TERMS OF USE
These Terms of Use are made as of this day, by and between Checkpoint Secure , a Florida corporation ("Checkpoint Secure"), and you.
BY USING ANY WEBSITES OR ELECTRONIC SERVICES OFFERED BY Checkpoint Secure (THE "SERVICE;"), OR BY ELECTRONICALLY CLICKING AN "I ACCEPT" BUTTON OR CHECKBOX IN THE REGISTRATION PAGES OF THE SERVICES, YOU ARE HEREBY AGREEING TO THESE TERMS OF SERVICE (THE "TERMS") AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE.
APPLICABILITY OF THESE TERMS OF USE; AMENDMENT TO THESE TERMS OF USE
These Terms of Use sets forth the terms and conditions that apply to your access and use of www.CheckpointSecure.com.
Checkpoint Secure may amend or revise these Terms of Use at any time. By using this site, you agree to be bound by the Terms of Use as in effect from time to time. Please review the Terms of Use regularly. Your continued access and use of www.CheckpointSecure.com following the posting of any such changes shall be deemed your acceptance of the same.
ENTIRE AGREEMENT
You acknowledge that these Terms constitute the entire agreement between you and Checkpoint Secure. You agree that these terms supersede any prior agreements or statements made verbally or in writing.
TERM AND TERMINATION
You agree that the initial term of this agreement shall be twelve (12) months and shall remain in effect for as long after that as you subscribe to, renew, or use the Services. You agree that this agreement can only be terminated by you once you have stopped using the Services and have paid all monies owed to Checkpoint Secure. You agree that your termination request must be delivered via telephone. You agree that Checkpoint Secure can terminate this agreement at any time for any reason, with or without cause. Re-subscription shall again be subject to these or modified Terms in effect at the time of re-subscription. The Account Holder's account will automatically renew on a yearly basis, unless either party suspends or terminates the account in advance of the monthly renewal date agreed to by the parties.
GOVERNING LAW; JURISDICTION AND VENUE
These Terms of Use are to be governed and construed in accordance with the laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms of Use, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms of Use by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Broward County, Florida. The arbitrator shall be selected by you and Checkpoint Secure, and if you and Checkpoint Secure are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Checkpoint Secure and your and Checkpoint Secure's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Checkpoint Secure be entitled to punitive damages and both you and Checkpoint Secure hereby waive your and Checkpoint Secure's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Identification of IP Addresses.
(a) Because of the sensitive nature of performing security checks on IP addresses, Account Holder represents and warrants that it has full right, power, and authority to consent to have the service test for vulnerabilities ("scan") the IP addresses identified to Checkpoint Secure for scanning, whether electronically or by any other means, whether at the time of initial purchase or thereafter. Account Holder further agrees to immediately notify Checkpoint Secure if, at any time, it changes the IP address of its primary website or any other that it has contracted with Checkpoint Secure to scan Without limiting any other remedy that Checkpoint Secure may have, Account Holder agrees to indemnify and hold Checkpoint Secure, its employees, board of directors, shareholders and its partners harmless from and against any and all liabilities, losses, damages, costs and expenses, including without limitation reasonable attorneys' fees and costs, incurred by Checkpoint Secure, its employees, board of directors or shareholders, or such partner resulting from Account Holder’s breach of this section. (b) Account Holder also acknowledges and agrees that the scanning of such IP addresses may expose vulnerabilities and in some circumstances could result in the disruption of services at such site(s).
OWNERSHIP, INTELLECTUAL PROPERTY AND LINKS
TRADEMARKS: The Service is owned and operated by Checkpoint Secure. The trademarks, logos, service marks (the "Marks") displayed on the Website are owned by Checkpoint Secure. Your use of the Website or the Service confers no rights to the Marks and you may not use, reproduce or display a Mark without its Checkpoint Secure's prior written consent.
Right to Display the Checkpoint Secure Certification Seals
You agree to place the HTML source code only on sites provided by Checkpoint Secure for the display of the Checkpoint Secure Certification seals. You agree to only place this HTML code on sites that are approved by Checkpoint Secure. The Checkpoint Secure Certification seals shall at all times be served only from Checkpoint Secure's designated servers and remain under the full control of Checkpoint Secure. Checkpoint Secure shall have the right to discontinue the serving of the Checkpoint Secure Certification seals should any Web site, or other device being scanned that is used in connection with the Web site or its services fail to meet the Checkpoint Secure certification guidelines. Removal of Checkpoint Secure Certification seals for reasons stated in the previous sentence does not relieve any financial obligation you have to Checkpoint Secure nor does it constitute any responsibility for Checkpoint Secure to provide refunds during the time that the seals are not displayed. Should you discontinue services with Checkpoint Secure you agree to immediately remove all HTML source code supplied by Checkpoint Secure from your servers. You are prohibited from using the Checkpoint Secure Certification seals for or on behalf of any other organization or in connection with any domain name and/or organization name other than those approved by Checkpoint Secure, and enrolled and established under your customer account. The Checkpoint Secure Certification Seals shall reside on Checkpoint Secure's server. You will not alter the Checkpoint Secure's seals in any form, change the data contained within the image, change the file name of the image, or artificially change the size or shape of the image(s).
COPYRIGHTS
The Website and all its contents ("Content") are copyrighted, and such copyrights are owned by Checkpoint Secure or the author of such content. You are permitted to view, print, and/or distribute Content in hard copy from the Website provided that:
(1) you use the Content for your personal or internal business use and not for any purpose contrary to Checkpoint Secure's commercial interests;
(2) you do not copy, use or place any Content on any network or other website for any purpose other than as contemplated by this agreement.
(3) you do not modify, alter, or create derivative works of, the Content; and
(4) you include Checkpoint Secure's copyright notice on such Content as follows: Copyright Checkpoint Secure, Inc., All Rights Reserved.
RIGHTS AND MARK
Except as expressly provided herein, nothing included in the Website or the Service is intended, nor shall be construed, as conferring any rights under any Mark, copyright, or patent.
LINKS TO THIRD-PARTY SITES
The Website may contain links to third-party sites. You acknowledge and agree that Checkpoint Secure is not responsible or liable for the content, information, services, or products of such third-party sites. You expressly assume all risk of accessing third-party sites. Links to a third-party site do not constitute endorsement of that site by Checkpoint Secure.
Acknowledgement and Consent to Intrusion.
Customer understands and acknowledges that the Evaluation Services (i) will be inherently invasive and intrusive, and include attempts by Checkpoint Secure or its Agents, as applicable, to gain unauthorized access to Customer's Systems in an effort to make Customer aware of those areas in which Customer's System is vulnerable to intrusion, damage, and/or unauthorized use, (ii) may result in inadvertent damage to Customer's System as a result of dissimilarities among network systems, (iii) may cause excessive amounts of log messages resulting in excessive disk space consumption, (iv) may cause degradation of Customer's System as a result of attempts to penetrate it including, but not limited to possible "slowdowns", "hanging" or "crashing" of Customer's System, possible failure of Customer's System as a result of attempts to invade it, or any other damage resulting from intrusive and/or invasive techniques used to gain access to Customer's System. Customer hereby gives its informed consent to intrusion into Customer's Systems by Checkpoint Secure and its Agents for the sole purpose of performing the Evaluation Services provided herein.
REGISTRATION AND PAYMENT FOR THE SERVICE
a. ACCOUNTS and ACCOUNT HOLDERS:
These Terms of Use are made as of this day, by and between the Checkpoint Secure , a Florida corporation ("Checkpoint Secure"), and the account holder. You agree to provide truthful and accurate account information for purposes of registration to use the Service and creation of a Checkpoint Secure Member.
b. PASSWORD AND SECURITY
An Account Holder must select the login names for each "Account Holder." The Account Holder is solely responsible for all activity of the Account Holders it has authorized to use its Checkpoint Secure Account. Confidentiality of the passwords and login names is the sole responsibility of the Account Holder. The Account Holder agrees to immediately notify Checkpoint Secure if the security of his/her account is compromised.
You acknowledge and agree Checkpoint Secure is not liable for any damages resulting from any other parties use of access of account holders account regardless of whether other parties use or access is with or without the Account Holder's knowledge or consent. Account Holder may end authorization by administrating the user through the Website or by providing notice to support@CheckpointSecure.com. Such notice will be effective upon confirmation by Checkpoint Secure, via email, of receipt.
c. PAYMENT
Payment shall be due for Checkpoint Secure on either a monthly or yearly basis depending on which method the Account Holder has agreed to.
d. DEFAULT
Account Holder will be in default under these Terms if it (1) fails to pay any amount when due, (2) fails to comply with any provision of these Terms, or (3) makes any representation that is or becomes inaccurate or untrue. Upon default, Checkpoint Secure may (1) terminate all or any part of the Service, and/or (2) take any other lawful action Checkpoint Secure deems appropriate to enforce Account Holder's performance of these Terms and/or obtain damages for Account Holder's breach. In the event of default, Account Holder agrees to pay all costs and reasonable attorney's fees Checkpoint Secure incurs in enforcing its rights or collecting payment under this Agreement.
e. SALES/USE TAXES
Account Holder will pay all sales or use taxes, if any, as billed by Checkpoint Secure. Account Holder will also pay all other local, state or federal taxes arising out of its use of Services (excluding any income taxes), and Account Holder will provide Checkpoint Secure with written proof of payment upon request.
f. BILLING INFORMATION
Account Holder agrees to supply Checkpoint Secure with any changes to information, such as credit card information, used for billing purposes in a timely manner. Failure to provide this information may result in suspension or termination of the Account Holder's Service account.
g. LIMITATION ON CLAIMS
Account Holder agrees not to make claims for billing errors occurring more than 90 days prior to the date of claim. All bills are considered final after 90 days.
h. CHANGE OF FEES
Checkpoint Secure may change fees at any time upon notice to Account Holder. For existing Account Holders, the change will take effect on the next renewal cycle after notice is given to the Account Holder.
i. TERMINATION OR SUSPENSION OF ACCOUNT
Checkpoint Secure may choose to discontinue or suspend an Account at any time, without cause or prior notice. Upon termination, the Account Holder will be responsible for current charges up to and including the day of termination, including outstanding balances and late fees.
Severability
You agree that if any term or provision of this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.
Waiver of Rights
You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.
Confidentiality
You will, by using the services or by contact with Checkpoint Secure employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans ("Confidential Information") is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.
Force Majeure.
Neither party shall be liable (except for nonpayment) for interruptions, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof caused or occasioned by, or due to fire, flood, water, earthquake, the elements, acts of God, war and threat of imminent war, terrorism, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond the either parties' reasonable control. The party so delayed or prevented from performing shall exercise good faith efforts to remedy any such cause of delay or cause preventing performance.
Limitations on Liability; Disclaimer
BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE CONTENT IS PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
Checkpoint Secure SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS ARISING OUT OF Checkpoint Secure'S SERVICES PROVIDED HERE UNDER.
Warranty and Disclaimer.
The Checkpoint Secure Mark(s) is licensed "AS IS" with no warranty of any kind. Checkpoint Secure disclaims all express and implied warranties, including the implied warranties of merchantability, fitness for a particular use and non-infringement.
Indemnification by Checkpoint Secure Account Holder.
Account Holder will defend, indemnify and hold Checkpoint Secure, and its officers, directors, employees and representatives, harmless from and against any liability, damages, costs and expenses, including without limitation reasonable attorneys' fees, in connection with any third party claims against Checkpoint Secure, its officers, directors, employees or representatives, arising from or relating to the services, Account Holder's use of the Checkpoint Secure Mark(s) (except for claims that the Checkpoint Secure Mark(s) or use of the Checkpoint Secure Mark(s) infringes any trademark, service mark or certification mark rights of third parties) or Account Holder's failure to maintain the privacy or security of any data or other information; provided that Checkpoint Secure (i) provides prompt written notice of any such claim, action or demand; (ii) provides Account Holder, at Account Holder's request, with reasonable assistance in the defense of such claim, action or demand, so long as Account Holder reimburses Checkpoint Secure for Checkpoint Secure's reasonable out-of-pocket expenses associated therewith; and (iii) Account Holder may not settle a claim in a manner that causes Checkpoint Secure to incur unindemnified liability, take action, or suffer other injury, without Checkpoint Secure's written consent, which consent shall not unreasonably be withheld.
Checkpoint Secure's Services are provided on an "As Is, As Available" basis without any warranty of any kind. You understand that assessing computer security is highly complex and changeable. Checkpoint Secure makes no warranty that the Services will find every vulnerability in your network or server(s), or that the solutions suggested and advice provided in this report will be complete or error-free. Checkpoint Secure shall be held harmless and free from all liabilities for any use or application of the information provided by Checkpoint Secure in connection with using the services. Additionally, Checkpoint Secure makes no warranty that the services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. You are solely responsible for any damage to your Devices as a result of using the services. Checkpoint Secure MAKES NO WARANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.
Questions, Comments & Complaints
Checkpoint Secure encourages you to provide Checkpoint Secure with feedback regarding this Terms of Use Policy. If you have questions, comments or concerns regarding this Terms of Use Policy, please contact support@CheckpointSecure.com or send mail to the following address: Checkpoint Secure Inc. PO Box 970837 Coconut Creek, Florida 33097
Miscellaneous
The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.
These Terms of Use are made as of this day, by and between Checkpoint Secure , a Florida corporation ("Checkpoint Secure"), and you.
BY USING ANY WEBSITES OR ELECTRONIC SERVICES OFFERED BY Checkpoint Secure (THE "SERVICE;"), OR BY ELECTRONICALLY CLICKING AN "I ACCEPT" BUTTON OR CHECKBOX IN THE REGISTRATION PAGES OF THE SERVICES, YOU ARE HEREBY AGREEING TO THESE TERMS OF SERVICE (THE "TERMS") AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE.
APPLICABILITY OF THESE TERMS OF USE; AMENDMENT TO THESE TERMS OF USE
These Terms of Use sets forth the terms and conditions that apply to your access and use of www.CheckpointSecure.com.
Checkpoint Secure may amend or revise these Terms of Use at any time. By using this site, you agree to be bound by the Terms of Use as in effect from time to time. Please review the Terms of Use regularly. Your continued access and use of www.CheckpointSecure.com following the posting of any such changes shall be deemed your acceptance of the same.
ENTIRE AGREEMENT
You acknowledge that these Terms constitute the entire agreement between you and Checkpoint Secure. You agree that these terms supersede any prior agreements or statements made verbally or in writing.
TERM AND TERMINATION
You agree that the initial term of this agreement shall be twelve (12) months and shall remain in effect for as long after that as you subscribe to, renew, or use the Services. You agree that this agreement can only be terminated by you once you have stopped using the Services and have paid all monies owed to Checkpoint Secure. You agree that your termination request must be delivered via telephone. You agree that Checkpoint Secure can terminate this agreement at any time for any reason, with or without cause. Re-subscription shall again be subject to these or modified Terms in effect at the time of re-subscription. The Account Holder's account will automatically renew on a yearly basis, unless either party suspends or terminates the account in advance of the monthly renewal date agreed to by the parties.
GOVERNING LAW; JURISDICTION AND VENUE
These Terms of Use are to be governed and construed in accordance with the laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms of Use, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms of Use by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Broward County, Florida. The arbitrator shall be selected by you and Checkpoint Secure, and if you and Checkpoint Secure are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Checkpoint Secure and your and Checkpoint Secure's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Checkpoint Secure be entitled to punitive damages and both you and Checkpoint Secure hereby waive your and Checkpoint Secure's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Identification of IP Addresses.
(a) Because of the sensitive nature of performing security checks on IP addresses, Account Holder represents and warrants that it has full right, power, and authority to consent to have the service test for vulnerabilities ("scan") the IP addresses identified to Checkpoint Secure for scanning, whether electronically or by any other means, whether at the time of initial purchase or thereafter. Account Holder further agrees to immediately notify Checkpoint Secure if, at any time, it changes the IP address of its primary website or any other that it has contracted with Checkpoint Secure to scan Without limiting any other remedy that Checkpoint Secure may have, Account Holder agrees to indemnify and hold Checkpoint Secure, its employees, board of directors, shareholders and its partners harmless from and against any and all liabilities, losses, damages, costs and expenses, including without limitation reasonable attorneys' fees and costs, incurred by Checkpoint Secure, its employees, board of directors or shareholders, or such partner resulting from Account Holder’s breach of this section. (b) Account Holder also acknowledges and agrees that the scanning of such IP addresses may expose vulnerabilities and in some circumstances could result in the disruption of services at such site(s).
OWNERSHIP, INTELLECTUAL PROPERTY AND LINKS
TRADEMARKS: The Service is owned and operated by Checkpoint Secure. The trademarks, logos, service marks (the "Marks") displayed on the Website are owned by Checkpoint Secure. Your use of the Website or the Service confers no rights to the Marks and you may not use, reproduce or display a Mark without its Checkpoint Secure's prior written consent.
Right to Display the Checkpoint Secure Certification Seals
You agree to place the HTML source code only on sites provided by Checkpoint Secure for the display of the Checkpoint Secure Certification seals. You agree to only place this HTML code on sites that are approved by Checkpoint Secure. The Checkpoint Secure Certification seals shall at all times be served only from Checkpoint Secure's designated servers and remain under the full control of Checkpoint Secure. Checkpoint Secure shall have the right to discontinue the serving of the Checkpoint Secure Certification seals should any Web site, or other device being scanned that is used in connection with the Web site or its services fail to meet the Checkpoint Secure certification guidelines. Removal of Checkpoint Secure Certification seals for reasons stated in the previous sentence does not relieve any financial obligation you have to Checkpoint Secure nor does it constitute any responsibility for Checkpoint Secure to provide refunds during the time that the seals are not displayed. Should you discontinue services with Checkpoint Secure you agree to immediately remove all HTML source code supplied by Checkpoint Secure from your servers. You are prohibited from using the Checkpoint Secure Certification seals for or on behalf of any other organization or in connection with any domain name and/or organization name other than those approved by Checkpoint Secure, and enrolled and established under your customer account. The Checkpoint Secure Certification Seals shall reside on Checkpoint Secure's server. You will not alter the Checkpoint Secure's seals in any form, change the data contained within the image, change the file name of the image, or artificially change the size or shape of the image(s).
COPYRIGHTS
The Website and all its contents ("Content") are copyrighted, and such copyrights are owned by Checkpoint Secure or the author of such content. You are permitted to view, print, and/or distribute Content in hard copy from the Website provided that:
(1) you use the Content for your personal or internal business use and not for any purpose contrary to Checkpoint Secure's commercial interests;
(2) you do not copy, use or place any Content on any network or other website for any purpose other than as contemplated by this agreement.
(3) you do not modify, alter, or create derivative works of, the Content; and
(4) you include Checkpoint Secure's copyright notice on such Content as follows: Copyright Checkpoint Secure, Inc., All Rights Reserved.
RIGHTS AND MARK
Except as expressly provided herein, nothing included in the Website or the Service is intended, nor shall be construed, as conferring any rights under any Mark, copyright, or patent.
LINKS TO THIRD-PARTY SITES
The Website may contain links to third-party sites. You acknowledge and agree that Checkpoint Secure is not responsible or liable for the content, information, services, or products of such third-party sites. You expressly assume all risk of accessing third-party sites. Links to a third-party site do not constitute endorsement of that site by Checkpoint Secure.
Acknowledgement and Consent to Intrusion.
Customer understands and acknowledges that the Evaluation Services (i) will be inherently invasive and intrusive, and include attempts by Checkpoint Secure or its Agents, as applicable, to gain unauthorized access to Customer's Systems in an effort to make Customer aware of those areas in which Customer's System is vulnerable to intrusion, damage, and/or unauthorized use, (ii) may result in inadvertent damage to Customer's System as a result of dissimilarities among network systems, (iii) may cause excessive amounts of log messages resulting in excessive disk space consumption, (iv) may cause degradation of Customer's System as a result of attempts to penetrate it including, but not limited to possible "slowdowns", "hanging" or "crashing" of Customer's System, possible failure of Customer's System as a result of attempts to invade it, or any other damage resulting from intrusive and/or invasive techniques used to gain access to Customer's System. Customer hereby gives its informed consent to intrusion into Customer's Systems by Checkpoint Secure and its Agents for the sole purpose of performing the Evaluation Services provided herein.
REGISTRATION AND PAYMENT FOR THE SERVICE
a. ACCOUNTS and ACCOUNT HOLDERS:
These Terms of Use are made as of this day, by and between the Checkpoint Secure , a Florida corporation ("Checkpoint Secure"), and the account holder. You agree to provide truthful and accurate account information for purposes of registration to use the Service and creation of a Checkpoint Secure Member.
b. PASSWORD AND SECURITY
An Account Holder must select the login names for each "Account Holder." The Account Holder is solely responsible for all activity of the Account Holders it has authorized to use its Checkpoint Secure Account. Confidentiality of the passwords and login names is the sole responsibility of the Account Holder. The Account Holder agrees to immediately notify Checkpoint Secure if the security of his/her account is compromised.
You acknowledge and agree Checkpoint Secure is not liable for any damages resulting from any other parties use of access of account holders account regardless of whether other parties use or access is with or without the Account Holder's knowledge or consent. Account Holder may end authorization by administrating the user through the Website or by providing notice to support@CheckpointSecure.com. Such notice will be effective upon confirmation by Checkpoint Secure, via email, of receipt.
c. PAYMENT
Payment shall be due for Checkpoint Secure on either a monthly or yearly basis depending on which method the Account Holder has agreed to.
d. DEFAULT
Account Holder will be in default under these Terms if it (1) fails to pay any amount when due, (2) fails to comply with any provision of these Terms, or (3) makes any representation that is or becomes inaccurate or untrue. Upon default, Checkpoint Secure may (1) terminate all or any part of the Service, and/or (2) take any other lawful action Checkpoint Secure deems appropriate to enforce Account Holder's performance of these Terms and/or obtain damages for Account Holder's breach. In the event of default, Account Holder agrees to pay all costs and reasonable attorney's fees Checkpoint Secure incurs in enforcing its rights or collecting payment under this Agreement.
e. SALES/USE TAXES
Account Holder will pay all sales or use taxes, if any, as billed by Checkpoint Secure. Account Holder will also pay all other local, state or federal taxes arising out of its use of Services (excluding any income taxes), and Account Holder will provide Checkpoint Secure with written proof of payment upon request.
f. BILLING INFORMATION
Account Holder agrees to supply Checkpoint Secure with any changes to information, such as credit card information, used for billing purposes in a timely manner. Failure to provide this information may result in suspension or termination of the Account Holder's Service account.
g. LIMITATION ON CLAIMS
Account Holder agrees not to make claims for billing errors occurring more than 90 days prior to the date of claim. All bills are considered final after 90 days.
h. CHANGE OF FEES
Checkpoint Secure may change fees at any time upon notice to Account Holder. For existing Account Holders, the change will take effect on the next renewal cycle after notice is given to the Account Holder.
i. TERMINATION OR SUSPENSION OF ACCOUNT
Checkpoint Secure may choose to discontinue or suspend an Account at any time, without cause or prior notice. Upon termination, the Account Holder will be responsible for current charges up to and including the day of termination, including outstanding balances and late fees.
Severability
You agree that if any term or provision of this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.
Waiver of Rights
You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.
Confidentiality
You will, by using the services or by contact with Checkpoint Secure employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans ("Confidential Information") is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.
Force Majeure.
Neither party shall be liable (except for nonpayment) for interruptions, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof caused or occasioned by, or due to fire, flood, water, earthquake, the elements, acts of God, war and threat of imminent war, terrorism, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond the either parties' reasonable control. The party so delayed or prevented from performing shall exercise good faith efforts to remedy any such cause of delay or cause preventing performance.
Limitations on Liability; Disclaimer
BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE CONTENT IS PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
Checkpoint Secure SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS ARISING OUT OF Checkpoint Secure'S SERVICES PROVIDED HERE UNDER.
Warranty and Disclaimer.
The Checkpoint Secure Mark(s) is licensed "AS IS" with no warranty of any kind. Checkpoint Secure disclaims all express and implied warranties, including the implied warranties of merchantability, fitness for a particular use and non-infringement.
Indemnification by Checkpoint Secure Account Holder.
Account Holder will defend, indemnify and hold Checkpoint Secure, and its officers, directors, employees and representatives, harmless from and against any liability, damages, costs and expenses, including without limitation reasonable attorneys' fees, in connection with any third party claims against Checkpoint Secure, its officers, directors, employees or representatives, arising from or relating to the services, Account Holder's use of the Checkpoint Secure Mark(s) (except for claims that the Checkpoint Secure Mark(s) or use of the Checkpoint Secure Mark(s) infringes any trademark, service mark or certification mark rights of third parties) or Account Holder's failure to maintain the privacy or security of any data or other information; provided that Checkpoint Secure (i) provides prompt written notice of any such claim, action or demand; (ii) provides Account Holder, at Account Holder's request, with reasonable assistance in the defense of such claim, action or demand, so long as Account Holder reimburses Checkpoint Secure for Checkpoint Secure's reasonable out-of-pocket expenses associated therewith; and (iii) Account Holder may not settle a claim in a manner that causes Checkpoint Secure to incur unindemnified liability, take action, or suffer other injury, without Checkpoint Secure's written consent, which consent shall not unreasonably be withheld.
Checkpoint Secure's Services are provided on an "As Is, As Available" basis without any warranty of any kind. You understand that assessing computer security is highly complex and changeable. Checkpoint Secure makes no warranty that the Services will find every vulnerability in your network or server(s), or that the solutions suggested and advice provided in this report will be complete or error-free. Checkpoint Secure shall be held harmless and free from all liabilities for any use or application of the information provided by Checkpoint Secure in connection with using the services. Additionally, Checkpoint Secure makes no warranty that the services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. You are solely responsible for any damage to your Devices as a result of using the services. Checkpoint Secure MAKES NO WARANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.
Questions, Comments & Complaints
Checkpoint Secure encourages you to provide Checkpoint Secure with feedback regarding this Terms of Use Policy. If you have questions, comments or concerns regarding this Terms of Use Policy, please contact support@CheckpointSecure.com or send mail to the following address: Checkpoint Secure Inc. PO Box 970837 Coconut Creek, Florida 33097
Miscellaneous
The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.
