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Terms & Conditions

Welcome to CyberGuide (“we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of CyberGuide (the “Site”). By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. Acceptance of Terms

By using the Site, you signify your acceptance of these Terms. These Terms constitute a binding agreement between you and CyberGuide. If you do not agree with any part of these Terms, you must immediately cease all use of the Site.

2. Eligibility

The Site is intended for users who are at least 18 years of age. By using the Site, you represent and warrant that you meet this eligibility requirement. If you are under 18 years of age, you may not use the Site.

3. Content Ownership and Intellectual Property

3.1. Ownership of Content

All content published on the Site, including but not limited to articles, blog posts, tutorials, graphics, logos, trademarks, service marks, software, and other materials (collectively, the “Content”), is owned by CyberGuide or licensed to us, and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unauthorized use of the Content is strictly prohibited.

3.2. Copyright Notice

All original Content is the exclusive property of CyberGuide. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Content. An appropriate copyright notice will be displayed at the bottom of each page of the Site or in the footer, such as: “© CyberGuide 2024. All rights reserved.”

3.3. Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and its Content solely for your personal, non-commercial use, in accordance with these Terms. This license does not include any resale or commercial use of the Site or its Content; any derivative use of the Site or its Content; or any use of data mining, robots, or similar data gathering and extraction tools.

3.4. Prohibited Uses

You agree not to:

  • Modify, reproduce, distribute, display, create derivative works from, or otherwise exploit the Content without our express written consent;
  • Use the Site or Content for any illegal purpose or in violation of any local, state, national, or international law;
  • Engage in any activity that interferes with or disrupts the Site or the servers and networks connected to the Site;
  • Frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CyberGuide without express written consent.

4. Content Submission

4.1. User-Generated Content

Currently, we do not allow user-generated content or comments on the Site. However, should this feature be introduced in the future, any content submitted by users would remain the property of the user, but by submitting content, users would grant CyberGuide a worldwide, non-exclusive, royalty-free license to use, copy, modify, publish, translate, create derivative works from, and display such content in any media or medium, or any form, format, or forum now known or hereafter developed.

5. Copyright Infringement & DMCA Compliance

5.1. Respect for Third-Party Copyrights

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content on the Site infringes upon your copyright, please provide a written notification containing the following information to our designated Copyright Agent:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

5.2. DMCA Takedown Process

Upon receiving a valid DMCA takedown notice, we will act expeditiously to remove or disable access to the allegedly infringing material. We may also notify the affected user, if applicable, of the notice and provide them with an opportunity to respond. Repeat infringers may be banned from the Site at our discretion.

6. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you. By using the Site, you consent to our collection and use of your information as outlined in the Privacy Policy.

7. Disclaimer of Warranties

7.1. General Disclaimer

The Site and its Content are provided on an "as-is" and "as-available" basis, without any warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, CyberGuide disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

7.2. Accuracy of Information

While we strive to ensure that the Content on the Site is accurate, complete, and up-to-date, we make no representations or warranties regarding the accuracy, completeness, or reliability of any information provided. The information contained on the Site may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

7.3. No Professional Advice

The Content provided on the Site is for general informational purposes only and does not constitute professional advice (legal, financial, medical, or otherwise). You should seek appropriate professional advice tailored to your specific needs before acting on any information provided on the Site.

8. Limitation of Liability

8.1. General Limitation

To the fullest extent permitted by applicable law, CyberGuide and its affiliates, officers, directors, employees, agents, licensors, and suppliers will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your access to, use of, or inability to use the Site, the Content, or any linked websites, including, but not limited to, damages for loss of profits, goodwill, data, or other intangible losses, even if we have been advised of the possibility of such damages.

8.2. Specific Limitations

Without limiting the generality of the foregoing, you specifically acknowledge and agree that CyberGuide and its affiliates, officers, directors, employees, agents, licensors, and suppliers are not liable for:

  • Any loss or damage resulting from your reliance on the Content provided on the Site;
  • Any loss or damage resulting from any interruptions, errors, or omissions in the operation of the Site;
  • Any loss or damage resulting from the conduct or content of any third party, including, but not limited to, defamatory, offensive, or illegal conduct or content;
  • Any loss or damage resulting from unauthorized access to or use of our servers and/or any personal information stored therein.

9. Indemnification

You agree to indemnify, defend, and hold harmless CyberGuide, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

  • Your access to or use of the Site or Content;
  • Your violation of these Terms;
  • Your violation of any third-party rights, including without limitation, any intellectual property, privacy, or proprietary rights;
  • Your violation of any applicable laws, rules, or regulations.

10. Third-Party Links

The Site may contain links to third-party websites that are not owned or controlled by CyberGuide. These links are provided for your convenience only, and we do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites. By using the Site, you expressly relieve CyberGuide from any and all liability arising from your use of any third-party websites.

11. Governing Law and Jurisdiction

11.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

11.2. Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in California. You consent to the jurisdiction of such courts and waive any objection to the inconvenience of the forum.

12. Termination

12.1. Termination by Us

We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Site, with or without notice, for any reason, including without limitation, breach of these Terms. Upon termination, your right to use the Site will immediately cease.

12.2. Termination by You

You may terminate these Terms at any time by discontinuing your use of the Site and destroying all materials obtained from the Site.

13. Changes to These Terms

We reserve the right to modify or update these Terms at any time, in our sole discretion. Any changes will be effective immediately upon posting to the Site. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for any updates or changes.

14. Miscellaneous

14.1. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Terms, and the remaining provisions shall remain in full force and effect.

14.2. Waiver

The failure of CyberGuide to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.3. Entire Agreement

These Terms constitute the entire agreement between you and CyberGuide regarding your use of the Site and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.

14.4. Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

15. Contact Information

If you have any questions about these Terms or the Site, please contact us at kjganih@cyberguidesolutions.com.