Terms of Service
Threat Recon Terms of Service
1. ACCEPTANCE OF TERMS
Wapack Labs Corporation welcomes you to Threat Recon. Wapack Labs Corp. provides the Threat Recon Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.ThreatRecon.co By accessing and using the Threat Recon Services, you accept and agree to be bound by the terms and provision of the TOS. Wapack Labs Corp. may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant web site to which they apply.
2. DESCRIPTION OF THREAT RECON SERVICES
Threat Recon provides users with access to our analyses based on information provided by select sources ("Sources"). Threat Recon is offering analyses only, not access to any Source’s information. Some information may be provided (and referenced) by third party Sources. Wapack Labs Corp. will not be responsible or liable for the use of any and all uses of said information provided by any Sources. Any reference to "you" or "your" means you as user of the Services, any reference to "we", "us", "our" or "Threat Recon" is to Wapack Labs Corp, the company that owns Threat Recon. Unless otherwise specified, these Services are for the use of authorized users only.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Threat Recon Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Threat Recon Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Threat Recon Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Threat Recon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Threat Recon has the right to suspend or terminate your account and refuse any and all current or future use of the Threat Recon Services.
5. PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Threat Recon Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Threat Recon of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Threat Recon cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. CONTRIBUTIONS TO THREAT RECON
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Threat Recon through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Threat Recon is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Threat Recon shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Threat Recon may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Threat Recon without any obligation of Threat Recon to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Threat Recon under any circumstances.
You agree to indemnify and hold Threat Recon and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the use or misuse of any information available through the Threat Recon Services, your connection to the Threat Recon Services, your violation of the TOS, or your violation of any rights of another.
8. NO COMMERCIAL REUSE OF THREAT RECON SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Threat Recon Services.
9. MODIFICATIONS TO THREAT RECON SERVICES
Threat Recon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Threat Recon Services (or any part thereof) with or without notice. You agree that Threat Recon shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Threat Recon Services (or any part thereof).
You may terminate your Threat Recon account and access to the Threat Recon Services by submitting such termination request to Threat Recon. You agree that Threat Recon may, without prior notice, immediately terminate, limit your access to or suspend your Threat Recon account, and access to the Threat Recon Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Threat Recon Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Threat Recon Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Threat Recon's sole discretion and that Threat Recon shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Threat Recon Services. Termination of your Threat Recon account includes any or all of the following: (a) removal of access to all or part of the offerings within the Threat Recon Services, (b) deletion of your password and all related information, and (c) barring of further use of all or part of the Threat Recon Services.
11. THREAT RECON’S PROPRIETARY RIGHTS
You acknowledge and agree that the Threat Recon Services and any necessary software used in connection with the Threat Recon Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE THREAT RECON SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE THREAT RECON SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THREAT RECON AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. THREAT RECON AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE THREAT RECON SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE THREAT RECON SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE THREAT RECON SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE THREAT RECON SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE THREAT RECON SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THREAT RECON OR THROUGH OR FROM THE THREAT RECON SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THREAT RECON AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THREAT RECON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE THREAT RECON SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE THREAT RECON! SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE THREAT RECON SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
15. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Threat Recon may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Threat Recon Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Threat Recon Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Threat Recon Services in an authorized manner.
17. TRADEMARK INFORMATION
You agree that all of Threat Recon’s trademarks, trade names, service marks and other Wapack Labs logos and brand features, and product and service names are trademarks and the property of Wapack Labs Corp. (the "Threat Recon Marks"). Without Wapack Labs Corp.'s prior permission, you agree not to display or use in any manner the Threat Recon Marks.
18. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Wapack Labs Corp. and governs your use of the Threat Recon Services, superseding any prior version of this TOS between you and Wapack Labs Corp. with respect to the Threat Recon Services. Governing Law and Mandatory Arbitration. You and Wapack Labs Corp. each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Wapack Labs, shall be brought exclusively in the courts located in the county of Hillsborough County, NH. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE WEBSITE OR SERVICES ("DISPUTES"), SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN MANCHESTER, NH, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrator shall not have the power to award any damages or remedies in excess of the member’s annual subscription fee. Waiver and Severability of Terms: The failure of Threat Recon to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Threat Recon Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to firstname.lastname@example.org Last updated June 22, 2014