Thank you for choosing Cyber Waiver.
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”).
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.
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.
Changes and Updates
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.
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.
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
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.
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.
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.
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.
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.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
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.
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.
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
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.
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.
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.
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