By way of example, and not as a limitation, you agree not to (or permit others to): (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any “Submissions” such as, without limitation, text, communications, software, images, sounds, data or other materials or information using any communications service or other service available on or through the Software, that:
You will not use any robot, spider, scraper or other automated means to access the Software for any purpose without IB5k’s express written permission. Additionally, you will not: (i) interfere or attempt to interfere with the proper working of the Software or any activities conducted on the Software; or (ii) bypass any measures IB5k may use to prevent or restrict access to the Software.
For the avoidance of doubt, you will not use any device, software, or routine to damage, interfere or attempt to interfere with any application, function, or use of the Software. You shall not decompile, disassemble, decrypt, extract, reverse engineer, or otherwise attempt to derive the source code of the Software (including the tools, methods, processes, and infrastructure) enabling or underlying the Software. You shall not attempt to access the Software through any unapproved interface. In addition, you shall not remove any proprietary notices or labels except as expressly provided for by agreement between you and IB5k.
IB5k may remove any Content and Submissions at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Submissions), or for no reason at all.
By using the Software, you consent to receiving electronic communications from IB5k. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Software. These electronic communications are part of your relationship with IB5k and you receive them as part of your subscription to the Software. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The Software may permit you to link to other websites or resources on the Internet. These other websites are not under IB5k’s control, and you acknowledge that IB5k is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by IB5k or any association with its operators. You further acknowledge and agree that IB5k shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
THE PARTIES HERETO ACKNOWLEDGE THAT THE THIRD PARTIES THAT PROVIDE THE THIRD PARTY SERVICES AND SITES MAY, AT ANY TIME, CHANGE THE MEANS BY WHICH THEY PROVIDE THE THIRD PARTY SERVICES AND SITES, AND CONSEQUENTLY, THE ABILITY TO USE THE THIRD PARTY SERVICES AND SITES TO FACILITATE ACCESS TO THE SERVICES OR SITES MAY BE TEMPORARILY OR PERMANENTLY DISABLED. THE PARTIES HERETO AGREE THAT IB5K SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU WHATSOEVER IN RELATION TO THE THIRD PARTY SERVICES OR SITES, AND THAT IB5K MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE THIRD PARTY SERVICES.
You agree not to provide IB5k with any information that you desire or are required to keep secret.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN (INCLUDING THOSE PROVISION WITH RESPECT TO THIRD PARTY SITES AND SERVICES), TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IB5K’S LIMITATIONS ON WARRANTIES ARE AS FOLLOWS:
THE SOFTWARE AND ALL CONTENT, SUBMISSIONS AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SOFTWARE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SOFTWARE AND CONTENT, SUBMISSIONS AND PRODUCTS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IB5K, AND ITS AGENTS, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) ANY CONTENT OR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY RESULTS, DATA, OR INFORMATION OBTAINED THROUGH THE SOFTWARE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (B) THE SOFTWARE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SOFTWARE, OR OBTAINING PRODUCTS THROUGH THE SOFTWARE, WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SOFTWARE IS SOLELY AT YOUR OWN RISK. NEITHER IB5K NOR ITS AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY CONTENT, SUBMISSIONS, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR POSTED BY USERS OF THIS SITE.
In addition to and not in lieu of the confidentiality obligations set forth in the Agreement, this Exhibit shall apply to Personal Information.
IB5k represents and warrants that in connection with its Use of Personal Information, IB5k will at all times comply with (i) all applicable laws, rules, and/or regulations applicable to the privacy and security of Personal Information; and (ii) all User or User customer policies applicable to the privacy of Personal Information (together, the “Privacy and Data Security Requirements”).
IB5k agrees, without further consideration and at IB5k’s expense, to take such actions necessary to protect Personal Information and to execute and deliver such documents as may be necessary to comply with all Privacy and Data Security Requirements.
Without limiting the generality of anything contained herein, IB5k agrees that:
IB5k represents and warrants that it shall maintain a comprehensive written information security program and computer system security requirements sufficient to comply with the all applicable state and federal laws (“IB5k Security Policies and Procedures”). IB5k shall review the IB5k Security Policies and Procedures on a regular basis and update them as necessary to comply with legal and regulatory changes and the risk facing IB5k and the Personal Information in its possession. IB5k shall provide User with such details and information regarding the IB5k Security Policies and Procedures, as User may reasonably request from time to time.
To the extent that IB5k’s advisors, affiliates, agents or contractors have access to the Personal Information, IB5k shall maintain written agreements with such entities that are consistent with the requirements of the Agreement and that require such entities to (i) protect the security of the Personal Information in a manner that complies with all applicable law and (ii) comply with all terms and conditions of the Agreement related to Personal Information.
IB5k will ensure that no Personal Information is disclosed to or accessed by any third parties except as expressly permitted by the Agreement or expressly authorized by User in writing. IB5k will not, and will ensure that none of its personnel, affiliates, agents or contractors break, bypass, or circumvent, or attempt to break, bypass or circumvent, any security system of User, User’s affiliates, User customer, User customer’s affiliates and/or service providers, or obtain, or attempt to obtain, access to any Personal Information, except as expressly authorized by the Agreement.
IB5k shall implement and maintain computer system security requirements to protect all Personal Information.
IB5k will notify User immediately either in writing or via telephone, of any actual, suspected or threatened Security Incident involving Personal Information. The notification provided to User shall include, if known, and to IB5k’s knowledge as of the time of notice: (i) the general circumstances and extent of any unauthorized access to Personal Information or intrusion into the computer systems or facilities on or in which Personal Information is maintained; (ii) which categories of Personal Information where involved; (iii) the identities of all individuals whose Personal Information was affected; and (iv) steps taken to secure the data and preserve information for any necessary investigation. The notification required to be delivered to User under this Section shall be delivered promptly and in no event later than twenty-four (24) hours after IB5k learns of any such actual, suspected or threatened Security Incident. IB5k shall not delay its notification to User for any reason, including, without limitation, investigation purposes. IB5k shall cooperate fully with User in investigating and responding to each successful or attempted security breach including allowing immediate access to IB5k’s facility by User or User’s investigator, to investigate, and obtain copies of data as provided herein.
As between User and IB5k, all Personal Information is and shall remain the exclusive property of User. Upon User’s request and at User’s expense and direction, IB5k shall promptly, within three (3) days of User’s request, provide copies of all Personal Information (or such portions as may be specified by User), in IB5k’s possession or under its control, in an industry standard format, including logs, where such logs can reasonably be redacted to prevent disclosure of information of other IB5k customers, or other electronically stored information concerning Personal Information or access thereto, and using such media as User may request. At any time during the term of the Agreement, User may request, in writing, that IB5k destroy or erase all copies of the Personal Information in IB5k’s possession or under its control and IB5k shall comply with all such requests. Under no circumstances shall IB5k withhold any Personal Information. Notwithstanding any other provision in this Agreement, IB5k shall not possess or assert any lien against or to Personal Information.