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TERMS OF USE & PRIVACY POLICY

 
These are the Terms of Service and Privacy Policy ("Terms," "Agreement," or "policy") governing your use of the Countercastle LLC ("Countercastle" or "we") website located on the Internet at www.countercastle.com ("Site"). By using the Site, you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to be bound by these terms, or object to part or all of these Terms, please do not access Site.
 
No Warranties
By using the Site, you agree that its contents are provided "as is" without warranty of any kind, expressed or implied. You agree that under no circumstances shall Countercastle or its authors or officers be liable for any incidental, special, or consequential damages that result from the use, or inability to use, the content of the Site. You agree that your use of the Site and its contents, including any advice they offer, are strictly at your own risk.
 
Limited Liability
Countercastle’s liability to you is limited. To the maximum extent permitted by law, in no event shall Countercastle, its Affiliate entities, officers, directors, employers, contractors, subcontractors, agents or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Site.
 
To the maximum extent permitted by applicable law, Countercastle assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content provided by or in relationship to the Site; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, including any purchases made therein or advice received therefrom; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the Site by any third party; (vi) Site content that is inaccurate, incorrect, or outdated. In no event shall Countercastle, its Affiliate entities, owners, officers, directors, employers, agents or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Countercastle hereunder.
 
This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if Countercastle has been advised of the possibility of such damage.
 
Governing Law
This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and Countercastle arising out of, relating to, or in connection with the Site shall be determined in a court of law in the County and City of Los Angeles, California.
 
Copyright and Permission to Use
Except where otherwise noted, all writing and graphics published on the Site are Copyright © 2016-2021 Countercastle LLC, All Rights Reserved. You have permission to quote short passages of any writing on the Site for academic writing or journalism, provided that you cite the author. If you quote any content on the Site, you agree that the article, book, posting, film, broadcast, show, or other material where the quoted content appears may be promoted on the Site, including a screenshot or photograph of the material where the quoted content appears, without renumeration to you or your publisher, in perpetuity.
 
If you post text or images ("Commentary") on the Site, you agree that the Site and Countercastle may use your Commentary for any purpose, including republication of your Commentary elsewhere digitally or in print, and without remuneration of any kind to you, in perpetuity.
 
All rights not expressly licensed to you are reserved to Countercastle.
 
Countercastle Cybersecurity® is a registered trademark protected by U.S. and international law.
 
Restrictions
You agree not to use any automated systems, including, without limitation, "robots," "spiders," "web crawlers," "screen scrapers," "page scrapers," "offline readers," "bot" or "Denial of Service" (DoS) traffic generators, or similar tools that access the Site in a manner that sends more request messages to our network than a human can reasonably produce in the same period of time by using a conventional online web browser. You will not attempt to gain unauthorized access to any non-public part or feature of the Site or Countercastle's networks by hacking, password mining or guessing, or other means that are illegal or not officially permitted in writing by Countercastle. You agree not to frame the Site in browser frames, or otherwise alter or reroute content from the Site en route to a visitor's browser. You agree not to impersonate Countercastle employees, contractors, subcontractors, or partners in any electronic message. Appropriate legal action will be taken for any illegal or unauthorized use of the Site.
 
Data Collection and Other Sites
Countercastle may collect technical and usage information about you and your computer such as your IP address, browser parameters, and the web pages you visit on the Site in order to better serve you. Countercastle will not intentionally collect information about non-Countercastle websites you visit.
 
The Site may contain web links to other websites which may collect their own data about you; your use of those sites will be governed by their terms of use and privacy policies, which may differ from Countercastle's policy, and you agree to hold Countercastle harmless for the content of, and any data collected by, those other websites.
 
Handling, Uses, and Security for Sensitive Data
If you submit data to the Site, you understand that your data may travel across local, state, national, and international boundaries. Your data may be stored, intercepted, scrutinized, or abused by Internet Service Providers, government agencies, or other third parties while it is in transit, which is outside of Countercastle's control, and for which you agree to hold Countercastle harmless.
 
You agree not to email, upload, post, or transmit sensitive data to Countercastle or its employees or partners without prior written approval and encryption instructions from Countercastle. Such data includes, but is not limited to, Personally Identifiable Information (PII), or data concerning vulnerabilities on websites or in software. If you transmit such data without written permission from Countercastle, you agree to hold Countercastle harmless if the data is intercepted, lost, stolen, exploited, or published. When sending sensitive data to Countercastle, you agree to encrypt it using instructions provided by Countercastle. If you become a Countercastle client, which requires a written and mutual contract with Countercastle, Countercastle will establish secure protocols with you for the encrypted transmission of sensitive information. Unless a written a mutual contract has been established with Countercastle to the contrary, Countercastle offers no warranty nor guaranty regarding data transmitted to it.
 
Cookies
Countercastle may store some information in cookies (temporary files stored on your computer) in order to identify you and your preferences as you navigate through the Site, which is a common practice on the Internet. Countercastle does not store information such as your name, address, or other PII in cookies. Information stored in cookies, if important to Countercastle, is always encrypted using an industry-standard encryption algorithm in order to help protect your data from third parties. Cookies are marked to expire unless you choose to keep your online session active indefinitely. If you choose not to accept cookies in your web browser, some functions on the Site may not function properly for you.
 
Data Retention
Countercastle reserves the right to retain the information it collects about you indefinitely, except where otherwise noted in this policy, and data retained will be subject to the terms of this policy.
 
California Consumer Privacy Act (CCPA) Disclosures
The California Consumer Privacy Act of 2018 (CCPA) requires Countercastle to provide additional privacy-related information to residents of California.
 
Countercastle may collect and/or share the following categories of personal information with affiliated companies, subcontractors, or government agencies for its business purposes: government-issued identification data provided willingly by Countercastle customers; banking or other payment data provided by Countercastle customers; personal contact information, such as name, phone number, address, or email address; website settings or preferences; and, Site visitors' browser settings, IP addresses, and similar browsing and Internet telemetry data.
 
The above categories of data may be used for business purposes that include delivering services to you at your request, improving our services, securing and debugging our systems, processing billing, verifying your identity in order to provide services, communicating with you, marketing to you, customizing your web surfing experience, and responding to legal actions.
 
We may share the above information with third parties, subcontractors, and partners contracted to provide services on our behalf. Categories of these services include Internet and hosting services, payment processing services, data analytics services, security scanning and security testing services, and marketing and communications services. We may also share the above information with government agencies when required to do so under U.S. law.
 
We do not sell personal information to third parties.
 
Subject to certain exceptions and qualifications, if you are a California resident, you have the right to (i) request access to your personal information; (ii) request deletion of your personal information; (iii) request information about the personal information about you that we have sold (as such term is defined under California law) to third parties within the past 12 months; and (iv) opt-out of the sale of your personal information, as detailed above.
 
To opt-out of the sale of your personal information as described in this section, contact us via our website at www.countercastle.com.
 
Should you wish to request the exercise of your other rights as detailed above with regard to your personal information, and to the extent allowed by applicable law, please contact us via our website at www.countercastle.com.

Severance
If any section or subsection of this policy or the application thereof to any person or circumstances is held to be legally invalid, the remainder of the policy shall not be affected thereby.
 
Updates
In order to maintain timely policies, Countercastle reserves the right to change its Terms of Use and Privacy Policy at any time for any reason without notifying you.
 
Contacting Countercastle
Countercastle LLC may be contacted via the Countercastle website at: www.countercastle.com. For legal process serving, our mailing address is Registered Agents Inc., 1401 21st Street STE R Sacramento, CA 95811