credentials.
Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter for which it would be unlawful for us to exclude or limit liability.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Nothing in this section affects any mandatory provisions of the law of any other applicable jurisdiction that apply to these Terms regardless of the governing law chosen by the parties.
Any legal suit, claim, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in a court of competent jurisdiction in the State of Delaware. To the extent permitted by applicable law, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Nothing in this section affects any rights you may have under applicable law to bring proceedings in your jurisdiction which cannot be waived.
If you are located in the United States, at Company’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Delaware law.
If you are located in the United States, to the fullest extent permitted by law, you agree that any dispute, claim, or controversy shall be conducted solely on an individual basis and not as a class action, class arbitration, or other representative proceeding. A court or arbitrator shall not consolidate claims or award relief to any person or entity other than the individual party to the dispute.
Compliance with Governing Law
Notwithstanding anything in these Terms to the contrary, no provision of these Terms shall be construed to require any public entity, government agency, or other organization subject to statutory or regulatory restrictions to act contrary to applicable laws, regulations, or policies governing its operations. To the extent any provision of these Terms conflicts with such laws, regulations, or policies, that provision shall be deemed modified or waived, but only to the extent necessary to ensure compliance.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Contact
For any questions regarding these Terms, please contact us at legal@cyberresilience.com.