PLEASE BE AWARE THAT THE SECTION ENTITLED "GOVERNING LAW; DISPUTE RESOLUTION" OF THESE TERMS BELOW CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT USER AND PROJECT CYBER HAVE AGAINST EACH OTHER ARE RESOLVED. AS SET FORTH THEREIN, USER WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST PROJECT CYBER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. ALSO, THESE TERMS INCLUDE A RELEASE BY USER OF ALL CLAIMS FOR DAMAGE AGAINST PROJECT CYBER AND CERTAIN THIRD PARTIES THAT MAY ARISE OUT OF THE USE OF OR OTHERWISE RELATES TO USE OF THE SITE.
Parties. The mutual rights and obligations set forth in these Terms are between User and Project Cyber, with address at PO Box 252392, Los Angeles, CA 90025 regarding the Sites.
Modifications. User should review these Terms regularly as the Terms may change at any time at our sole discretion. Modifications will be posted on the Sites and will be effective as of the date of posting. User’s continued use of any of the Sites following the posting of changes to these Terms constitutes acceptance of those changes.
Acceptance of the Terms. User represents and warrants that: (a) User is of legal age to form a binding contract with Project Cyber, and (b) if User is using any Site on behalf of a person, company or entity, User represents and warrants that User has full legal authority to accept these Terms on behalf of that person, company or entity.
Using the Site and our Content
- License Grant. Subject to, and conditioned on, User’s compliance with these Terms, Project Cyber hereby grants to User a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable, royalty-free right and license to (i) use the Sites to access Content offered by Project Cyber; and (ii) use the resources, content, data, tools or other materials provided by Project Cyber through the Sites (collectively, “Content”) solely for non-commercial and educational purposes.
- Use of Brands. User will not use Project Cyber’s names, logos, or trademarks, without our prior written consent.
- Ownership. As between User and Project Cyber, we and our licensors (as applicable) own all rights, title, and interest in and to the Sites, the Content, and Project Cyber’s marks. All rights not expressly granted in these Terms are withheld.
- Feedback. If User provides us feedback about the Content or the Sites, User hereby grants to Project Cyber an unlimited, worldwide, royalty-free, perpetual, sublicensable (including through multiple tiers), and irrevocable right and license to use, share, commercialize, and otherwise exploit User’s feedback in any manner and for any purpose without any obligation to User.
Third Party Sites and Third Party Content
- Hosting Provider. You acknowledge that the hosting services for certain Sites may be provided by another third party hosting provider (“Hosting Provider”). Your access to and use of any Site, and the support and maintenance of the Sites are subject to the Hosting Provider’s terms and conditions, as updated from time to time. You agree to abide by all such terms and conditions. Project Cyber is not responsible or liable for, and makes no representations, as to the availability, maintenance, or support of the Sites or any aspect of the services offered by such Hosting Provider.
Indemnification; Disclaimer of Warranties; Limitations on Liability
- Indemnity. User agrees to release, indemnify, defend and hold harmless Project Cyber, its officers, directors, employees, agents, licensors and suppliers (together, “Project Cyber”) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from: (i) User’s use of the Sites and Content made available on the Sites; and (ii) any violation of these Terms or applicable law by User in connection with User’s use of the Sites, including, but not limited to, any actual or alleged infringement by User or any person to whom User provides access to the Sites of any intellectual property or privacy or other right of any third party, to the fullest extent permitted under applicable laws. If User is a California resident, User waives California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If User is a resident of another jurisdiction, User waives any comparable statute or doctrine.
- Disclaimer. THE SITES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO BE USED ONLY FOR INFORMATIONAL PURPOSES. THE PROJECT CYBER PARTIES MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SITES AND CONTENT, AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOU AGREE THAT USE OF THE SITES IS AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR VERIFYING ALL OF THE CONTENT AVAILABLE ON THE SITE BEFORE RELYING ON IT. WE MAY DISCONTINUE PROVIDING ACCESS TO THE SITES AND CONTENT OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE OR OPERATION THEREOF, AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE OR PENALTY, INCLUDING WITHOUT LIMITATION IMPOSING LIMITS ON CERTAIN FEATURES OF THE SITE OR RESTRICTING ACCESS TO ANY OR ALL OF THE SITES. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THAT THE SITES AND CONTENT WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, CURRENT, COMPLETE, ERROR FREE OR FREE OF HARMFUL COMPONENTS.
- Limitations of Liability. NEITHER PROJECT CYBER NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, OWNERS, SHAREHOLERS, SUCCESSORS OR ASSIGNS (THE “PROJECT CYBER PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH ANY USE OF OR RELIANCE ON CONTENT, MATERIALS, OR LINKS (INCLUDING THIRD PARTY LINKS) MADE AVAILABLE ON OR THROUGH THE SITES. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO $100.
- Exclusions. Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to User to the extent prohibited by law. In such cases, the Project Cyber Parties’ liability will be limited to the fullest extent permitted by applicable law.
Governing Law and Dispute Resolution. These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws principles. IF ANY CONTROVERSY OR CLAIM BETWEEN USER AND PROJECT CYBER ARISES OUT OF USER’S USE OF THE SITES OR THESE TERMS THAT CANNOT BE RESOLVED THROUGH DIRECT DISCUSSIONS, THE DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING CONFIDENTIAL ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES,” AVAILABLE AT WWW.ADR.ORG) OR, IF THE CLAIMS QUALIFY, IN SMALL CLAIMS COURT. IN ARBITRATION THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD MAY BE LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT. TO BEGIN AN ARBITRATION PROCEEDING, THE PARTY BRINGING A CLAIM MUST SEND A LETTER TO THE OTHER PARTY REQUESTING ARBITRATION THAT DESCRIBES THE CLAIM. WE WILL SEND THE LETTER TO THE ADDRESS USER HAVE PROVIDED US. USER MUST SEND THE LETTER TO US AT: PO BOX 252392, LOS ANGELES, CA 90025, ATTENTION: CORA QUON, EXECUTIVE DIRECTOR. THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. USER MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS OR AT ANOTHER MUTUALLY AGREED LOCATION. WE EACH AGREE THAT THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS ARISING OUT OF USE OF THE SITE OR THESE TERMS SHALL BE A PERIOD OF ONE YEAR FROM USER’S LAST USE OF THE SITES. WE EACH AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTIONS ARISING OUT OF OR CONNECTED WITH THESE TERMS OR THE SITE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES HEREBY CONSENT TO THE JURISDICTION OF AND VENUE IN ANY FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. NOTWITHSTANDING THE FOREGOING ARBITRATION REQUIREMENT, EITHER OF US MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF CONFIDENTIAL INFORMATION OR INTELLECTUAL PROPERTY RIGHTS.
Termination of the Agreement
- Termination. Project Cyber may terminate or revoke your access to all or any portion of the Sites or Content, at any time for any reason. You may terminate these Terms by discontinuing the use of the Sites and Content.
- Effect of Termination. Upon termination or expiration, all rights granted to User under these Terms will terminate; however, Sections 1, 4(a), 4(b), 4(c), 7, 8(b) and 9 of these Terms shall survive any termination or expiration of these Terms.
- Additional Terms. If you access certain Sites or portions of Sites that are protected by password, your use of the Site may be subject to additional terms or other agreements.
- Electronic Communications. User agrees that (i) these Terms constitute an agreement signed by User under applicable law; and (ii) any notices or other communication regarding User’s use of the Sites may be provided to User electronically (by posting on the Sites, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution.
- Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between User and Project Cyber. Project Cyber and User are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
- Assignment and Delegation. User may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may freely assign or delegate any and all rights and obligations under these Terms without notice to User.
- Equitable Remedies. User acknowledges that if User violates or breaches these Terms, it may cause irreparable harm to Project Cyber and its affiliates. Accordingly, User agrees that, if User violates or breaches these Terms, Project Cyber shall have the right to seek injunctive relief against User in addition to any other legal remedies that Project Cyber may have.
- Questions. User may direct any questions, complaints, or claims with respect to the Sites or Content to Fair Labor Association.
- Notices. All notices will be in writing and will reference these Terms. We may notify User using the information User provided, including by email. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. Project Cyber accepts service of process at this address:
Attention: Cora Quon
- Waiver and Severability. If User does not comply with these Terms, our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any right under these Terms must be in a writing signed by the party purporting to waive such right. If a particular term in these Terms is determined to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.