IDT911 SERVICES CONSUMER TERMS AND CONDITIONS
Upon payment of all applicable Fees, CyberScout shall act as a service provider to Company’s Client Businesses. Services performed by CyberScout shall be performed directly for the Client Business and CyberScout shall have no obligation to provide services directly to a Covered Party unless a Covered Party has separately contracted with CyberScout for such services.
All materials provided by CyberScout to Client Businesses and Covered Parties, including, but not limited to, any trade secrets, know-how, methodologies, computer code, and processes, and the CyberScout website and all content and materials included therein, all of which are related to the products and services provided by CyberScout, shall remain the sole and exclusive property of CyberScout, its providers, and their suppliers, including, without limitation, all copyrights, trademarks, patents, trade secrets, and all other proprietary rights inherent therein or appurtenant thereto (collectively, “CyberScout Materials”). Client Businesses and Covered Parties may not under any circumstances transfer or provide the CyberScout Materials to any third party or otherwise permit any third party to use the CyberScout Materials.
The Parties acknowledge that they are aware that there are substantive risks including, but not limited to loss and corruption of data, delays, non-deliveries, misdeliveries and service interruptions associated with reception, transmission, storage, manipulation, and other uses of data over the Internet which are outside the control of either Party (hereinafter, collectively, “Data Losses”).
USE OF THE SERVICES BY A COVERED PARTY IS AT THE COVERED PARTY’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CyberScout EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.
CyberScout MAKES NO WARRANTY THAT (i) PAST IDENTITY FRAUD WILL BE RESOLVED, IN WHOLE OR IN PART, (ii) FUTURE IDENTITY FRAUD WILL BE PREVENTED, (iii) THE SERVICES WILL MEET REQUIREMENTS OF THE CLIENT BUSINESS OR ITS COVERED PARTIES, (iv) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (v) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (vi) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY A CLIENT BUSINESS OR ITS COVERED PARTIES THROUGH THE SERVICES OR VIA CyberScout WILL MEET THE EXPECTATIONS OF THE CLIENT BUSINESS OR ITS COVERED PARTIES.
IN NO EVENT SHALL CyberScout BE LIABLE FOR ANY DIRECT DAMAGES OR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES, WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT OR FROM DATA LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENDED CONDUCT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME, GOODWILL OR REVENUE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.