The Barracuda Cyber Insurance Readiness Assessment is designed to provide you with preliminary information that might affect your qualification and pricing. Choose this option if:
1. Introduction and Acceptance of Terms
This Terms of Service/Use Agreement (the "Agreement") is entered into by and between PulseOne Cyber Assessment ("PulseOne" or "we") and you ("User" or "you") and governs your access and use of the PulseOne Cyber Assessment website ("Website"). By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement, including any future amendments hereto. Your use of the Website constitutes your acceptance of this Agreement. If you do not agree with any provision of this Agreement, your sole remedy is to discontinue your use of the Website. This Agreement is governed by and compliant with the laws of the United States.
2. Purpose of the Website
The Website provides an online assessment tool for users (the "Assessment Tool") designed to evaluate the likelihood of qualifying for discounted cyber insurance through standard insurance carriers. The Assessment Tool assesses and scores users' information technology and security "readiness" based on the answers provided to a series of questions. The results generated are not an endorsement or complete evaluation of the user's security environment and should not be construed as formal technical or legal advice, but rather as suggestions based on best practices and general requirements of insurance carriers.
3. User Rights and Responsibilities
3.1. Access and Use of the Website
Subject to your compliance with this Agreement, PulseOne grants you a personal, non-exclusive, non-transferable, limited, and revocable right to access and use the Website for its intended purpose. You agree not to access, download, copy, distribute, or modify any portion of the Website, except as expressly permitted under this Agreement.
3.2. Account Registration and Security
In accessing and using the Website, you may be required to create an account and provide accurate, current, and complete information in the registration process. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to notify PulseOne immediately of any unauthorized use or suspected security breaches.
3.3. Compliance with Laws and Regulations
You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website, including but not limited to, data protection, privacy, anti-spam, and anti-hacking laws.
4. Content Guidelines
4.1. Prohibited Conduct
You agree not to upload, post, transmit, or otherwise make available through or in connection with the Website any content that: (a) is inaccurate, illegal, harmful, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, inflammatory, fraudulent, or objectionable; (b) violates the copyright, trademark, trade secret, privacy, publicity or other proprietary rights of any third party; (c) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (d) imposes an unreasonable or disproportionately large load on the infrastructure of the Website or otherwise interferes with the proper working of the Website.
4.2. User-Submitted Content
PulseOne does not claim ownership of any content that you submit or make available for inclusion on the Website. By submitting content, you grant PulseOne a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any form, format, or media now known or hereafter devised, on or in connection with the Website, and for any purpose, including but not limited to, analyses, advertising, and promotion of the Website and PulseOne products and services. You represent and warrant that you are the owner of the content or have the right and authority to grant the license described above.
5. Intellectual Property
All content on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PulseOne or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The compilation of all content on the Website is the exclusive property of PulseOne and is protected by U.S. and international copyright laws. You agree not to violate any copyright, trademark, or other intellectual property rights in connection with your use of the Website.
6. Dispute Resolution
6.1. Informal Resolution
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, your use of the Website, or the breach or alleged breach thereof, you agree to attempt to resolve the matter first through good faith negotiations and discussions with PulseOne. You agree to notify PulseOne of any such dispute by sending an email to PulseOne's customer service department at the email address provided on the Website.
6.2. Governing Law and Venue
You agree that any disputes, claims, or controversies arising out of or in connection with this Agreement, your use of the Website, or any breach or alleged breach thereof, shall be governed by and construed in accordance with the laws of the United States and the state of [State], without regard to its conflicts of laws principles. You further agree that any legal action or proceeding arising out of or in connection with this Agreement, your use of the Website, or any breach or alleged breach thereof, shall be brought exclusively in the state or federal courts located in [County], [State], and you hereby consent to the personal jurisdiction and venue of such courts.
7. Limitation of Liability
IN NO EVENT SHALL PULSEONE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH (A) THE USE, INABILITY TO USE, OR RELIANCE ON THE WEBSITE, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE, WHETHER BASED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF PULSEONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST PULSEONE FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, PULSEONE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, PULSEONE'S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO PULSEONE FOR ACCESSING OR USING THE WEBSITE.
8. Indemnification
You agree to indemnify, defend, and hold harmless PulseOne, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from (a) any violation of this Agreement by you, (b) your use or misuse of the Website, or (c) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
9. Miscellaneous
9.1. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
9.2. Waiver
The failure of PulseOne to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver of any right or provision by PulseOne shall be deemed a further or continuing waiver of such right or provision.
9.3. Assignment
You may not assign or transfer this Agreement, by operation of law or otherwise, without PulseOne's prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and void. PulseOne may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
9.4. Entire Agreement
This Agreement constitutes the entire agreement between you and PulseOne regarding the use of the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. The headings used in this Agreement are for convenience only and have no legal or contractual effect. Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
10. Execution
By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. You agree to be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, please cease using the Website immediately.
