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privacy

These Terms of Use is a legal agreement (“Terms,” including our Privacy Policy) that defines the terms and conditions under which you are allowed to use Cyber Waiver, and how we will treat your account while you are a Member.

 

 

Terms of Use

 

Please read these Terms carefully. By using Cyber Waiver website, software or signing up for an account, you are agreeing to these Terms. Cyber Waiver (“Cyber Waiver” or the “Service”) is a digital service offered through the URL www.cyberwaiver.com (“Website”) that allows to convert, sign, store, review and manage liability waivers other legal documents in an electronic format to individual recipients. Cyber Waiver is owned and operated by Escape Room LLC a Virginia limited liability company (“Cyber Waiver,” “we,” or “us”).

Cyber Waiver has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a “Member” according to this agreement (or “you”).

 

Eligibility

In order to use Cyber Waiver, you must:

be at least eighteen (18) years old and able to enter into contracts;

complete the registration process;

agree to the Terms; and

provide true, complete, and up to date contact information. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

By using Cyber Waiver, you represent and warrant that you meet all the requirements listed above, and that you will not use Cyber Waiver in a way that violates any laws or regulations. Cyber Waiver may refuse service, close accounts of any users, and change eligibility requirements at any time.

You agree that all information you provide to us during the sign up process is true, accurate, complete and current information and that you shall maintain and update that information throughout your term to keep it accurate and current. Failure to provide accurate, current and complete information may result in the suspension and/or termination of your account.

Terms

The Term begins when you sign up for Cyber Waiver and continues as long as you use the Service. Clicking the button and entering your username means that you have officially “signed” the Terms. If you sign up for Cyber Waiver on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy is treated as part of these Terms.

You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with Cyber Waiver Privacy Policy. You further consent and agree that we may collect, use, transmit, process and maintain information related to your account, and any devices registered thereunder, for purposes of providing the Service, and any features therein, to you. Information collected by us when you use the Service may also include technical or diagnostic information related to your use that may be used by Cyber Waiver to maintain, improve and enhance the Service. For more information please read our full privacy policy. You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by Cyber Waiver and/or its affiliates.

You acknowledge and agree that we may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms of Use, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Escape Room LLC, its users or the public as required or permitted by law.

Termination

You or Cyber Waiver may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Cause for such termination shall include, but not be limited to: (a) violations of the Terms of Use, Privacy Policy or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; or (h) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by Cyber Waiver in its sole discretion, without any refund to you of any prepaid fees or amounts and we will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you do not log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

Changes and Updates

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Cyber Waiver. We may change the Website, the Service, or any features of the Service at any time.

As part of the Service, you may from time to time receive updates to the Software from us which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that Cyber Waiver may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.

Account and Password

You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you authorized the use. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Account.  You will immediately notify us of any unauthorized use of your accounts. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only reset your password.

Account Disputes

We do not know the inner workings of your organization or the nature of your personal relationships, and we do not arbitrate disputes over who owns an account. You will not request access to or information about an account that is not yours and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we will rely on the contact information listed for that account.

Proprietary Rights

You will respect our proprietary rights in the Website and the software used to provide Cyber Waiver (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our Services. You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

You acknowledge and agree that Cyber Waiver and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Cyber Waiver grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by us as a part of the Service and in accordance with these Terms; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.

U.S. Export Controls

The software that supports the Services (the “Software”) is subject to United States export controls. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.

Use of Location-based Services

Cyber Waiver and its partners and licensors may collect, use, transmit, process and maintain your location data, including the real-time geographic location of your device, and you hereby agree and consent to Escape Room LLC's and its partners' and licensors' collection, use, transmission, processing and maintenance of such location data. Such information may include, but is not limited to, your Member Account ID, device ID and name, device type and real-time geographic location of your device at time of your request. You may withdraw this consent at any time by not using the location-based features or by turning off the  Location Services settings (as applicable) on your device. When using third party services that use or provide location data as part of the Service, you are subject to and should review such third party's terms and privacy policy on use of location data by such third party services. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Escape Room LLC nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service.

Law Compliance

You agree to use the Service only for purposes as permitted by these Terms of use. You represent and warrant that your use of Cyber Waiver will comply with all applicable laws and regulations, or generally accepted practice in the applicable jurisdiction. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, EU Data Privacy Laws, and all other  applicable laws. If you are subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

The Service, or any feature or part thereof, may not be available in all languages or in all countries and Escape Room LLC makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

Service interruptions 

Cyber Waiver does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Cyber Waiver is not in any way responsible for any such interference or prevention of Your access or use of the Services.

Cyber Waiver reserves the right to interrupt or suspend the services for the purposes of routine maintenance (including preventative maintenance).  In order to improve our service and keep it up-to-date, we might have perform routine maintenance that sometimes can cause short periods when service (website, Application or server) can be temporary unavailable. Wherever possible we endeavor to notify you in advance in such circumstances. Cyber Waivershall not be held liable for any damages, including the loss of prospective profits or anticipated sales or on account of expenditures, investments, or commitments incurred in connection with customer’s business, which result from qualified service outages, service interruptions or any other failure of connectivity. Cyber Waivershall not be liable for any other type of downtime or connectivity failure or service interruption. Cyber Waiver assumes no liability for any damages to, or loss of, any customer equipment resulting from any action or failure to act by any of customer’s third party agents, vendors or service providers. In no case shall the parties be liable to each other for any consequential, indirect or special damages with respect to any claims regarding the services to be provided hereunder, even if they have been notified of the possibility thereof.

Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Cyber Waiver for a variety of reasons, we cannot guarantee that it will meet your specific needs.

Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that are not allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

Attorney and Subpoena Fees

If we file an action against you claiming you breached these Terms and we prevail, we are entitled to recover reasonable attorney fees and any damages or other relief we may be awarded. If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

FINE PRINT

Escape Room LLC makes no representations that the service is appropriate, enforceable or available for use in your jurisdiction. Those who access or use the service do so at their own volition and are responsible for compliance with local law.  users of the service and members are advised to seek and are solely responsible seeking legal advice from an attorney licensed in your jurisdiction regarding the enforceability of digital waivers, compliance with any specific requirements regarding digital signatures in your jurisdiction and compliance with the electronic signatures in global and National Commerce Act, 15 u.s.c. § 7001 et seq.

Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from the download of any such material. You further acknowledge that the service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the service could lead to death, personal injury, or severe physical or environmental damage. No advice or information, whether oral or written, obtained by you from us or through or from the service shall create any warranty not expressly stated in the terms of use.

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, as such, to the extent such exclusions or limitations are specifically prohibited by applicable law, some of the exclusions or limitations set forth below may not apply to you. You expressly understand and agree that Cyber Waiver and its affiliates, subsidiaries, officers, directors, members, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages , including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if sw development llc has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the service (b) any changes made to the service or any temporary or permanent cessation of the service or any part thereof; (c) the unauthorized access to or alteration of your transmissions or data; (d) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the service; (e) statements or conduct of any third party on the service; and (f) any other matter relating to the service.  in any case, our and our affiliates’ and licensors’ aggregate liability under this agreement will be limited to the amount you actually pay us under this agreement for the service that gave rise to the claim during the 12 months preceding the claim ( if you used a free service, the liability is subject to zero  dollars).

Notice to U.S. Government End Users

The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:

only as Commercial Items,

with the same rights as all other end users, and

according to the Terms

Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is  Escape Room LLC.

Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

Choice of Law

The State of Virginia’s laws. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Fairfax County, Virginia, and each party will be subject to the jurisdiction of those courts.

Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

Severability

If it turns out that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

Amendments and Waiver

Amendments or changes to these Terms will not be effective until we post revised Terms on the Website. If we do not immediately take action on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.

Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Cyber Waiver, 7201 Lee Hwy, Falls Church, Virginia, or any addresses as we may later post on the Website.

Entire Agreement

These Terms, our Privacy Policy, (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.

Where there is a conflict between these Terms and the Additional Terms, the Additional Terms will control.

Congratulations! You have reached the end. Thanks for taking the time to learn about Cyber Waiver’s policies.

 

Updated July 28th, 2017