Cyberdesic
Website Terms & ConditionsEffective as of 03/10/2021
These Website Terms & Conditions (“T&Cs”) apply to your access and use of www.cyberdesic.com (the “Site”), including all software, data, reports, text, images, sounds, video and content made available by Aptis Inc. d/b/a Cyberdesic (“CD”) through any portion of the Site (collectively, the “Content”). Content includes all such elements as a whole, as well as individual elements and portions thereof.
Acceptance of TermsCD reserves the right, in its sole discretion, to change or modify all or any portion of these T&Cs at any time. CD will post the changes or modifications to these T&Cs on the Site and will indicate at the top of this page the date these T&Cs were last revised. It is your responsibility to check the T&Cs periodically for changes or modifications. Your continued use of the Site and Content after the date any such changes or modifications become effective constitutes your acceptance of the new or revised T&Cs.
Updates to T&CsCD reserves the right, in its sole discretion, to change or modify all or any portion of these T&Cs at any time. CD will post the changes or modifications to these T&Cs on the Site and will indicate at the top of this page the date these T&Cs were last revised. It is your responsibility to check the T&Cs periodically for changes or modifications. Your continued use of the Site and Content after the date any such changes or modifications become effective constitutes your acceptance of the new or revised T&Cs.
General Conditions/Access and UseAuthorization to Access and Use Site and Content. Subject to your compliance with these T&Cs and the provisions hereof, you may access and use the Site and Content solely for the purpose of your evaluation of CD and CD’s products and services. You may only link to the Site or Content, or any portion thereof, as expressly permitted by CD.
Ownership and Restrictions. All rights, title and interest in and to the Site and Content belong exclusively to CD and will remain as such. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site or any Content available to any third party, (b) use the Site and Content in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, or (c) modify, adapt or hack the Site and Content to, or attempt to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and Content, or any other products or services of CD that are not readily made available to the general public).
You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute or create derivative works of the Site and Content, except that you may download, display and print one copy of the publicly available materials (i.e., the Content that does not require an account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark and other proprietary notices. You agree not to access the Site or Content by any means other than through the interface that is provided by CD to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” “robot” or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by CD. CD reserves the right to take any lawful measures to prevent any or all of the foregoing activities. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CD on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Responsibility for Your Data. You are solely responsible for all data, information and other content, that you upload, post or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to your access or use of the Site.
Reservation of Rights. CD and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. CD grants no rights or licenses (implied, by estoppel or otherwise) whatsoever to you under these T&Cs.
Use of Intellectual PropertyRights in User Content. By posting your information and other content (“User Content”) on or through the Site and Content, you grant CD a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site and Content. CD has the right, but not the obligation, to monitor the Site and Content and User Content. CD may remove or disable any User Content at any time for any reason, or for no reason at all.
Unsecured Transmission of User Content. You understand that the operation of the Site and Platform, including User Content, may be unencrypted and involve transmission to CD’s third party vendors and hosting partners to operate and maintain the Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. CD will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.
Feedback. You may submit ideas, suggestions or comments (“Feedback”) regarding the Site and Content or regarding CD’s business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and CD may, without any obligations or limitations, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration or attribution with respect to your Feedback regardless of whether CD considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.
Your Representations and WarrantiesYou represent and warrant to CD that your access and use of the Site and Content and CD’s possession and use of User Content as contemplated in these T&Cs do not and will not violate, infringe or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
Termination of Access Due to ViolationsCD may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these T&Cs or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these T&Cs will cause irreparable harm to CD, for which monetary damages would be inadequate, and you consent to CD obtaining any injunctive or equitable relief that CD deems necessary or appropriate in such circumstances, without limiting CD’s other available remedies. Further, CD may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.
NO WARRANTIES AND DISCLAIMER BY CDTHE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL ERRORS AND DEFECTS AND WITHOUT ANY WARRANTIES OF ANY KIND, AND CD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT CD DOES NOT WARRANT THAT YOUR ACCESS AND/OR USE OF THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND CD DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ACCESS AND/OR USE OF THE SITE AND CONTENT. NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM CD OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs AND YOU SHOULD NOT RELY ON THE SITE AND THE GENERAL CONTENT ALONE AS THE BASIS FOR YOUR BUSINESS DECISIONS.
CD reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction or other changes.
LIMITED LIABILITYExclusion of Damages and Limitation of Liability. CD does not charge fees for you to access and use the Site and Content pursuant to these T&Cs. The Site does not conduct commercial transactions; the Content is comprised of general information and describes some of the basic elements of CD’s services. As consideration for your free access and use of the Site and Content pursuant to these T&Cs, you further agree that CD WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THESE T&Cs, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF CD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THE AGGREGATE LIABILITY OF CD WITH REGARD TO THESE T&Cs WILL IN NO EVENT EXCEED ONE US DOLLAR (USD $1.00).
Jurisdictional Limitations. Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, CD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Dispute Resolution; Jury WaiverTHESE T&Cs ARE MADE UNDER, AND WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF TEXAS APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED SOLELY THEREIN, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW. In any action between or among any of the parties, whether arising out of these T&Cs or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Collin County, Texas; and (b) WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY.
No Reliance; Due InquiryYou affirm and agree that, given the general and “as-is” nature of the Site and the Content you are not specifically relying on any statements or materials contained on the Site or in the Content to make any business decisions. Resource allocation and staffing matters are inherently complex and unique. Should you choose to continue your inquiry into whether CD’s services are right for you, you will have an opportunity to make additional inquiry of CD and you should make an independent investigation of the suitability of using CD for your particular business needs. Only after such appropriate due diligence, comprehensive review of CD’s service offerings including the terms and conditions of CD’s service agreements, and a thorough screening of any freelancers CD proposes to you should you come to any conclusions or make any decisions about whether CD, or any freelancers proposed by CD are right for you and your specific project needs or requirements.
MiscellaneousThese T&Cs, and any additions, changes, edits and/or modifications made thereto by CD, together with CD’s
Privacy Policy, constitute the entire agreement between the parties with respect to the portions of the Site available without an account ID or password. Access to certain password-restricted portions of the Site and Content, and any subsequent procurement and use of CD‘s services is subject to different, additional agreement(s).
CD does not conduct business with or seek any commercial transactions with: (1) any entity, citizen or resident of or located in a geographic area in which access to or use of the CD services is prohibited by applicable law, decree, regulation, treaty or administrative act; (2) any entity, citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (3) an individual or entity, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation (collectively, a “Prohibited Counterparty”). By accessing the Site and using the Content you represent and warrant that you are not a Prohibited Counterparty and that you will not obtain or (attempt to obtain) services from or a commercial relationship with CD.
These T&Cs and any additions, changes, edits and/or modifications made thereto by CD cannot be amended except by CD as set forth above. The failure of CD to exercise or enforce any right or provision of these T&Cs will not be a waiver of that right. Any notices to CD in connection with this agreement will be made by email transmitted to
info@cyberdesic.com provided that you also send a copy of such notice to
Aptis Inc. d/b/a Cyberdesic, Attn: Legal Department, 5830 Granite Parkway, Suite 100, Plano, Texas 75024. In the event that any provision of these T&Cs will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these T&Cs will otherwise remain in full force and effect and enforceable.
