Terms and Conditions Statement of Rights and Responsibilities: This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Infosec Learning Principles, and is our terms of service that governs our relationship with everyone who interacts with Infosec Learning in any capacity. By using or accessing the any part of the Infosec Learning portal, website, and/or virtual environment, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Because Infosec Learning is always improving the experience for all of our users, we may ask you to review and accept supplemental terms. To the extent those supplemental terms conflict with this SRR, the supplemental terms govern to the extent of the conflict. Privacy: Your privacy is very important to us. We designed our Data Policy to make important disclosures about how Infosec Learning uses your information. We encourage you to read the Data Policy. Sharing Your Content and Information: For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Infosec Learning (IP License). This IP License ends when you delete your IP content or your account. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). We always appreciate your feedback or other suggestions about Infosec Learning, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them). Safety: We do our best to keep Infosec Learning safe, but we cannot guarantee it. We need your help to keep Infosec Learning safe, which includes the following commitments by you: You will not access Infosec Learning, using automated means (such as harvesting bots, robots, spiders, or scrapers). You will not upload viruses or other malicious code. You will not solicit login information or access an account belonging to someone else. You will not use Infosec Learning to do anything unlawful, misleading, malicious, or discriminatory. You will not do anything that could disable, overburden, or impair the proper working or appearance of Infosec Learning, such as a denial of service attack or interference with page rendering or any other Infosec Learning functionality. You will not facilitate or encourage any violations of this Statement or our policies. Registration and Account Security: Infosec Learning needs your help to keep and maintain the security of your account: You will not provide any false information on Infosec Learning, or create an account for anyone other than yourself without permission. You will not create more than one account. If we disable your account, you will not create another one without our permission. You will keep your contact information accurate and up-to-date. You will not share your password, your secret and key, let anyone else access your account, or do anything else that might jeopardize the security of your account. Payments: If you make a payment on Infosec Learning, you agree to our Payments Terms unless it is stated that other terms apply. Special Provisions Applicable to Software: If you use our software, you agree that from time to time, the software may be updated with additional features from us in order to improve, enhance, and further develop the software. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. Amendments: If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may or may not provide notice. Your continued use of the Infosec Learning Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines. Termination: If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Infosec Learning to you. We will notify you by email or at the next time you attempt to access your account. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 14-18. Disputes: You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Infosec Learning exclusively in the U.S. District Court for District 1 of Maryland or a state court located in Baltimore City, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Maryland will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. If anyone brings a claim against us related to your actions, content or information on Infosec Learning, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Infosec Learning and are not responsible for the content or information users transmit or share. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Infosec Learning. We are not responsible for the conduct, whether online or offline, of any user of Infosec Learning. WE TRY TO KEEP INFOSEC LEARNING UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING INFOSEC LEARNING AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT INFOSEC LEARNING WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT INFOSEC LEARNING WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. INFOSEC LEARNING IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR INFOSEC LEARNING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR INFOSEC LEARNING WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, INFOSEC LEARNING' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Special Provisions Applicable to Users Outside the United States: We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Infosec Learning outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in activities on Infosec Learning. You will not use Infosec Learning if you are prohibited from receiving products, services, or software originating from the United States. Definitions: By “Infosec Learning” or “Infosec Learning Services” we mean the features and services we make available, including through (a) our website at www.infoseclearning.com and any other Infosec Learning branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Infosec Learning reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR. By “Platform” we mean a set of APIs, services (such as content), and our virtual environment that enable others, including application developers and website operators, provide data to Infosec Learning. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Infosec Learning. By “content” we mean anything you or other users provide or share using Infosec Learning Services. By “data” or “user data” or “user's data” we mean any data, including a user's content or information that you or third parties retrieve from Infosec Learning or provide to Infosec Learning in any way. By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. By “application” we mean any application or website that uses or accesses the Infosec Learning Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform, but have not deleted all data from us, the term application will apply until you delete the data. By “Trademarks” we mean any trademarks associated with Infosec Learning. Other: Wherever you are a resident of or have your principal place of business, this Statement is an agreement between you and Infosec Learning, LLC. References to “us,” “we,” and “our” mean Infosec Learning, LLC. This Statement makes up the entire agreement between the parties regarding Infosec Learning, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing Infosec Learning. By using or accessing Infosec Learning Services, you agree that we can use such content and information in accordance with the Data Policy as amended from time to time.