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The Site and Services offer what amounts to a primer for very complex and technical areas that are subject to change at times and may even be interpreted differently by professionals and experts in the field. As such, the information is designed for educational or informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE PROFESSIONAL OR LEGAL ADVICE OR ANY INFORMATION PROVIDED BY THE PCI SECURITY STANDARDS COUNCIL , THE U.S. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST), OR THE EUROPEAN DATA PROTECTION SUPERVISOR SITE (THE EU’S INDEPENDENT DATA PROTECTION AUTHORITY) OR THEIR DESIGNEES. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE CONTENT ON THE SITE OR SERVICES, YOU SHOULD CONSULT WITH THE PCI SECURITY STANDARDS COUNCIL’S SITE FOR PCI-DSS https://www.pcisecuritystandards.org/ , The NIST site for Cyber Security https://www.nist.gov/topics/cybersecurity.com ,or for GDPR – The European Data Protection Supervisor (The EU’s Independent Data Protection Authority), https://edps.europa.eu/ ,OR WITH YOUR OWN LEGAL COUNSEL WHO IS KNOWLEDGEABLE REGARDING THE APPLICABLE STANDARDS, PRACTICES, OR REGULATIONS,. DO NOT DISREGARD, AVOID OR DELAY OBTAINING DATA SECURITY OR LEGAL ADVICE FROM A PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR OBTAINED THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Site or available through any Service is intended to be, and must not be taken to be, legal advice or counsel. No assurance can be given that the information contained in the Site or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Site and the Services does not create in any way a confidential, attorney-client or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors or Licensees. Although we have attempted to work with only reputable vendors in the field, there is no substitute for your own research into the merits of these companies and their products. We do not recommend or endorse any specific products or other information that may appear on the Site or Services. If you rely on any of the information provided by this Site or the Services, our employees, third party contractors, or guests or visitors to the Sites, you do so solely at your own risk.
You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site and Services. You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, EXCELACA, LLC is not responsible for the security of any information transmitted to or from the Site. EXCELACA, LLC reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.
You have designated an accurate and secure URL address to receive for your records an email from Excelaca™ which presents the Assessment questions along with your answers to the Assessment. You acknowledge and agree that EXCELACA, LLC cannot guarantee the confidentiality of any such communication or material, and that neither EXCELACA, LLC nor its Licensors, Licensees, Customers, Suppliers , Vendors or Third-Party Content Providers and any of their Affiliates, Agents, and Employees bear responsibility for the security of any information contained therein.
This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with these TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of EXCELACA, LLC, its Licensors or our content providers. In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; 2. Access the Site or Services by any means other than through the standard industry-accepted or EXCELACA, LLC-provided interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any author attributions, legal notices or proprietary designations or labels; 5. Violate any applicable local, state, provincial, national or international law, rule or regulation or use the Site and/or the Services for any purpose that is prohibited by these TOU; 6. Manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology; 7. Register, subscribe or unsubscribe any party for any EXCELACA, LLC product or service if you are not expressly authorized by such party to do so; 8. Use the Site or the Services in any manner that could damage, disable, overburden or impair EXCELACA, LLC servers or networks, or interfere with any other user’s use and enjoyment of the Site and/or the Services; 9. Gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to EXCELACA, LLC through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services or harvest or otherwise collect information about other users without their consent; 11. Use the Site in any manner that could damage, disparage, or otherwise negatively impact EXCELACA, LLC. In addition, you agree to comply with our Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY EXCELACA™, LLC TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not EXCELACA, LLC. Neither EXCELACA, LLC, its Licensors, Licensees, nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither EXCELACA, LLC nor its Licensors or Licensees endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on the Site or Services by any Licensor or Licensee representative while acting in his/her official capacity. You may be exposed through the Site or Services to content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We take no responsibility for your exposure to third party content on the Site or the Services. EXCELACA, LLC and its Licensors, Licensees, Customers, Suppliers, Vendors and Third-Party Content Providers and their Affiliates, Agents and Employees do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that neither EXCELACA, LLC, nor its Licensors, Licensees, Customers, Suppliers, Vendors and Third-Party Content Providers and their Affiliates Agents and Employees advocate the use of any product or procedure described in the Site or through the Services, nor do any of these parties assume any legal responsibility for the misuse of a product or procedure due to typographical error.
If any of the Site or Services require you to open an account or provide information to complete our Assessment Tool, you must complete the process by providing Excelaca™ with current, complete and accurate information, as prompted by the applicable form. You acknowledge that by providing any information to Excelaca™ which is untrue, inaccurate, not current or incomplete, EXCELACA, LLC reserves the right to terminate your access and use of the Site and/or the Services. As part of the registration process, you may be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify EXCELACA, LLC immediately of any unauthorized use of your account or any other breach of security. Neither EXCELACA, LLC nor its Licensors, Licensors, Licensees, Customers, Suppliers, Vendors or Third-Party Content Providers and their Affiliates, Agents and Employees will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by EXCELACA, LLC, its Licensors, Licensees, Customers, Suppliers, Vendors or Third-Party Content Providers and their Affiliates, Agents and Employees or another party due to someone else using your account or password.
We reserve the right to disallow you to link to the Site at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Site.
The links on the Site and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked third-party site (the “Linked Sites”). EXCELACA, LLC provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has EXCELACA, LLC reviewed or approved the content which appears on the Linked Sites. Neither EXCELACA, LLC nor its Licensors, Licensees, Customers, Suppliers, Vendors or Third-Party Content Providers and their Affiliates, Agents, and Employees are responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that EXCELACA, LLC and its Licensors, Licensees, Customers, Suppliers, Vendors and Third-Party Content Providers and their Affiliates, Agents and their Employees shall not be responsible nor liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
Your participation, correspondence or business dealings with any third party found on or through our Site and Services, including, without limitation, advertisers, vendors, and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that EXCELACA, LLC and its Licensors, Licensees, Customers, Suppliers, Vendors and Third-Party Content Providers and their Affiliates, Agents and Employees shall not be responsible nor liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCELACA™, LLC, ITS LICENSORS, LICENSEES, CUSTOMERS, SUPPLIERS, VENDORS AND THIRD –PARTY CONTENT PROVIDERS AND THEIR AFFILIATES, AGENTS AND EMPLOYEES DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITE OR SERVER(S) ON WHICH THE SITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR THE CONTENT CONTAINED ON THE SITE OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OR PRODUCT OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE OR THE SERVICES.
NEITHER EXCELACA™, LLC NOR ITS LICENSORS, LICENSEES, CUSTOMERS, SUPPLIERS, VENDORS AND THIRD-PARTY CONTENT PROVIDERS AND THEIR AFFILIATES, AGENTS AND EMPLOYEES ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FROM EXCELACA™, LLC NOR ITS LICENSORS, LICENSEES, CUSTOMERS, SUPPLIERS, VENDORS, OR THIRD-PARTY CONTENT PROVIDERS AND THEIR AFFILIATES, AGENTS AND EMPLOYEES FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITE AND/OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold EXCELACA™, LLC and its Licensors, LICENSEES, CUSTOMERS, SUPPLIERS, VENDORS, AND THIRD-PARTY CONTENT PROVIDERS AND THEIR AFFILIATES, AGENTS AND EMPLOYEES harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TOU; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by EXCELACA, LLC infringe your copyright, you or your agent may send to EXCELACA, LLC a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon EXCELACA, LLC actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to EXCELACA, LLC a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
EXCELACA™, LLC’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent:
Joseph A. White
Fried & Bonder
White Provision, Suite 305
1170 Howell Mill Road, NW
Atlanta, GA 30318
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
EXCELACA™, LLC and its Licensees, Customers, Suppliers, Vendors, and Third-Party Content Providers and their Affiliates, Agents and Employees make no representation or warranty that the content and materials on the Site or the Services are appropriate or available for use in locations outside of the United States, UK, and the European Union. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. EXCELACA, LLC reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
You agree that EXCELACA, LLC, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
These TOU and the relationship between you and EXCELACA, LLC shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and EXCELACA, LLC irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within San Jose California and Santa Clara County, in the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
The failure of EXCELACA, LLC to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions.
We may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If EXCELACA, LLC or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.
We may modify these TOU at any time, as we deem appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Site and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or Services following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. We reserve the right to modify or discontinue the Site or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Site or Services as so modified and your use of new Services will be governed by these TOU.
Date of Last Revision: 6/1/19
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