Last Modified: September 1, 2020
(1) Importance and Applicability.
These Terms and Conditions of Sale (these "Terms") contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please review them carefully.
These Terms apply to and will govern your purchase and use of the Cyber Safeguard Products (as defined below) from Cyber Safeguard, LLC (referred to as "Cyber Safeguard", "us", "we", or "our" as the context may require), whether from www.cyber-safeguard.com (the "Website") or otherwise. These Terms are subject to change by Cyber Safeguard, without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated" date referenced on the Website. You should review these Terms prior to purchasing any of the Cyber Safeguard Products from us. Your purchase of any of the Cyber Safeguard Products and/or your continued use of the Website after the "Last Updated" date will constitute your acceptance of and agreement to such changes.
These Terms require the use of arbitration to resolve disputes, rather than jury trials or class action lawsuits.
You affirm that if you place an order on behalf of an organization or company that you have the legal authority to bind any such organization or company to these Terms. You may not order or obtain any of the Cyber Safeguard Products if you: (a) do not agree to these Terms, (b) are not of legal age to form a binding contract with us in the jurisdiction in which you reside, or (c) are prohibited by applicable law from accessing or using the Website or any of the Website’s contents, goods, or services.
(A) "CS Newswire" means Cyber Safeguard’s CS Newswire subscription service available for purchase on the Website, which provides monthly email alerts to help individuals stay up to date on federal and state laws, news, and updates regarding cyberbullying.
(B) "Cyber Safeguard Products" means, collectively, the CS Newswire, the Education & Compliance Program, and the Take Action Guide.
(C) "Cyberbullying Education & Compliance Program" means Cyber Safeguard’s turnkey Education & Compliance Program, which is an annual subscription program available for purchase on the Website that enables schools to administer a comprehensive program designed to educate students and reduce cyberbullying in schools.
(D) "Take Action Guide" means Cyber Safeguard’s Take Action Guide available for purchase on the Website, which is designed to assist an individual or parent who is currently trying to respond to a case of cyberbullying.
(3) Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all of the Cyber Safeguard Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Cyber Safeguard Products listed in your order to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered.
(4) Prices and Payment Terms.
(A) All prices posted on this Website for the Cyber Safeguard Products are subject to change without notice. The price charged for a Cyber Safeguard Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling (to the extent applicable). All such taxes and charges will be added to your purchase total and will be itemized in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(B) We may offer, from time to time, promotions on the Website that may affect pricing of the Cyber Safeguard Products and that are governed by terms and conditions separate from these Terms. To the extent, if at all, there is a conflict between the terms for a promotion and these Terms, the promotion’s terms will govern.
(C) Terms of payment for the Cyber Safeguard Products are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, America Express, Discover, Diners Club, JCB, and e-checks for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
(A) CS Newswire. Subscriptions to CS Newswire are sold on a monthly, annual or other specified period (each, a "CW Newswire Subscription Term"). The initial CW Newswire Subscription Term starts when you purchase a subscription to CS Newswire. The CW Newswire Subscription Term will automatically renew for successive periods of the same length as the initial CW Newswire Subscription Term, unless terminated by you by email to firstname.lastname@example.org not less than ten (10) days prior to the end of the then-current CS Newswire Subscription Term.
(B) Cyberbullying Education & Compliance Program. Subscriptions to the Cyberbullying Education & Compliance Program are sold for an annual period (each, a "Cyberbullying Education & Compliance Program Subscription Term"). The initial Cyberbullying Education & Compliance Program Subscription Term starts when you purchase a subscription to the Cyberbullying Education & Compliance Program. The Cyberbullying Education & Compliance Program Subscription Term will automatically renew for successive annual periods, unless terminated by you by email to email@example.com not less than one (1) day prior to the end of the then-current Cyberbullying Education & Compliance Program Subscription Term.
We will deliver the Cyber Safeguard Products you have ordered to the e-mail address you provide at ordering either as an e-mail attachment or by secure download link. Please check your order confirmation email for specific delivery instructions.
(7) Returns and Refunds.
Due to the nature of digital products, our policy is not to offer refunds or returns on any of the Cyber Safeguard Products. All sales of our Cyber Safeguard Products are final. Should you consider your individual circumstances to warrant special consideration, you may contact us and we will consider your request. In the event that a refund is offered, your access to the Cyber Safeguard Products you purchased will be immediately revoked. Any special requests for refunds will be granted or denied in our sole and absolute discretion.
(8) Warranty and Disclaimers.
This limited warranty gives you specific legal rights and you may also have other rights, which vary from state to state.
You acknowledge that Cyber Safeguard has limited information regarding your specific circumstances and that Cyber Safeguard cannot ensure the efficacy of any product or use suggestions made by Cyber Safeguard. You acknowledge that you have reviewed the descriptions of the Cyber Safeguard Products available on the Website and understand the essential functional characteristics of the Cyber Safeguard Products and bear the risk should the Cyber Safeguard Products not meet your expectations or requirements. The decision to purchase and/or use any of the Cyber Safeguard Products is yours and yours alone. CYBER SAFEGUARD MAKES NO WARRANTY WHATSOVER THAT ANY PRODUCTS SUGGESTED WILL ACHIEVE A DESIRED RESULT OR WILL BE FIT FOR YOUR APPLICATION AND USE FOR YOUR PARTICULAR PURPOSES.
Subject to the disclaimers contained in this section, Cyber Safeguard warrants to you that for a period of thirty (30) days from your purchase of the Cyber Safeguard Products (the "Warranty Period"), that such Cyber Safeguard Products will be fit for the ordinary purposes for which such products are used and will be free from material defects and prepared in accordance with generally recognized industry standards for similar products.
EXCEPT FOR THE EXPRESS WARRANTIES MADE HEREIN CYBER SAFEGUARD MAKES NO OTHER WARRANTY WHATSOEVER WITH RESPECT TO THE CYBER SAFEGUARD PRODUCTS PURCHASED FROM THE WEBSITE OR ELSEWHERE, INCLUDING ANY (a) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (b) WARRANTY OF MECHANTABILITY; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Products manufactured or otherwise provided by a third party (each a "Third Party Product") may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, Cyber Safeguard Products sold on the Website or elsewhere. Third Party Products are not covered by the limited warranty. For the avoidance of doubt, CYBER SAFEGUARD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT. ALL THIRD PARTY PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Cyber Safeguard shall not be liable for a breach of the limited warranty with respect to any Cyber Safeguard Product unless: (i) you give written notice of the defect, reasonably described, to Cyber Safeguard within thirty (30) days of the time when you discover or ought to have discovered the defect; (ii) Cyber Safeguard is given a reasonable opportunity to examine such Cyber Safeguard Product; and (iii) Cyber Safeguard reasonably verifies your claim that the Cyber Safeguard Product is defective.
Cyber Safeguard shall not be liable for a breach of the limited warranty if: (i) you make any further use of such Cyber Safeguard Product after giving such notice; (ii) the defect arises because you failed to follow Cyber Safeguard’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of such Cyber Safeguard Product.
YOUR SOLE REMEDY AND CYBER SAFEGUARD’S SOLE OBLIGATION AND LIABILITY WITH RESPECT TO BREACH OF THE LIMITED WARRANTY IS LIMITED, AT CYBER SAFEGUARD’S OPTION, TO REPAIR, REPLACEMENT, OR REFUND OF THE PRICE PAID FOR THE DEFECTIVE CYBER SAFEGUARD PRODUCT.
(9) Limitation of Liability.
IN NO EVENT SHALL CYBER SAFEGUARD, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, AGENTS, OR REPRESENATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN NO EVENT SHALL CYBER SAFEGUARD’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE CYBER SAFEGUARD PRODUCTS PROVIDED, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO CYBER SAFEGUARD FOR THE APPLICABLE CYBER SAFEGUARD PRODUCT GIVING RISE TO SUCH CLAIM. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT CYBER SAFEGUARD OFFERED THE CYBER SAFEGUARD PRODUCTS BASED ON THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, WHICH REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
(10) Goods Not for Resale or Export.
You represent and warrant that you are buying the Cyber Safeguard Products from the Website for your own personal or business use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
(11) General Use Restrictions.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) republish, reproduce, modify, translate, enhance, or create derivative works of all or any portion of any of the Cyber Safeguard Products. You shall take reasonable measures to prevent the Cyber Safeguard Products from being stolen or accessed without authorization and to prevent third parties from carrying out the restricted activities set forth in this Section 11.
(12) Intellectual Property Use and Ownership.
You acknowledge and agree that Cyber Safeguard is and will remain the sole and exclusive owner of all intellectual property rights in and to each of the Cyber Safeguard Products and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Cyber Safeguard Products made available through this Website, or of any intellectual property rights relating to the Cyber Safeguard Products. You will not nor will you permit your employees or agents to remove or alter any trademark, trade name, copyright, patent, patent pending, or other proprietary notices, legends, symbols, or labels appearing on the Cyber Safeguard Products or related documentation delivered by Cyber Safeguard.
(13) Links to Other Websites and Resources.
The Cyber Safeguard Products may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or resources linked by or referenced in the Cyber Safeguard Products, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or resources.
(14) Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
(15) Governing Law and Jurisdiction.
The Website is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.
(16) Dispute Resolution and Binding Arbitration.
(A) YOU AND CYBER SAFEGUARD ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF THE CYBER SAFEGUARD PRODUCTS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(B) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 16. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(C) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CYBER SAFEGUARD WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one party’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 17 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
(18) No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Cyber Safeguard.
(19) No Third Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(A) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(B) To Us. To give us notice under these Terms, you must contact us as follows: (i) by electronic mail transmission to firstname.lastname@example.org or (ii) by personal delivery, overnight courier or registered or certified mail to Cyber Safeguard, LLC, 3348 Peachtree Road NE, Suite 700, Atlanta, GA 30326. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by electronic mail transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
(22) Entire Agreement.