4A SECURITY TERMS OF USE

Thank you for visiting www.4ASecurity.com, a web site (the “Site”) controlled and operated by 4A Security, LLC DBA 4A Security (“4A Security” or “we” or “us”).

YOUR ACCEPTANCE OF TERMS. Please read these terms of use (“Terms of Use”) carefully before using the Site, because they affect your legal rights and obligations. If you do not agree with any of these Terms of Use please do not use this Site. Users of this site will be deemed to have irrevocably agreed to the terms set forth in Section 1 of these Terms of Use. Some areas of this Site are restricted and are subject to additional terms and conditions, as set forth in Section 2 of these Terms of Use. Such additional terms will not change or replace these Terms of Use regarding use of this Site, unless otherwise expressly stated.

SECTION 1. TERMS OF USE APPLICABLE TO ALL USERS.

  1. REVISION OF TERMS. Please note that 4A Security may revise in part or in whole, for any reason at any time, any of these Terms of Use without notice by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on June 10, 2013.
  2. REVISION OF SERVICE. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use. 4A Security may also revise this Site or its contents and make changes to its products and/or services, whether described on this website or not.
  3. USER RESTRICTIONS. You may access and display Material and all other content published on this Site for non-commercial use. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by us. Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. 4A Security may terminate your access to all or part of this site at any time. You may not store, modify, reproduce, transmit, or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site is prohibited. The systematic retrieval of data from the Website is also prohibited. Under no circumstances are you permitted to represent 4A Security’s content as your own work or to use the content unless you have 4A Security’s written permission. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of 4A Security is strictly prohibited.
  4. TRADEMARKS AND COPYRIGHTS. The Material and other content of this Site is protected by copyright laws, patents, trade secrets or other proprietary rights (collectively, “Copyrights”). Some of the marks, logos or other images incorporated by us on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by us or others (“Trademarks”). 4A Security grants you a non-exclusive, non-transferable, limited right to download small portions of this Website for your informational, non-commercial use, provided that you not modify or publish it in any media and that you leave all the copyright notices, including 4A Security’s mark, copyright management information, and any other proprietary notices intact. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of such downloading activities. We respect the intellectual property rights of others and ask users of this Site to do the same. You acknowledge that, unless otherwise specifically designated, (such as photographs individually identified as licensed under the ©© Creative Commons License <http://creativecommons.org/licenses/by-sa/3.0/legalcode>), 4A Security is the sole owner of all intellectual property rights to this Site and its contents, including but not limited to graphics, design, photographs, layout, audio and video files or other files or software available for download. 4A Security grants you a non-exclusive, non-transferable, limited right to access, view, display and use this Website. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.
  5. PRIVACY POLICY.  Any information that you provide to us is subject to our Privacy Policy which can be found at http://www.4ASecurity.com/privacy-policy/ and is incorporated into these Terms.  The Privacy Policy explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Site, you signify your agreement to this Privacy Policy. When you provide us with personal information, you agree to be accurate and truthful to the best of your knowledge.
  6. DISCLAIMER OF WARRANTIES.  YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS SITE AND 4A Security DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEMS INTEGRATION, AND ACCURACY, ALL OF WHICH 4A Security EXPRESSLY DISCLAIMS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4A Security DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT AND 4A Security WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. 4A Security MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY WEB SITES LINKED TO THE SITE WILL BE UNINTERRUPTED, CORRECT, ACCURATE, RELIABILE, OR OTHERWISE ERROR-FREE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY 4A Security. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
  7. LIMITATION OF LIABILITY. YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ACCESS TO, OR INABILITY TO ACCESS THE SITE, USE OF OR RELIANCE ON THE CONTENT (EVEN IF 4A Security HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES)OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF 4A Security HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY 4A Security. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
  8. LOCAL REGULATIONS. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in.
  9. INDEMNIFICATION. You agree to defend, indemnify and hold harmless 4A Security and its officers, directors, managers, members, employees, agents, advisors, licensors, distributors, suppliers and affiliates from and against any and all claims, actions, demands, liabilities, damages, costs, losses, expenses or settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your breach of any of the foregoing provisions, representations or warranties, or any additional rules provided on or through our site or your violation or infringement of any third-party right, and/or from your placement or transmission of any content you share, and/or from any and all use of your account.
  10. THIRD-PARTY LINKS. This Site may link you to other Third-Party sites on the Internet for your convenience. 4A Security makes no endorsements, representations or warrantees, express or implied about such Third-party sites and is not responsible for, nor able to control such websites. Such third-party sites accessed through 4A Security’s web site are independent of 4A Security and you access them at your own risk. By including a link to a Third-party website, 4A Security does not signal endorsement or acceptance of responsibility for the content, or use, of such web sites. You acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, reliability of information, data, opinions, advice or statements contained on such third-party websites, nor the copyright compliance, legality, decency, or any other aspect of the content of such sites. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from us. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Please read the terms of use policies of any third-party website you may link to from our Website. This Terms of Use policy applies only to 4A Security’s Website and the products and services 4A Security offers. You may not link to the 4A Security Website without 4A Security’s express written permission. If you are interested in linking to our Website, please contact us at info@4ASecurity.com  4A Security reserves the right to terminate any link or linking program at any time.
  11. SEPARATE AGREEMENTS: You may have already entered into other agreements with 4A Security. Such agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with 4A Security.
  12. GOVERNING LAW: These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York.  Any claim relating to this site, and/or the use of the materials contained herein including these Terms of Use shall be governed in all respects by the laws of the State of New York, without regard to conflicts of laws principles. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. You agree to submit to the exclusive jurisdiction of the state and federal courts located in New York, for the resolution of any and all disputes arising out of or relating to your use of 4A Security’s Site.
  13. ARBITRATION: Any dispute of any kind between you and 4A Security, and any of its managers, members, affiliates, agents and advisors arising under these Terms of Use or this website shall be resolved by binding arbitration in New York, New York, pursuant to the JAMS Streamlined Arbitration Rules and Procedures. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator shall be a retired judge or justice of any New York state or federal court and shall follow New York law in adjudicating the dispute.
    All information relating to or disclosed by any party in connection with the arbitration of any disputes here under shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. 
    Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
  14. SEVERABILITY: If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. Any failure on our part to enforce any provision of this agreement will not be construed as a waiver of our right to enforce such provision. Our rights under this agreement will survive any termination of this agreement. This is the entire and exclusive agreement between you and us relating to the matters contained herein.  This agreement supersedes and replaces any prior agreements between you and us regarding the Site.
    You agree that any cause of action related to or arising out of your relationship with us must commence within one (1) year after the cause of action accrues.
  15. ASSIGNMENT. We may assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent.  You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.
  16. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT. 

(a)   Termination of Repeat Infringer Accounts.  We respect the intellectual property rights and others and request that you do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers.  We may terminate access for users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b)   DMCA Take-Down Notices.  If you are a copyright owner or agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to our designated Copyright Agent listed below:

    1. The date of your notification;
    2.  A description of the copyrighted work that you claim has been infringed;
    3. The exact URL or a description of each place where alleged infringing material is located that is sufficient to enable us to locate such work;
    4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
    5. A statement by you that you have a good faith belief that the disputed use has not been authorized by the copyright owner, its agent, or the law;
    6. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
    7. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent
Joshua Sessler
jsessler@cdas.com
We seek to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

SECTION 2. TERMS OF USE FOR REGISTERED USERS ONLY

  1. SITE REGISTRATION. To access some of the resources this Site has to offer, you may be asked to register with the Site. It is a condition of use of this section of the Site that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
  2. USER NAMES & PASSWORDS. In order to register for use of this section of the Site, you must choose a Username and Password. You shall be responsible for the security of your Username and Password. We shall be entitled to monitor your Username and Password and, at 4A Security’s discretion, require you to change it. If you use a Username and Password that we consider insecure, we will be entitled to require this to be changed and/or terminate your account. You may not select or use a User Name of another person with the intent to impersonate that person; Use a name subject to the rights of any other person without authorization; Use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
    Users must notify 4A Security of any known or suspected unauthorized use(s) of their Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of their password. You shall be responsible for maintaining the confidentiality of your password. 
  3. SECURITY. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
    4A Security does not warrant that the availability of the services provided by the Website will be uninterrupted or that the Materials contained on the website will be error-free, that defects will be corrected or that this service or the server that makes it available will be restored.
  4. RESPONSIBLE USE. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You may not use the 4A Security Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by us) or privately transmitted on or through this Site are the sole responsibility of the sender, not us, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at 4A Security’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Questions, Concerns or Complaints
If you have any issues or complaints with respect to the Site and/or these Terms of use, please contact us at info@4ASecurity.com.