Last revised August 2, 2019
Thank you for using our products and services. The CyberSN products and services are provided by Cyber Security Network, LLC, with mailing address of PO Box 222 North Brookfield, MA 01535. This is an agreement (“Agreement”) between Cyber Security Network, LLC (“CyberSN”), the owner and operator of online websites and platforms, including www.CyberSN.com, knowmore.cybersn.com, and any services offered via the site (collectively the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site.
Throughout this Agreement, the words “CyberSN,” “us,” “we,” and “our,” refer to our company, Cyber Security Network, LLC (CyberSN), as is appropriate in the context of the use of the words.
By accessing this Site you agree to be bound by this Agreement. Your compliance with this Agreement is a condition to your use of the Site. If you do not agree to be bound by this Agreement, promptly exit the Site. We may amend this Agreement at any time and may notify you if we do so.
Binding Arbitration. This Agreement provides that all disputes between you and CyberSN that in any way relate to this Agreement or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under this Agreement (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Arbitration for the details regarding your agreement to arbitrate any disputes with CyberSN.
1 LOGIN AND REGISTRATION
Portions of the Site may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. In order to complete your sign-up, we may require you to agree to Additional Agreements, defined below. Upon sign-up CyberSN may assign you a username and password where required. You agree to access the Site using only your username and password as provided to you by CyberSN. You are entirely responsible for maintaining the confidentiality of your password, account, multi-factor authentication, and for any and all activities that occur under your account. You agree to notify CyberSN immediately of any unauthorized use of your account or any other breach of security. CyberSN will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CyberSN or another party due to someone else using your account or password. You may not use anyone else’s account at any time. All users must be over the age of 18 and have the legal capacity to enter into a binding agreement. We reserve the right to restrict or refuse sign-up for any users of the Site for any reason whatsoever.
2 ADDITIONAL AGREEMENTS
In order to access some portions of the Site or some services offered via the Site, you may be required to agree and execute a CyberSN SAAS services agreement or other relevant agreements (collectively “Additional Agreements”) as required by CyberSN. The Additional Agreements should be read in conjunction with this Agreement and may obligate you to additional responsibilities when using the Site. If you wish to learn more about any CyberSN services, please contact us at contact-us@CyberSN.com.
By accepting this Agreement, we grant you a personal, non-exclusive, revocable, limited license to access our Site as provided by us. This license is subject to your compliance with this Agreement and any other Additional Agreements. Please be aware that this license does not grant you any ownership interest in any portions of the Site or to any copyrighted content found on the Site. Such copyrights and intellectual property rights are owned solely by CyberSN or its third party licensors. Subject to anything to the contrary in this Agreement or any other Additional Agreements, we may revoke your license to access the Site at any time and without notice.
4 CONDUCT WHILE USING THE SITE
When accessing or using our Site, you are solely responsible for your use and for any use of the CyberSN Site made using your account. You agree to abide by the following rules of conduct:
You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site, extract, copy, or export data collected through the Site, deep-link to any feature or content on the Site, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You will not attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
You agree not to use the Site to stalk, harass, bully or harm another individual;
You agree that you will not hold CyberSN responsible for your use of the Site;
You agree not to violate any requirements, procedures, policies or regulations of networks connected to CyberSN;
You agree to not violate any application laws or regulations while using the Site.
You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
You will not access the Site on behalf of or for the benefit of any party other than yourself, your employer, or your company.
Violations of system or network security may result in civil or criminal liability. CyberSN will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
You are responsible for maintaining the confidentiality of your account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently. you shall be responsible for all uses of Site registrations and passwords and all activity occurring under your username, whether or not authorized by you. You agree to immediately notify CyberSN of any unauthorized use of your account, Profile, or information.
Your access to the Site or privileges to use our Site or certain features may at our discretion be terminated or suspended at any time with or without cause.
You agree to defend, indemnify and hold CyberSN harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by CyberSN arising out of your breach of this Agreement or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.
Content or information you submit or transmit through or post or upload to the Site, including but not limited to text, audio messages, videos, photos, images, comments, files, or any other information will be referred to as “User Content” throughout this Agreement. You are solely responsible for any User Content submitted to the Site. You agree not to provide any User Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful components. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication.
You represent and warrant to CyberSN that you have the legal right and authorization to provide all User Content to CyberSN for the purposes and CyberSN’s use as set forth herein. When you submit any User Content to us, you grant CyberSN, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, copy, delete in its entirety, adapt, publish, translate, sell, prepare derivative works, incorporate into any form, medium or technology throughout the world, and otherwise use and reuse all or part of your User Content in whatever manner CyberSN desires. CyberSN is and shall be under no obligation (1) to maintain any User Content in confidence, (2) to pay to you any compensation for any User Content, or (3) to respond to any User Content. Additionally, you agree that CyberSN may use User Content in an aggregated form for purposes of benchmarking system performance, preparing statistics and system metrics, marketing and other purposes.
CyberSN does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Site. You grant CyberSN the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You are and shall remain solely responsible for the content of any User Content you make. CyberSN and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.
You agree to defend, indemnify and hold CyberSN harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by CyberSN arising out of any User Content you post or allow to be posted to the Site.
6 IDEA SUBMISSION
While you may communicate with CyberSN through the Site, the purpose of the Site and such communication methods is not for CyberSN to receive your unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names or other content, artwork, suggestions, or other works (“Submissions”). If you elect to send us Submissions, you do so voluntarily and you agree to the following: (1) in consideration of your use of the Site you hereby assign, transfer, and convey all right, title, and interest, including all intellectual property rights, to your Submissions and their contents to CyberSN and all Submissions will automatically become the property of CyberSN; (2) CyberSN may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for CyberSN to review the Submission; (4) there is no obligation to keep any Submissions confidential; and (5) CyberSN may use Submissions for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of your submissions, you grant CyberSN an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Submissions in any manner connection with CyberSN’s business, including the enhancement of CyberSN’s products and services.
7 THIRD PARTY LINKS
The Site may contain links to third party websites that are not owned or controlled by CyberSN. CyberSN makes no representations whatsoever about any other website that you may access through this Site. When you access a non-CyberSN website, please understand that it is independent from CyberSN, and CyberSN has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. A link to a non-CyberSN website does not mean that CyberSN endorses or accepts any responsibility for the content, or the use, of the linked website. In addition, CyberSN will not and cannot censor or edit the content of any third-party site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk and by using the Site, you expressly relieve CyberSN from any and all liability arising from your use of any third-party website.
8 INTELLECTUAL PROPERTY
All pages within this Site and any material made available for download are the property of CyberSN, or its licensors or suppliers, as applicable. The name “CyberSN,” the design of the CyberSN Site along with CyberSN created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to CyberSN. The Marks and the Site are protected by copyright, trademark, and other intellectual property rights under US laws and international conventions. CyberSN reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, distribution, modification, reproduction, or publication of anything contained within the Site or Site (including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site) in whole or in part unless we have given you express written permission. You may not frame or utilize framing techniques to enclose, or deep link to, any Mark, Site content, or other proprietary information (including images, text, page layout, or form) of CyberSN without our express written consent.
9 PAYMENTS AND SUBSCRIPTIONS
You can purchase products and/or services on the Site. You agree that we may charge your selected method of payment at the time of checkout for any services offered on the Site. Your credit card information will be shared with our third party payment processor. By purchasing anything from our Site you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us, and you must agree with our payment processor’s policies before paying for any portions of the Site. If you enroll to make recurring payments automatically you agree and authorize us to charge your preferred payment method for all charges and fees on a monthly or yearly recurring basis without additional consent to the credit card you designate during the setup process. Any and all payments made to CyberSN for the Services are final and non-refundable. We reserve the right to suspend your access to the Site and/or any Site related products or services for non-payment and services may be suspended until the outstanding amounts are paid, or a resolution agreeable to both parties are reached. If your services are suspended for non-payment, we may charge a reactivation fee to reinstate your access to the services.
You represent and warrant that if you are making online payments that (1) any credit card, debit card, and bank account information you supply is true, correct and complete, (2) charges incurred by you will be honored by your credit/debit card company or bank, (3) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (4) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
This Agreement remains in effect while you use this Site and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of the Site, for any or no reason, with or without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of this Agreement shall survive termination or expiration of this Agreement except those provisions granting you access to or use of this Site. For the avoidance of doubt, you agree that this Agreement applies to your use of this Site and any content posted on this Site at any time prior to the termination, or expiration of this Agreement, as modified from time to time in accordance with the terms herein.
11 PRICE CHANGES
CyberSN may, from time to time, update services, alter all or vary any of the prices in respect of any services and subscriptions by giving written notice of any changes in pricing to the email address we have on file for you or by posting the change in pricing to the Site at least thirty (30) days prior to the effective date of the change.
Pricing during August 2, 2019 and September 2, 2019 are subject to change by giving notice to the email address we have on file for you at least ten (10) days prior to the effective date of change.
Subscriptions will be monitored for usage trends. We reserve the right to suspend or terminate usage if employer to professional or professional to employer communication (also known as engagement activity) has been unusually high or we suspect a violation of this Agreement. Generally, we will endeavor to provide an explanation for any suspension or termination of your use of any of our Site, but CyberSN reserves the right to suspend or terminate any account at any time without notice or explanation.
12 SITE AVAILABILITY
Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property reasons, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.
13 LIMITATION OF LIABILITY; REPRESENTATIONS AND WARRANTIES
We work to protect your information our Site safe, secure, and properly functioning, but we cannot guarantee the continuous operation of access to our Site. You agree that you are making use of our Site at your own risk, and that the services are being provided to you on an “as is” “with all faults” and “as available” basis.
CYBERSN DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, FREEDOM FROM VIRUSES, AND TITLE/NON-INFRINGEMENT. CYBERSN DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. CYBERSN DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY CYBERSN MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES, INCLUDING IN THE ADDITIONAL AGREEMENT WHERE APPLICABLE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES AND EMPLOYEES) AND OUR THIRD PARTY LICENSORS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, DATA, GOODWILL OR REPUTATION, PROFITS, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM THE SITE, YOUR USE OF THE SITE OR ANY OF ITS RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYBERSN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. WHERE ALLOWED OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED ONE-HUNDRED DOLLARS (USD) ($100) OR THE TOTAL AMOUNT YOU HAVE PAID TO US WITHIN THE PAST SIX MONTHS, WHICHEVER IS GREATER. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY CYBERSN’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents, successors and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of this Site or the Site-related services, including due to or arising from your breach of any provision of this Agreement or violation of applicable law.
We disclaim any responsibility or liability for copyrighted materials posted on our Site. We take copyright infringement very seriously, and we shall comply with the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message to our Copyright Agent which contains:
Your contact information. Please include your address, telephone number, and email address.
Identification of the copyrighted work that you claim has been infringed. Please include reasonably sufficient details describing the copyrighted work that is claimed to be infringing
A description of where the material that you claim is infringing is located on CyberSN. General information about the content is not adequate. Please include reasonably sufficient detail to enable us to identify and locate the work that is claimed to be infringing (for example: the URL(s) of the exact work(s)).
You must agree to and include the following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
You must provide following statement: "The information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of its owner, of an exclusive right that is allegedly infringed."
Your full legal name and your signature. An electronic or physical signature and full legal name of the person authorized to act on behalf of the owner of the copyright interest.
We will review all claims of copyright infringement received and remove the content deemed to have been posted or distributed in violation of any such laws. If you feel that content has been taken down inappropriately please contact our Copyright Agent who will provide information on the requirements and procedure for filing a counter-notification with us.
Contact information for our Copyright Agent for notice of claims of copyright infringement is: email@example.com.
16 GOVERNING LAW
This Agreement shall be governed by the laws in force in the Commonwealth of Massachusetts. The offer and acceptance of this contract is deemed to have occurred in the Commonwealth of Massachusetts.
We will try work in good faith to resolve any issue you have with Site, including products and services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You agree that any dispute, claim, or controversy arising out of or relating in any way to this Agreement or your use of the Site, including products and services ordered or purchased through the Site, shall be submitted to confidential arbitration in Boston, Massachusetts instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and CyberSN are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Agreement and any other contractual relationship between you and CyberSN.
If you desire to assert a claim against CyberSN, and you therefore elect to seek arbitration, you must first send to CyberSN, by certified mail, a written notice of your claim. The notice to CyberSN should be addressed to the address set forth in this Agreement to the attention of the Legal Department. If CyberSN desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written notice to the most recent address we have on file or otherwise in our records for you. A notice, whether sent by you or by CyberSN, must describe the nature and basis of the claim or dispute and set forth the specific relief sought (“Demand”). If CyberSN and you do not reach an agreement to resolve the claim within thirty (30) days after the notice is received, you or CyberSN may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CyberSN or you shall not be disclosed to the arbitrator. You may download or copy a form notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after CyberSN receives notice at its address set forth herein that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“Rules”) then prevailing at the American Arbitration Association, as modified by these Agreement, and will be administered by the American Arbitration Association. The Rules and American Arbitration Association forms are available online at www.adr.org, by calling the American Arbitration Association at 1-800-778-7879, or by requesting them from us by writing to us at the address set forth herein. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Agreement, including this arbitration agreement. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of CyberSN’s last written settlement offer made before an arbitrator was selected (or if CyberSN did not make a settlement offer before an arbitrator was selected), then CyberSN will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein each party shall be responsible for their own arbitration fees and costs. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND CYBERSN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the aforementioned dispute to be resolved through arbitration, you agree (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Agreement shall remain in full force and effect; and (b) that the exclusive jurisdiction and venue for any actions shall be solely in a court of competent jurisdiction located in Boston, Massachusetts.
18 FORCE MAJEURE
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages, including lawful and unlawful strikes, embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with CyberSN are deemed to conflict with each other’s operation, you agree that CyberSN shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
This Agreement constitutes the entire agreement between CyberSN and you pertaining to the subject matter hereof. In our sole discretion, we may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You should, therefore, periodically visit this page to review the current Agreement, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to this Agreement shall constitute your agreement to the revised Agreement. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages within this Site or the Additional Agreements.