Last updated: June 22, 2016

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Welcome to ospreysecurity.com, a Big Data driven cyber security and threat intelligence company. By using this Site, you consent and agree to the terms and conditions contained in this Agreement. These Terms of Use (“Agreement”) apply to use of the OspreySecurity.com website located at https://www.ospreysecurity.com (the “Site”). The Site is the property of Osprey Security LLC (“Osprey”, “Osprey Security”, “we”, “our”, “us”, etc.). By using OspreySecurity.com you agree to be legally bound by the terms and provisions in this Agreement. Any use of the Site will constitute acceptance of this Agreement. If you do not agree to be legally bound by all the following terms, please do not access and/or use OspreySecurity.com.

Privacy

Please review our Privacy policy, which also governs your visit to OspreySecurity.com, to understand our practices.

Copyright

All text, images, graphics, user interfaces, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is the property of Osprey Security or its content suppliers and protected by United States and international copyright laws, and various other intellectual property rights laws. No part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Osprey Security’s prior express written consent. Osprey Security expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

Trademarks

Osprey Security® is a United States registered trademark. Osprey Security trademarks may not be used in connection with any product or service that is not the property of Osprey Security, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Osprey Security. You may not use any Osprey Security logo or other proprietary graphic or trademark as part of the link without express written permission. All other trademarks and registered trademarks mentioned on this Site are properties of their respective owners.

License and Site Access

Osprey Security grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Osprey Security. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Osprey Security. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Osprey Security and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Osprey Security name or trademarks without the express written consent of Osprey Security. Any unauthorized use terminates the permission or license granted by Osprey Security.

Osprey Security may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

External Links

The Site may provide links to web sites and access to content, products and services of third parties, including without limitation, Osprey Security’ affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (“Other Sites”). Osprey Security is not responsible for (a) the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by Osprey Security, or vice versa; (b) third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); (c) any loss or damage of any sort you may incur from dealing with any third party; or (d) your dealings with any third parties found on or through the Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. Your participation in the third party site is governed by their terms and conditions.

Email, Feedback, User Information

When you send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

“User Information” is any information that you send or transmit via e-mail or other means to Osprey Security, its webmaster or employees or within a Forum (including, but not limited to, feedback, questions, comments, etc.). Osprey Security does not pre-screen User Information, and Osprey Security has the right (but not the obligation) to refuse or remove any User Information that is available through the Site in its sole discretion. Osprey Security will not store any personal information provided through any other page in this site. By using this Site, you hereby grant Osprey Security a world-wide, royalty free and non-exclusive license to: (a) use, reproduce, copy, modify, transmit, adapt, publish, translate, reformat, create derivative works from, distribute, publicly perform, and publicly display such User Information (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed; (b) publish your name in connection with the User Information; and (c) sublicense such rights to Osprey Security subsidiaries, affiliates, and partners. However, your personally identifiable information will be treated in accordance with Osprey Security’s Privacy Policy.

While Osprey Security takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL Osprey Security OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Osprey Security WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY Osprey Security ON AN “AS IS” AND “AS AVAILABLE” BASIS. Osprey Security MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Osprey Security DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Osprey Security DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM OspreySecurity.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Osprey Security WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Information Accuracy

While Osprey Security takes reasonable steps to present correct and accurate information, we cannot be responsible for the change of information at third party sites. Osprey Security does not warrant that functions contained in OspreySecurity.com content will be uninterrupted or error free, that defects will be corrected, or that OspreySecurity.com or the server that makes it available are free of viruses or bugs. IN NO EVENT SHALL Osprey Security OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER OspreySecurity.com WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Indemnification

You agree to indemnify and hold harmless Osprey Security and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors employees, and any other agents from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

General

No delay or failure to take action under this Terms of Use shall constitute any waiver by Osprey Security of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of Osprey Security permitted successors and assigns. Any claim you have under these Terms of Use must be brought within one (6) months after the cause of action arises. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. Osprey Security may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between Osprey Security and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Osprey Security reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Terms of Use and any such modifications, OspreySecurity.com grants you (“End User”) a personal, non-exclusive, non-transferable, non-sub-licensable, limited privilege to enter and use the Site.

Acknowledgement

You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.

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