1. Cyberpoint Information is Limited, AS IS, and Intended for Informational Purposes Only
All reports and analysis and other information and content published, generated or otherwise made available by the Site (collectively, “Cyberpoint Information”) are provided for your noncommercial, personal use on an "as is, as available" basis and may be used by you for informational purposes only.
While we endeavor to present accurate and reliable content, Cyberpoint Information: (a) is based solely on outward-facing data accessible through the Facebook account that is the subject of the applicable Log-In Information (defined below) and deemed relevant by the Site at a given time and date. Thus, Cyberpoint Information is intended solely for informational purposes, and is not intended to replace, or act as a substitute for, a background check, investigation or other screening for any purpose, including, without limitation, employment or a security clearance. Cyberpoint Information is an informational tool only and does not and cannot guarantee a particular result arising from any background check, investigation or other screening.
All Cyberpoint Information is based on a snapshot in time and factors considered by our proprietary algorithms at such time. We have no obligation to update or otherwise change any Cyberpoint Information for any reason, such as the passage of time, subsequent changes to a FaceBook Account, or other information subsequently provided or made available to us.
You acknowledge that you are using this Site at your own risk. We assume no responsibility for errors or omissions in Cyberpoint Information. We reserve the right at any time to modify, suspend or discontinue the Site, or any part thereof, with or without notice.
2. Account Information.
You may be provided with an account, username, password and/or an email address (the “Account Information”) to download, install, run, access and/or use certain of the Products. You are solely responsible for maintaining the confidentiality of your Account Information and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You agree to immediately notify us of any unauthorized use of your Account Information, account or any other breach of Product security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure.
THIS SITE, ALL CYBERPOINT INFORMATION, AND ALL PRODUCTS OFFERED OR PROVIDED IN CONNECTION WITH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISIBLE BY LAW, CYBERPOINT AND ITS AFFILIATES DISCLAIM ANY AND ALL GUARANTEES OR WARRANTIES WITH RESPECT TO THIS SITE, CYBERPOINT INFORMATION AND ANY PRODUCTS OFFERED OR PROVIDED IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, NON-INFRINGEMENT, OR SYSTEM INTEGRATION.
4. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL CYBERPOINT OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF PRODUCTS FOR CYBERPOINT OR ITS AFFILIATES (INCLUDING, WITHOUT LIMITATION,FACEBOOK, INC.), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE SITE, CYBERPOINT INFORMATION, OR ANY PRODUCTS OFFERED OR PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF CYBERPOINT, ITS AFFILIATES, OR THEIR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF CYBERPOINT AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SITE, CYBERPOINT INFORMATION, OR ANY PRODUCTS OFFERED OR PROVIDED IN CONNECTION WITH THIS SITE. YOU HEREBY RELEASE CYBERPOINT AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
5. Ownership of Copyrights, Trademarks and Other Intellectual Property.
You acknowledge that Cyberpoint owns the copyright and all other intellectual property rights to this Site and all Cyberpoint Information provided on this Site, unless otherwise expressly indicated. All Cyberpoint Information and other content on this Site is protected by U.S. and international copyright, trademark and other laws. All rights are reserved by Cyberpoint (or its licensors, if applicable), and you agree not to copy, reproduce, download, disseminate, publish, or transfer content in any form or by any means, except with our prior written permission, or as expressly permitted by us in this Section 5 or in a separate written agreement. Any unauthorized use is strictly prohibited.
Unless otherwise set forth on the Site, the Cyberpoint and Clearable marks and related logos are service marks of Cyberpoint. References on our Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement or recommendation by Cyberpoint. Moreover, such third parties do not endorse, sponsor, and are not affiliated with Cyberpoint.
6. Communications; License.
In its sole discretion, Cyberpoint may make e-mail notices, newsletters, chat rooms, message boards, bulletin board services, user product reviews and ratings tools, polls, or other interactive communication facilities available to you by means of the Site (each, a "Forum"). You are solely responsible for the content of any transmissions you make to Cyberpoint, including to or through the Site or any Forum (the "Communications"). Cyberpoint and its affiliates do not endorse or accept any Communications as their own, or as a representation of their views. By transmitting any public Communications to Cyberpoint or the Site, you grant Cyberpoint an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to Cyberpoint. You hereby waive all rights generally known as "moral rights" in your Communications to the extent they can be waived, under any existing or future law of any jurisdiction.
Cyberpoint cannot review all Communications made on or through the Site. However, Cyberpoint reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any Communications (or portions thereof) which Cyberpoint in its sole discretion deems inappropriate, offensive or contrary to any Cyberpoint policy, or that violate this Agreement.
7. User Rules.
When accessing or using this Site or posting to any Forum, you agree to the following rules/restrictions and acknowledge that violation of any of them constitutes grounds for immediate termination of your access to all or any portion of the Site without further notice, in our sole and absolute discretion:
a. You will not engage in fraudulent activity of any kind, including by forging information, impersonating other people (including, without limitation, any Facebook member), contributing information which you know to be false, misleading, inaccurate or incomplete, or misrepresenting your affiliation with any person or entity. b. You will not use the Site in any manner that may be considered objectionable, such as by using the Site to upload, post, display, or otherwise transmit any content that is false, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, libelous, criminal or invasive of another’s privacy. c. You will not violate or attempt to violate the security of the Site, use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Violations of this sort will be prosecuted to the fullest extent of state and federal laws. d. You will not launch any automated system, including without limitation, "robots," "spiders," "offline readers," or other mechanisms, that access the Site in a manner that sends more request messages to our servers in a given period of time than can reasonably be produced by an individual in the same period using a conventional on-line web browser. e. You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and will not use the Site for unlawful purposes. f. You will not post, upload, email, link to, or otherwise transmit any content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of the Site or impair others’ ability to enjoy the Site, or the proper functioning of any software or hardware or equipment or materials used in connection with the Site. g. You will not infringe, misappropriate, or otherwise violate any existing local, national or international copyright, trademark, service mark, trade name, patent, right of publicity or privacy, or other intellectual property or proprietary rights of any person or entity whatsoever. h. You will use the Site and its contents solely for your personal, noncommercial use.
i. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit content available via the Site, including without limitation any Cyberpoint Information, for any public and/or commercial use without the prior written permission of Cyberpoint.
j. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Cyberpoint or its employees, licensors, independent contractors, providers or affiliates without the prior written permission of Cyberpoint or the relevant affiliate. In addition, you may not use our trademarks:
(i) in, as, or as part of, your own trademarks or those of any third parties;
(ii) to identify products or services that are not those of Cyberpoint;
(iii) in a manner likely to cause confusion; or
(iv) in a manner that implies that Cyberpoint sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
9. Links to Other Websites.
Solely as a courtesy to you, we may provide links to other websites and resources at certain places on our Site; we do not endorse, approve, certify or control any of those websites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness.
11. Term & Termination.
These Terms are effective upon your accessing the Site and shall continue in full force until terminated by Cyberpoint or as may otherwise be provided for in an applicable invoice or other ordering document setting forth a specific period of time. In its sole and absolute discretion and without notice, and at any time and for any (or no) reason, Cyberpoint reserves the right to: (a) suspend your access to any portion of the Site; and/or (b) remove or disable your access to any portion of the Site. Upon termination or suspension, your username and password will be immediately deactivated, and you will no longer have access to the relevant portions of the Site, including, without limitation, any Results.
12. Governing Law/Jurisdiction/Limitations.
Any dispute with respect to our Site or any Product, including any Cyberpoint Information or any Communication, shall be governed by the laws of the State of Maryland, excluding its conflicts of laws rules. All visitors to our Site submit to the exclusive jurisdiction of the state and/or federal courts of the State of Maryland. Either party may enforce a judgment rendered by such court in any court of competent jurisdiction, and Cyberpoint may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to your use of the Site or otherwise under these Terms must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
In our discretion, we may provide notices of changes to these terms and conditions or other matters by displaying notices or links to notices generally on our Site and your continued use of the Site after any change will be deemed to represent your consent to be bound by, and agreement with, any such changes.
Our products and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our products and services are not available to minors under the age of 13. By purchasing through this Site, you represent to us that you can form legally binding contracts under applicable law, and that any and all data you have provided, or will provide, to us via this Site, such as your name, address and billing information, is complete and accurate.
We shall not be liable for any delays or failure to provide or make available the Site or otherwise perform hereunder if due to any cause or conditions beyond the reasonable control of Cyberpoint, including, but not limited to, delays, failures or inability to perform due to acts of God, war, acts of civil or military authority, riots, fire, strikes, lockouts, governmental laws and regulations, communication line failures, power failures, earthquakes, floods or other natural disasters. You will not assign or sublicense these Terms or any of your rights or obligations hereunder, without the express written consent of Cyberpoint, which may be withheld in our sole and absolute discretion. Subject to the foregoing, these Terms will inure to the benefit of, and will be binding upon, the parties, their respective successors and permitted assigns. If any provision of these Terms is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of these Terms will not be affected. Such provision will be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, the provision will then be enforceable and enforced. The waiver or failure of any party to exercise rights under these Terms will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and signed by the party to be charged therewith. These Terms contain the entire agreement between you and Cyberpoint regarding the use of the Site.
Effective Date: December 4, 2012