Introduction

Welcome to Peak InfoSec! We are honored that you are considering our team to help you with your cybersecurity and compliance needs.

1. General. Please read these Terms of Use (“Terms”) carefully as they are a binding agreement between You and Peak InfoSec LLC (the “Company”, “We”, “Us”, or “Our”). For the purposes of these Terms, “You” and “Your” means the individual accessing or using, as well as the organization(s) which the individual represents, any of the websites or other services owned or controlled by Us. Capitalized words in these Terms have the meanings as defined in context, including those explicitly defined below.
2. Scope. These Terms govern Your use of the Websites that link to these Terms. If you would like an overview of the relationship between these Terms and our other documents, please see our Legal page.
3. Definitions. In these Terms, the word “Sites” refers to all Websites owned or managed by Us.
4. Acceptance. You automatically, implicitly agree to the then-current version of these Terms and Our Privacy Policy each time you use or log into the Sites.
5. Changes to Terms
   1. We may change these Terms by publishing an updated version, and such updates will be effective upon their publication.
6. Modifications and Termination
   1. We reserve the right to modify Our Sites at any time, with or without notice to you.
   2. We also reserve the right to charge a fee for any of Our features at any time, and to condition, limit, suspend, delay, deny or terminate access to or use of the Sites or any related Content, component, or functionality with or without notice at any time and for any reason. If we begin charging a fee for a previously free feature, you will not be required to pay any such fee without your express authorization; however, you will also not be able to access that feature unless you pay the corresponding fee.
   3. Any new content, component, function, upgrade, or enhancement added or made to the Sites will also be subject to the terms of these Terms and the Privacy Policy when added or made. For example, We may add or remove functionality or features, and We may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using Our Sites at any time.
7. Use of Our Sites.
   1. You may not use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures We employ to enforce these Terms). It should be common sense, so We won’t bore you with a list of things you shouldn’t do (although you can view our Acceptable Use Policy for some guidance). But if We (in Our sole discretion) determine that you have acted inappropriately, We reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.
   2. You also may not “frame”, “mirror”, or otherwise incorporate any part of the Sites without Our express permission, nor may you copy, modify, redistribute, or create derivative works of the Sites or any of Our Intellectual Property. Similarly, automated account registration or automating functions of the Site or the Service are strictly prohibited. You must not modify or adapt the Sites or modify another Website to falsely imply that it is associated with the Site or Us. You agree not to access the Sites by any means other than through the interface provided by the Company. You acknowledge that the Sites are not intended for permanent storage and agree not to use the Service for archiving data or for back-up purposes.
   3. Using Our Site(s) does not give you ownership of any intellectual property rights to the content you access. You may not use content from Our Sites unless you obtain permission from Us or its owner, or unless you are otherwise permitted by law.
   4. When you use a Site or send communications to Us through a Site, you are communicating with Us electronically. You consent to receive electronically any communications related to your use of a Site, and You consent to Us monitoring and reviewing your use of the Site for our internal business purposes, consistent with our Privacy Policy. We may communicate with you by E-mail or by posting notices on the Site. You expressly agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Us intended for receipt by you shall be deemed delivered and effective when sent to the E-mail address you provide to us. Please note that by submitting Content, creating a user account, or otherwise providing Us with your email address, postal address, or phone number, you are agreeing that We or Our agents may contact you at that address or number in a manner consistent with Our Privacy Statement. 
8. Accounts
   1. You may be required to create an account, or have an account created on your behalf, and specify a password to use certain services or features on the Sites. To create an account (or to have an account created on your behalf), you must be at least 18 years old.
   2. All account-information must be truthful and accurate information about the account holder. Do not try to impersonate anyone else or misrepresent your affiliation with an individual or business when you create your account. If your information changes at any time, please update your account to reflect those changes. Certain account changes may require assistance from Our representative.
   3. In some cases, an account may be assigned to you by an administrator, such as your employer, a service provider, or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without Our involvement.
   4. You must not share your account with anyone else. You agree to accept responsibility for all activities that occur under your account or password. You must never give anyone else your multifactor authentication number, and you must always keep your password confidential. You must also not use the same password on other Websites.
   5. If you believe that your account has been compromised at any time, please notify Us immediately using the support icon on the Site.
   6. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that We are not responsible for third party access to your account that results from theft or misappropriation of your account. We and our associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
9. Cancellation/Refund Policy. Cancellations and refunds for paid content are not given.Links to Third-Party Sites/Third-Party Services.  Our Site(s) may contain links to other websites (“Linked Sites”). The Linked Sites are not under Our control and We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Us of the site or any association with its operators.
10. Content You Post
    1. We may provide opportunities for you to post text, screen captures, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content or otherwise have the legal right to use that Content.
    2. You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, Our agents, licensees (including other users of the Sites), and assigns an irrevocable, perpetual, transferrable, sublicensable, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, We couldn’t offer Our Services. Please note that this license continues even if you stop using Our Sites.
    3. You agree that You will indemnify and defend Company for any claim asserted by a third party against Company in a suit or action if the claim is that the Content alone, and not in combination with anything provided by the Company, infringes the copyrights or misappropriates the trade secrets of any third party or otherwise violates any law or regulation, except where the Content has been materially altered by the Company and such alterations are the source of the Claim. You will pay all losses, liabilities, and costs (including reasonable attorneys’ fees) arising from any such claim. Notwithstanding the foregoing, You will not indemnify or defend Company for claims arising out of or resulting from, in whole or part, Content that Company made available to You. These Indemnity Obligations herein states your entire obligation and Company’s sole and exclusive remedy for any third-party claim against Company for infringement of Intellectual Property Rights or misappropriation of trade secrets.
    4. You agree not to use the Sites to harass others, and to not use the Sites for solicitations or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation without approval from one of Our authorized representatives.
    5. Keep in mind that if you send Us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless We tell you otherwise, We reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you, provided such information is not considered your Confidential Information that is expressly protected under a separate confidentiality or non-disclosure agreement.
11. Content Posted by Others
    1. We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, We may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another user. We are responsible for content posted by Us, our agents, and Affiliates.
    2. You can find Our Trademark and Copyright Usage Guidelines on this page.
12. Intellectual Property
    1. If you believe any Content on the Services infringes your copyrights, you may request that remove the Content from the Services (or disable access to that Content) by submitting a support request ticket or sent to our copyright agent. Additional details can be found on our Copyright Infringement page.
13. Social Networks
    1. The Services may include features that operate in conjunction with certain third-party social networking Websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites and the services provided through the Services is governed by the terms of service/terms of use and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service, terms of use, or other agreements.
14. Optional Data Sharing
    1. You may have the option to share your data with other users of the Sites. Such users may include, without limitation, prime contractors, service providers, Manufacturing Extension Partnerships (both local and national), the federal government, and the public. IF YOU AGREE TO SHARE ANY OF YOUR DATA WITH OTHER USERS, YOU ACKNOWLEDGE THAT YOU ARE DOING SO VOLUNTARILY AND ON A NON-CONFIDENTIAL AND GRATUITY-FREE BASIS WITHOUT ANY EXPECTATION OF PRIVACY OR CONFIDENTIALITY. WE ASSUME NO LIABILITY FOR ANY INJURY SUFFERED BY YOU RELATED TO YOUR ELECTION TO SHARE YOUR DATA WITH OTHER USERS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SHARE YOUR DATA WITH OTHER USERS.
15. Warranties, Services Liability, and Other Disclaimers
    1. We provide the Services using a commercially reasonable level of care and promise to do Our best to make sure you enjoy the Services. However, there are certain things that We don’t promise about Our Services, and the following disclaimers shall survive after you finish using the Sites.
    2. We strive to provide actionable information on the Sites. Although We strive to maintain current information, ALL INFORMATION PROVIDED BY THE SITE AND THE SERVICE SHOULD BE CHECKED AGAINST ANY RECENT LEGISLATIVE, REGULATORY OR OTHER DEVELOPMENTS BY A QUALIFIED PROFESSIONAL. IN PROVIDING THE SITES, WE ARE NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICES. YOU SHOULD SEEK THE SERVICES OF A COMPETENT PROFESSIONAL, SUCH AS A LAWYER, BEFORE RELYING ON ANY INFORMATION ON THE SITE.
    3. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, NEITHER WE NOR OUR AFFILIATES, AGENTS, OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”.
    4. EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, ANY INJURY RELATED TO ACCIDENTAL DELETION OR LOSS OF DATA STORED AT THIRD-PARTY LOCATIONS SUCH AS AMAZON WEB SERVICES, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY INJURY SUFFERED BY A USER RELATED TO THE SHARING OR USE OF ANY INFORMATION.
    5. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, AND YOU EXPRESSLY DISCLAIM YOUR RIGHT TO ENFORCE THEM.
16. Export Controls
    1. All uses of the Sites are subject to export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs maintained by the United States Treasury Department’s Office of Foreign Assets Control. You must not export, re-export, transfer, divert or otherwise dispose of any feature or component of the Sites. You hereby represent and warrant that you are not prohibited from receiving U.S. origin products, including services or software. You are solely responsible for fulfilling any applicable governmental requirements in connection with your use of the Service.
17. Cancelation
    1. You may cancel your account at any time. However, We do not provide refunds or credits for the unused portion of any subscriptions to any of the Sites. Upon cancellation, We will terminate your account and your access to and use of the Service. Any data associated with your account will be deleted by Us, although we will provide a sixty (60) day period during which you may be permitted to back up such data. Any anonymized or aggregate data collected from you and/or your organization may remain available to Us for the purposes of industry and peer analysis.
18. Governing Law
    1. This Section 18 shall survive the termination of your use of the Sites.
    2. Except where precluded by law:
       1. These Terms shall be construed and enforced in accordance with the laws of the State of Pennsylvania without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
       2. The exclusive venue for any legal proceeding shall be the courts located in Montgomery County, Pennsylvania unless the Company otherwise agrees, which consent it may withhold in its sole discretion.
       3. You waive any claim of forum non conveniens.
       4. You hereby consent to the personal jurisdiction of the courts of Pennsylvania.
    3. You agree that if you bring an action in a forum other than one authorized by this Section 18, We may move to dismiss the action and you will be responsible for paying Our reasonable attorneys’ fees and court costs associated with the motion.
    4. Any failure by Us to enforce any portion of these Terms shall not be a waiver of Our right to enforce that or any other portion of these Terms.
19. Additional Details
    1. Modifications. We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you must stop using or logging in to the Sites except to the limited extent necessary, and only for the time necessary (not to exceed fourteen (14) days from the date the Terms are changed) to export your information.
    2. Indemnification. You agree to hold the Company harmless, and to defend and indemnify and its owners, directors, employees, contractors, representative, agents, successors and assigns from and against all losses, liabilities, costs and expenses, including, but not limited to, attorneys’ fees and court costs, resulting from any claims made by any user or third party arising from or in any way related to your use of the Sites, the use by any third party of the Sites via your account, your breach of these Terms, or your failure to comply with any law or regulation (including, but not limited to, the GDPR). We reserve the right to assume exclusive defense and control of any matter subject to this indemnification provision (at your cost) and you shall fully cooperate with Us, at your sole expense, in the defense of such matter. Your indemnification obligations shall survive the termination of your use of the Sites.Your representations, warranties and obligations set forth in these Terms shall survive the termination of your use of the Sites.
    3. Links. The Sites may contain links to third-party Websites, third-party service providers, and other resources. That doesn’t mean that We control or endorse those Websites, or any goods or services sold on those Websites.
    4. Ads. The Sites may contain ads from third parties. We do not control or endorse any products being advertised.
    5. Templates.
       1. We may provide sample language, default answers, document templates, and other such information (collectively “Templates”) as part of the Sites.
       2. The Templates are provided for reference purposes only and you should customize the information in them to meet your specific environment.
       3. ALL TEMPLATES ARE PROVIDED AS IS, AND WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE TEMPLATES, THEIR SUITABILITY FOR ANY PURPOSE, OR THEIR RELIABILITY OR AVAILABILITY.
    6. No Waiver. If you do not comply with these Terms, and We don’t take action right away, this doesn’t mean We’re OK with what you did. We also are not giving up any rights that We may have (such as taking action in the future).
    7. Severability. If any provision of these Terms is found to be unenforceable, such provision will be deemed to be deleted or narrowly construed to such extent as is necessary to make it enforceable, and these Terms will otherwise remain in full force and effect.
    8. Survival.  Your obligations, and our rights, as set forth in these Terms shall survive termination of your use of the Sites.

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