TOS | Apogee Defense

The following are terms and conditions (the “Terms of Service”) INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 13, of a legal agreement between you and Apogee Defense LLC, a Texas corporation, and its subsidiaries and affiliates (collectively, “Apogee Defense”, “we”, “our”, or “us”). By accessing, browsing, and/or using this web site at https://ApogeeDefense.com (the “Site”), or signing onto our newsletter, you acknowledge that you have read, understood, and agree to comply with and be bound by the Terms of Service and to comply with all applicable laws and regulations.

If you are accessing or using this Website on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit this Web Site, do not sign up for our newsletter and cease use of all Materials, as you are not permitted to access or use this Web Site or such Materials.

These Terms of Use may be changed by us, in our sole discretion, from time to time with or without notice to you. Any changes or modifications to these Terms of Use will be effective upon posting on the Web Site. You should always review these Terms of Use prior to your access or use of the Web Site or Materials to ensure that you understand the current Terms of Use that apply to your access or use thereof. Your continued use of the Web Site following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you cannot access these Terms of Use via the Internet, we can provide a copy of the Terms of Use then in effect by e-mail upon request.

1. Description of the Services

Apogee Defense is a worldwide leader in cybersecurity solutions and forensics. We identify IT vulnerabilities, secure systems and train employees to recognize when they are being targeted by hackers. You may access our services through our websites and domains, including www.ApogeeDefense.com and other domains that you are explicitly directed to for services or solutions by Apogee Defense, and all subdomains, webpages, and country level domain variants, as well as by subscribing to our email newsletter. We refer to all of these as our “Services.”

YOU AGREE THAT BY USING OUR SITE AND SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

2. Acceptable Use of the Services

In connection with your access and/or use of the Services, you shall not: (a) engage in any activity that could damage, disable, impair, interrupt, or interfere with the Services, including networks and servers connected to the Services; (b) consume a commercially disproportionate amount of bandwidth, CPU usage, memory storage space, or any other network or system resource, including any limits set by us on maximum concurrent usage of the Services; (c) introduce a virus, worm, trojan horse, or any other malicious or harmful software code, data, or file that may damage, interfere with, intercept or expropriate any system, data, personal information or property of us or another user of the Services; (d) attempt to gain unauthorized access to accounts not owned by you, or to any connected network or servers to the Services through hacking, phishing, or other means; (e) use the Services on a service bureau or shared basis; (f) host the Services to be accessible by third parties; (g) sell, lease, or rent access to or use of the Services or otherwise transfer any rights to use the Services under this Agreement; (f) utilize the Services in connection with any activity that would constitute a violation of any applicable law, regulation, or ordinance; (g) obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Services; (h) defame, defraud, abuse, harass, stalk, threaten, or otherwise violate any legal rights (such as rights of privacy and publicity) of others; (i) use or transmit anything protected by intellectual property laws, unless you own or control the rights thereto or have received the necessary consent to do the same; (j) utilize “software robots,” “spiders,” “web crawlers,” or utilize computer programs that recursively query the Site over the Internet without prior written permission from us.

You acknowledge that you are solely responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.

3. Intellectual Property

We retain ownership and control of all intellectual property inherent in, associated with, or related to the Services, including, but not limited to, copyrights, patent rights, trademarks, trade dress, or service mark rights, whether registered or unregistered, arising under Federal, State, or Common-Law, as well as confidential or commercially sensitive information, such as trade-secrets. Our intellectual property includes content included on or comprising the Site and Services, including but not limited to information, data, software, photographs, graphs, videos, books, quizzes, typefaces, graphics, music, sounds and other material. All Materials are the exclusive and proprietary property of Apogee Defense and/or its third-party licensors. ALL RIGHTS RESERVED.

You shall not use APOGEE DEFENSE service or product names, logos, or trademarks, unless first expressly authorized to do so by us in writing.

4. Third Party Links

The Site may contain clickable links to third-party websites. Your correspondence and business dealings with third parties found on, or through, the Site or Services are solely between you and the third parties. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of clicking on a third-party link on our Site. A link to a third-party website on our Site does not imply endorsement of the third-party website or anything contained thereon.

5. Your Account

Certain areas of the Site and Services are only available for paid clients and may be governed by a separate agreement. In the event of a conflict between the Terms of Service and any specific client agreement, the specific client agreement will control. To access some of our Services or to make a purchase on the Site, you are required to register for an account and provide us with certain personal information. Please see our Privacy Policy for more information. By registering for an account, you agree that all of your registration information will be legal, accurate, and complete, and your account will only be used by you. By purchasing a service on the Site, you agree that your registration information is current and correct. You are responsible for the confidentiality of your account information, including your username and password. Any purchase made through your account is your responsibility. If you become aware of any unauthorized use of your account, you must notify us immediately. By registering for an account, you consent to receive email notifications from us regarding our Services, your account, or your purchases, in place of, or in addition to, any written notices. Any email notification sent by us to the email address listed in your account will be considered delivered when sent. You may cancel your account any time by deleting your account. We, in our sole discretion, may cancel your account for any reason and without notice.

6. Payments and Purchases

All payments for services purchased through the Site are made through a third-party payment processor. As such, the third-party payment processor’s terms and conditions, privacy policy, etc., will apply, and it is your responsibility to read any such terms or policies. Please see our Privacy Policy for more information. We will not process your order(s) until the third-party payment processor notifies us that the full payment has been received. All payment issues with the third-party payment processor, such as but not limited to, denials, or holds on your account are your sole responsibility.

We, in our sole discretion, may cancel or put a hold on your purchase(s) for any reason, such as but not limited to suspected fraudulent purchases. If this occurs, we will notify you by email.

7. Terms and Termination

The term of this Agreement will continue upon your acceptance of this Terms of Service and will continue in effect until terminated. We reserve the right to terminate this Agreement at any time with or without written notice to you. If we become aware of any possible violations by you in your use of the Services, or any other provision of this Agreement, we reserve the right to investigate such violations, and may, at our sole discretion, terminate or suspend your use of the Services without prior notice to you.

You may terminate your access to our newsletter by unsubscribing via our automated unsubscribe system.

All provisions of this Agreement that by their nature should survive termination of this Agreement shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, choices of law and forum, and intellectual property protections).

8. Minors

This Web Site is a business and commercial site. As such, it is not intended for children or minors. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter into and to abide by and comply with these Terms of Use.

9. Statements on Site and newsletter

The documents contained on (or directly accessible from) this Site and newsletter may contain a number of forward-looking statements. Any statements that are not statements of historical fact (including, without limitation, statements to the effect that Apogee Defense or its management “believes,” “expects,” “anticipates,” “plans” and other similar expressions) should be considered forward-looking statements and should not be relied upon.

There are a number of important factors that could cause Apogee Defense’s actual results to differ materially from those indicated by such forward-looking statements, including general economic conditions, our continued ability to develop and introduce products, the introduction of new products by competitors, pricing practices of competitors, expansion of its sales distribution capability, the cost and availability of components, undetected software errors or bugs, our ability to control costs and other risk factors.

10. Changes to Services and Agreement

We expressly reserve the right to, at any time and from time to time, modify, suspend, or discontinue the Services or any parts thereof at our sole discretion.

We expressly reserve the right to make changes to this Agreement, at any time and from time to time, as the Services change. Your continued use of the Services after a change to this Agreement constitutes your acceptance of the changes to this Agreement. If you do not agree to be bound by this Agreement, as modified, you must terminate your use of the Services immediately. It is your responsibility to review, from time to time, the most current version of this Agreement, which will be available at https://ApogeeDefense.com/tos and www.ApogeeDefense.com/privacy, so that you will be apprised of any changes.

11. No Warranty

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THE SITE AND ANY MATERIALS, DATA OR INFORMATION CONTAINED ON THE SITE, OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US SHALL CREATE A WARRANTY.

12. Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE SITE OR SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES”, “WORMS”, “BUGS”, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED IN AGGREGATE THE LESSER OF $5 OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

13. Indemnification

You hereby agree to indemnify, hold harmless, and defend us, our affiliates, directors, officers, employees and agents from and against any and all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorneys’ fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings which arise or result from your use of the Site and/or the Services. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against us and in no event shall you settle any such claim without our prior written approval.

14. Release

We provide a service and would be unable to function if we were held responsible for the actions or inactions of our subscribers or other users of the Services we provide. Therefore, as inducement for us permitting you access to use the Services, you hereby agree to release us, our affiliates and subsidiaries, and each of its and their respective directors, officers, employees, and agents from all damages (whether direct, indirect, consequential, incidental, or other damages), losses, liabilities, costs and expenses of every kind and nature, known or known, arising out of or connected with disputes between you and third parties in connection with the Services.

15. Binding Arbitration and Choice of Law

You and Apogee Defense agree that any dispute, claim, or controversy arising out of or related to this Agreement, or our Privacy Policy, Site, or Services shall be settled by final and binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”), rather than in a court of law. You agree that you are knowingly and voluntarily giving up your right to a trial and have your dispute heard by a judge or jury in a court of law. Any such dispute, claim, or controversy shall be arbitrated on an individual basis and shall not be joined or consolidated with a claim of any other party or class. You agree that the arbitrator’s decision shall be controlled by this Agreement and any other agreement that you have with us. You agree that the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration will be administered by the AAA, pursuant to the rules of the AAA. For more information on the rules, procedures, and fees of the AAA, please visit their website at www.adr.org. The foregoing shall not preclude you or Apogee Defense from seeking any injunctive or other equitable relief in State or Federal court for protection of intellectual property rights.

This Agreement, including binding arbitration, will be governed by the law of the State of Texas, without regard to the conflict of laws principles thereof.

If any dispute, controversy, or claims cannot be resolved in arbitration between the parties, then it shall be submitted for resolution to a court of competent jurisdiction in Travis County, Texas, and the Federal Courts in and for the Western District of Texas and the parties hereby submit that exclusive venue shall lie with such courts, and the parties hereby irrevocably submit to the jurisdiction and venue of such courts.

16. Entire Agreement

This Agreement sets forth the entire agreement between you and us regarding the use of the Services. You agree that there are no representations or obligations regarding your use of the Services other than those reflected in this Agreement, and that you are not relying on any representations or obligations regarding your use other than those reflected in this Agreement.

17. Severability

If any provision of this Agreement is held illegal or unenforceable in any proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain in full force and effect.

18. Force Majeure

Any failure or delay in performance by either party shall be excused if and to the extent caused by an Act of God (fire, flood, earthquake, storm, hurricane or other natural disaster), war or civil disorder, invasion, act of foreign enemies, hostilities, terrorism, government actions, lockout or interruption or failure of electricity of network service, or other cause beyond the reasonable control of the parties.

19. Consent to Data Usage

By purchasing or otherwise using the Services, you agree that you have read our Privacy Policy (www.ApogeeDefense.com/privacy), that you understand our Privacy Policy, and that you consent to the collection of data and other information under the terms of our Privacy Policy.

20. Contacting us

If you have any questions regarding these Terms of Use or any other matter, you may contact us in by writing to us at 14425 Falcon Head BV4 or email us at info@ApogeeDefense.com.