Effective and Last Updated: 2/6/2019
1. Parties. The parties to this Agreement are you, and the owner and operator of this App: Cyber Training Technologies L.L.C. (“Company”). All references to “we”, “us”, or “our App” shall be construed to mean the Company.
2. Applicability. This Agreement applies to the App, Lead Capture. It does not apply to any other apps or Apps to which we may link from time to time.
4. Description of Services. This App provides the ability for users to capture, compile, arrange, organize, and share leads, as well as share information and correspond with those leads. The App operates by scanning barcodes or QR Codes and capturing images.
5. License. We hereby grant to you a limited non-exclusive, non-transferable, and revocable license to access and use the App for your personal use and not for purposes of resale. This license terminates automatically if you breach this Agreement or if we terminate your access to or membership in the App for any reason, in our sole discretion.
6. Prohibited Activities. The following activities are expressly prohibited without our prior written permission: (i) any attempt to modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale this App or its contents in any form except as expressly authorized by this Agreement; (ii) any non-personal or commercial use, except as may be provided in any separate written agreement signed by the parties or separate agreement originating with this App; (iii) use of any robot, spider, other automatic device, or manual process to monitor or copy this App or any of its contents; (iv) attempting to gain unauthorized access to any of our services, user accounts, computer systems or networks through hacking, password mining or other means; (v) “mirroring” this App or any contents on any other server; (vi) reverse engineering, attempting to derive source code from, or translating for commercial purposes any part of the App; (vii) collection or use of information for a supplier of competitive or comparable products or services; (viii) misusing the App or the services we provide, creating fraudulent user accounts, or collecting or storing personal information about other users; (ix) any action that imposes an unreasonable or disproportionately large load on this App or otherwise interferes with its functioning; (x) interfering with other users’ use and enjoyment of the App; or (xi) any other action that may reasonably and adversely jeopardize the Company’s reputation or quality of services.
8. Communications. By inputting data, providing information, posting messages, uploading files, content or materials to us or engaging in any other form of communication (individually or collectively “Communications”) to or within the App, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify edit, create derivative works, and otherwise exploit such Communications and any ideas or original materials contained in such Communications. If you are inputting data or providing information for or about a third party, you represent and warrant to us that you are duly authorized to provide or input such data or information. We will not treat information that you post to areas of this App that are viewable by others (for example, to a forum or chat-room) as confidential or proprietary. You may not post any infringing, threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate or unlawful material. We have no obligation to monitor posts to this App; however, we reserve the right to review such posts and to remove any material that, in our sole judgment, is not appropriate.
9. Third Party Contributions. Any messages, files, data, information, content, materials or other contributions of third parties (“Contributions”) to the App do not necessarily represent our view or opinions. We do not assume any responsibility for the consequences of Contributions on or any Communications. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of this App. We do not represent or guarantee the truthfulness, accuracy or reliability of any Contributions posted by users or endorse any opinions expressed by such users. Any reliance upon Contributions posted on this App is at your own risk. You agree that we have the right, but not the responsibility, to monitor and remove any Contributions to the App at any time for any reason in our sole discretion.
10. Third Party Apps. The App is capable of sharing information from app to app so that multiple users can scan and share images. We are not involved in the actual transactions between any parties in connection with the App, and have no control over them. You are responsible for providing, at your own expense, all tools or equipment necessary to use our services, including a mobile phone or tablet and Internet access (including payment of all fees associated with such access) for purposes of using the App.
11. Intellectual Property Rights. The material provided on this App is protected by law, including, but not limited to, United States copyright law and international treaties. You may not remove or attempt to remove any copyright, trademark or other proprietary rights notices contained on this App or on any other content associated with the services we provide. The App and the copyright in the content of this App (including, without limitation, text, graphics and other files) is owned by the Company. This App itself is protected under U.S. copyright and other laws. All trademarks appearing on this App are the property of their respective owners. The names, trademarks, service marks and logos appearing on this App may not be used in any advertising or publicity, or otherwise to indicate the Company’s sponsorship of or affiliation with any product, service, event or organization without the Company’s prior express written permission. Except for the limited rights granted in this Agreement, all other rights are reserved.
12. Access to App. We do not guarantee that you will be able to access or use the App at times or locations of your choosing. We may perform updates or maintenance to the App from time to time, and nothing herein shall in any way modify or limit our right to perform such maintenance and other services even if such services would temporarily restrict your access to the App.
14. Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this App (“Advertisers”). Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each Advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. Termination. We may terminate your membership and/or access to the App at any time, for any reason. We have no obligation to continue to provide our services to you for any particular period of time. We may also suspend your membership and/or access to the App for any reason, such as a result of inactivity for an extended period of time. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this App immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this App. We shall not be liable to you or any other party for termination or suspension of your membership and/or access to the App for any reason.
16. No Guaranty or Endorsement. We have no control over, and do not guarantee or endorse, the quality, safety or legality of any items that may be purchased using the App, the quality of services offered by any person using the App, the truth or accuracy of any items in the App. No statement by any person regarding condition, kind, value or quality of an item shall be construed to be an expressed or implied warranty, representation or assumption of liability by us. We have not conducted an investigation of any user signed up though our App.
17. Not a Party to Transactions. Unless the Company expressly consents to be contractually bound thereby, the Company’s relationship to all documents and transactions completed using the service or the App is that of a disinterested third party. We are not an agent to any party to any transaction completed using our App. You are responsible for recognizing the parties of interest in all transactions you complete using the service and assessing all associated risks. We do not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction. All users must settle differences directly.
18. Accuracy of Information. Company has made every effort to present the content on this App accurately, but additions, deletions and changes may occur. Except as may be provided in any separate agreements originating from this App, products, services, and/or content on this App is provided “as is”, and neither Company nor its Affiliates make any representation or warranty with respect to any such products, services, and/or content.
19. Disclaimer of Warranties. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR OUR AFFILIATES. THE COMPANY AND ITS AFFILIATES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO (I) THIS APP, (II) THE TRANSACTIONS CONDUCTED THROUGH THIS APP, (III) ANY DOCUMENTS, FORMS OR AGREEMENTS GENERATED OR USED BY THIS APP, AND (IV) ANY PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM, OR THROUGH TRANSACTIONS FACILITATED BY, THIS APP, IN ALL CASES INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY ALSO DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE APP IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL FILES.
20. Limitation of Liability. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION AND/OR TERMINATION OF YOUR ACCESS TO THE APP. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM (I) YOUR USE OF, OR INABILITY TO USE, THE APP, (II) ANY THIRD PARTY GOODS AND SERVICES OFFERED, SOLD OR TRADED USING THIS APP, OR ANY TRANSACTIONS FACILITATED BY THIS APP (III) OUR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS APP, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS, OR (IV) ANY TECHNICAL ISSUES THAT MAY OCCUR WITH THE APP, INCLUDING, WITHOUT LIMITATION, TECHNICAL ISSUES THAT (A) RESULT FROM THE NEGLIGENCE OF THE COMPANY OR ITS AFFILIATES, OR (B) RESULT IN THE LOSS OF YOUR DATA, COMMUNICATIONS OR CONTRIBUTIONS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
22. ECPA Notice. We intend to be fully compliant with the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the “ECPA”). The ECPA permits our limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This App is not considered a “secure communications medium” under the ECPA.
23. USA Patriot Act Notice. The U.S. federal USA Patriot Act (“USA Patriot Act”) provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
24. Copyright Infringement; The Digital Millennium Copyright Act Notice. This App is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, this App maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this App. All notices should be addressed to the contact person named below (our agent for notice of claimed infringement):
Cyber Training Technologies L.L.C.
Attn: Mr. Peter Mendez P.A.
1622 Hillcrest Street
Orlando, FL 32803
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
25. California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
26. Security and Passwords. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
27. Spam. We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked. Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
28. Definition of Affiliates. Affiliates means with respect to the Company, any other person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, the Company. The term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise, and the terms “controlled” and “controlling” have meanings correlative thereto.
29. Jurisdiction And Venue. The courts of Orange County in the State of Florida, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings under this Agreement.
30. Controlling Law. This Agreement shall be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law.
32. Attorney’s Fees. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.
33. Claims. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
34. Assignment. You may not assign or transfer any of its interest in or rights or obligations under this Agreement without our prior written consent. We may, however, assign or transfer any of our rights or obligations under this Agreement to any third party without your prior consent.
35. Intended For Use Only In The United States. This App is controlled and operated by Company from its offices within the United States. Company does not represent that this App is appropriate or available for use elsewhere; access to this App from locations where its contents are illegal is not authorized. If you access this App from outside the United States, you do so on your own initiative and at your own risk.
36. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
38. Contact Information. If you have any questions or concerns regarding this Agreement please contact:
Cyber Training Technologies L.L.C.
Attn: Mr. Peter Mendez P.A.
1622 Hillcrest Street
Orlando, FL 32803