Effective Date: 3-19-23 or the date you accept the terms of agreement.

 

Welcome to Lionfish Cyber Security's website and platforms (collectively, the "Services"). The Services are owned and operated by Lionfish Cyber Security Inc. ("Lionfish", "we", "us", or "our"). By accessing or using our Services, you agree to comply with and be bound by these Terms of Use ("Terms"). If you do not agree with these Terms, you must not access or use our Services.

1. Eligibility and Account Registration

To access and use our Services, you must be at least 18 years old, or the age of majority in your jurisdiction, and have the power and authority to enter into these Terms. By accessing our Services, you represent and warrant that you meet these requirements. You may be required to create an account ("Account") and provide certain information about yourself, as prompted by our registration process. You are responsible for maintaining the confidentiality of your Account information and for all activities that occur under your Account.

2. Acceptable Use and Conduct

You are responsible for your use of our Services and must not:

1. Violate any applicable laws or regulations.
2. Infringe upon the intellectual property rights of Lionfish or any third party;
3. Access or attempt to access any unauthorized areas of our Services, or interfere with the security features of our Services;
4. Upload, post, or transmit any content that is defamatory, offensive, harassing, threatening, or otherwise objectionable;
5. Use the Services for any illegal or unauthorized purpose, including but not limited to, hacking, phishing, or engaging in cyber attacks;
6. Reverse engineer, decompile, or disassemble any portion of our Services, except as permitted by applicable law;
7. Use any robot, spider, or other automatic device to monitor or copy our Services or content; or
8. Transmit any viruses, worms, or other harmful code that may interfere with the operation of our Services.

 

3. Intellectual Property

All content, logos, designs, graphics, images, and other materials provided on our Services are the property of Lionfish or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any of our content without our prior written consent, except as expressly permitted by these Terms.

4. Third-Party Links and Services

Our Services may contain links to third-party websites, products, or services that are not owned or controlled by Lionfish. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, products, or services. By using our Services, you release Lionfish from any liability arising from your use of any third-party websites, products, or services.

5. Disclaimer of Warranties and Limitation of Liability

Our Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Lionfish does not warrant that our Services will be error-free, uninterrupted, or secure.

To the extent permitted by law, in no event shall Lionfish or its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, arising from or related to your use of our Services.

6. Indemnification

You agree to indemnify, defend, and hold harmless Lionfish, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

1. Your access to or use of our Services;
2. Any content you submit, post, or transmit through our Services;
3. Your violation of these Terms;
4. Your violation of any applicable laws or regulations; or
5. Your violation of any rights of any third party, including intellectual property rights.

 

7. Modifications to the Services and Terms

Lionfish reserves the right to modify, suspend, or discontinue our Services (or any part thereof) at any time, with or without notice to you. We may also revise these Terms from time to time, at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree with the new Terms, you must stop using our Services.

8. Termination

We reserve the right to terminate your access to and use of our Services at any time, for any reason, without notice or liability, including, but not limited to, if we determine that you have breached these Terms or any applicable laws or regulations. Upon termination, all provisions of these Terms shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Lionfish is incorporated, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the rules of an arbitration organization agreed upon by the parties, or, if the parties cannot agree, in accordance with the rules of the American Arbitration Association.

10. Miscellaneous

These Terms constitute the entire agreement between you and Lionfish concerning your use of our Services and supersede any prior or contemporaneous agreements, communications, or proposals between you and us. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11. Contact Information

If you have any questions or concerns about these Terms, please contact us at info@lionfishcybersecurity.com or 3815 River Crossing Pkwy Suite 100, Indianapolis, IN, 46240.

12. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy https://lionfishcybersecurity.com/privacy-policy-page/, which is incorporated by reference into these Terms, to learn more about how we collect, use, and protect your personal information when you access or use our Services.

13. International Users

Our Services are controlled and operated from the jurisdiction in which Lionfish is incorporated. We make no representations that our Services are appropriate or available for use in other locations. If you access our Services from outside of our jurisdiction, you do so at your own risk and are responsible for compliance with local laws and regulations.

14. DMCA Notice

If you believe that your copyrighted work has been used in a way that constitutes copyright infringement and is accessible through our Services, please notify our designated copyright agent, as set forth in the U.S. Digital Millennium Copyright Act of 1998 (DMCA). To file a DMCA notice, please provide our copyright agent with the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
4. Your contact information, including your address, telephone number, and an email address;
5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA notices can be contacted at info@lionfishcybersecurity.com.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms, which shall remain in full force and effect.

16. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at our discretion, without restriction, and without notice to you.

17. Force Majeure

Lionfish shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18. Electronic Communications

By using our Services, you consent to receive electronic communications from us, including via email, text, or in-app notifications. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

19. Feedback and Suggestions

We welcome and encourage your feedback, comments, and suggestions for improvements to our Services ("Feedback"). By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, and perpetual license to use, modify, publish, reproduce, distribute, and display your Feedback in any manner and for any purpose, without any obligation to compensate you.

20. Notice for California Users

Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on our Services, shall constitute the entire agreement between you and Lionfish concerning your use of our Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

22. No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Lionfish's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

24. Contact Us

If you have any questions about these Terms, please feel free to contact us at info@lionfishcybersecurity.com or 3815 River Crossing Pkwy Suite 100, Indianapolis, IN, 46240.

In conclusion, these Terms of Use outline the conditions and requirements for accessing and using Lionfish Cyber Security's website and platforms. By agreeing to these Terms, users acknowledge their responsibilities, understand the limitations of our Services, and consent to the governing laws and dispute resolution procedures.

We encourage users to familiarize themselves with these Terms and our Privacy Policy to ensure a safe, secure, and enjoyable experience while using our Services. If you have any questions or concerns, please do not hesitate to contact us. We appreciate your cooperation and thank you for choosing Lionfish Cyber Security.