Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS.
RISK BASED SECURITY, INC. (“RBS”) IS WILLING TO GRANT TO YOU, AS THE INDIVIDUAL, COMPANY, OR OTHER LEGAL ENTITY, (“YOU” OR “YOUR”), THE RIGHT TO ACCESS AND USE ALL OR PART OF THIS SITE ON THE CONDITION THAT YOU ACCEPT ALL TERMS OF USE DEFINED BELOW.
These Terms of Use apply to your access to, and use of, this site and including http://www.riskbasedsecurity.com; https://vulndb.cyberriskanalytics.com; https://cyberriskanalytics.com; and https://www.yourciso.com (together with its sub-domains, Content, Marks and services, the “Site”). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with RBS and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Site.
- Background. The Site is intended to provide information about RBS, RBS products and services.
- Modification. RBS reserves the right, at RBS’ discretion, to change these Terms at any time. Such change will be effective seven (7) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
- Ability to Accept Terms. The Site is only intended for individuals aged 18 years or older. If you are under 18 years please do not visit or use the Site.
- Site Access. For such time as these Terms are in effect, RBS hereby grants you permission to visit and use the Site provided, that you comply with these Terms and applicable law.
- Restrictions. You shall not: (i) reverse engineer, decompile, disassemble, deconstruct, or otherwise attempt to derive the sources or underlying information, structure, ideas or methodology of the Site and its Content, (defined below); (ii) use any Content to build a product or service that competes with the RBS product; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or that enforce limitations on using of the Site; (vi) release benchmarks, comparisons, or evaluations of the Content to which You gain access; (vii) remove any proprietary notices or labels regarding the RBS Products; (viii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content except as expressly authorized by a License Agreement signed by RBS.
- Licensing. If you want to purchase a subscription to one of RBS’ products, you may acquire a license suitable to your needs from the available licensing options you may contact RBS at [email protected]. You will need to agree to the applicable License Agreement and its Terms and Conditions (“License Agreement”).
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Intellectual Property Rights.
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Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content”), and (ii) the trademarks, service marks and logos contained therein (the “Marks”), are the property of RBS and are protected by applicable copyright or other intellectual property laws and treaties. “Risk Based Security®”, “VulnDB®”, “YourCISO®”, “Cyber Risk Analytics®”, “Better Data Matters®”,“Not just security, the right security®”.
All trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of RBS. RBS reserves all rights not expressly granted in and to the Site and the Content. - Use of Content. Content on the Site is provided to you for your information and evaluation only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever unless expressly authorized by a License Agreement signed by RBS. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. Furthermore, any Content you download or print from the Site must be deleted after your evaluation.
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Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content”), and (ii) the trademarks, service marks and logos contained therein (the “Marks”), are the property of RBS and are protected by applicable copyright or other intellectual property laws and treaties. “Risk Based Security®”, “VulnDB®”, “YourCISO®”, “Cyber Risk Analytics®”, “Better Data Matters®”,“Not just security, the right security®”.
- Information Description. RBS attempts to be as accurate as possible. However, RBS cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. RBS reserves the right to make changes in or to the Content, or any part thereof, in RBS’ sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- Links. The Site may contain links to third party websites that are not owned or controlled by RBS. RBS is not affiliated with, has no control over, and assumes no responsibility for the content, privacy policies, or practices of, any third-party websites. RBS encourages you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.
- Privacy. RBS will use any personal information that RBS may collect or obtain in connection with the Site in accordance with RBS privacy policy which is available at https://www.riskbasedsecurity.com/privacy-policy-2. You agree that RBS may use personal information that you provide or make available to RBS in accordance with the Privacy Policy.
- Disclaimer Of Warranty. YOU ACKNOWLEDGE AND AGREE THAT THE SITE and its Content IS BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED).
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Limitation of Liability. You assume the entire risk of using the Site.
IN NO EVENT SHALL RBS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THIS SITE OR ITS CONTENT, THE USE OF THE SITE OR THE INABILITY TO USE THE SITE, EVEN IF RBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RBS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW. - Indemnity. You agree to defend, indemnify and hold harmless RBS and RBS respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, but not limited to, attorney’s fees) arising from your use of, or inability to use, the Site or your violation of these Terms.
- Term and Termination. These Terms are effective until terminated by RBS or you. RBS, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). RBS shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site and immediately delete any Content you downloaded or printed from the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 14 and Sections 7 (Intellectual Property Rights), 11 (Disclaimer of Warranty), 12 (Limitation of Liability), 13 (Indemnity), and 15 (Independent Contractors) and 17 (General) shall survive termination of these Terms.
- Independent Contractors. You and RBS are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and RBS.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
- General. RBS reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and RBS shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Richmond, Virginia and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that RBS may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and RBS concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.