Welcome to rivalsecurity.io(together with its subdomains, Materials, Marks, and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Rival Security Inc. (“Rival”, “we”, “our” or “us”). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy(the “Terms”). If you are using the Site on behalf of a company, organization, or other legal entity (collectively, “Company”), you represent and warrant that you have the authority to bind the Company to these Terms. In such a case, the terms “you” and “your” will refer to both you as an individual and the Company. If you do not have such authority, or if you do not agree with these Terms, you must not use the Site on behalf of the Company. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms, please do not access or use the Site.
1. Background
The Site is intended to provide information about Rival's AI-driven vulnerability triage tools and cybersecurity solutions, including information about research Rival performs. The Site serves as a marketing and informational resource for Rival's products and services.
2. Modification
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
3. Ability to Accept Terms
The Site is only intended for individuals aged thirteen (13) years or older. If you are under 13 years of age, please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Site to ensure that you and your parent or guardian understand these Terms and agree to them.
4. Site Access
For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
5. Restrictions
You shall not:
- copy, distribute, or modify any part of the Site without our prior written authorization (including, without limitation, developing, supporting or using software, devices, scripts, robots or any other means or processes, such as crawlers, browser plugins and add-ons or any other technology, to scrape or copy the Site, including content or other data thereon);
- use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Materials, except as expressly authorized herein, including, without limitation, using the Site or any Materials for the purposes of training, developing, or improving artificial intelligence or machine learning models, whether directly or indirectly;
- disrupt servers or networks connected to the Site;
- use or launch any automated system (including, without limitation, “robots” and “spiders”) to access the Site; and/or
- circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Materials or that enforce limitations on use of the Site.
6. Account
In order to use some of the services of the Site, you may have to create an account (“Account”). You agree not to create an Account for anyone else or use the Account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Rival immediately of any breach of security or unauthorized use of your Account. As between you and Rival, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account, you may send an email request to privacy@rivalsecurity.io.
7. Payments to Rival
Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but Rival may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.
8. Intellectual Property Rights
Materials and Marks.The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), and (ii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Rival and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Rival”, the Rival logo, and other marks are Marks of Rival or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Materials.
Use of Materials. Materials on the Site are provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, decompiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Materials, you must retain all copyright and other proprietary notices contained therein.
9. Information Description
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Materials available on the Site are accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Materials, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Materials. Your use of the Materials, or any part thereof, is solely at your own risk and responsibility.
10. Links
The Site may contain links to third-party websites that are not owned or controlled by Rival. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites. You (i) are solely responsible and liable for your use of and linking to third-party websites and any content that you may send or post to a third-party website; and (ii) expressly release Rival from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.
Rival permits you to link to the Site provided that:
- you link to but do not replicate any page on this Site;
- the hyperlink text shall accurately describe the Materials as they appear on the Site;
- you shall not misrepresent your relationship with Rival or present any false information about Rival and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent;
- you shall not link from a website (“Third-Party Website”) which prohibits linking to third parties;
- such Third-Party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or
- you and your website comply with these Terms and applicable law.
11. Privacy
We will use any personal information that we may collect or obtain in connection with the Site in accordance with our Privacy Policy. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
12. Copyright Policy
It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify us at legal@rivalsecurity.io.
13. Warranty Disclaimers
This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so, to that extent, certain exclusions set forth herein may not apply.
THE SITE (WHICH, FOR CLARITY, INCLUDES, WITHOUT LIMITATION, MATERIALS AND MARKS) IS PROVIDED AND MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, QUALITY OF SERVICE, NON-INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY US AND OUR LICENSORS AND SUPPLIERS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS.
IN ADDITION, NEITHER RIVAL NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SITE; (B) THAT YOUR USE OF, OR RELIANCE ON, THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, RIVAL DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
14. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RIVAL OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS, FOR: ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS; ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF RIVAL UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS SHALL NOT EXCEED THE LOWER OF: (A) ONE HUNDRED U.S. DOLLARS (US $100), AND (B) THE AMOUNTS ACTUALLY PAID BY YOU (IF ANY) TO RIVAL DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) EVEN IF RIVAL HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (B) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT OR TORT LIABILITY.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply. Furthermore, nothing in these Terms shall be deemed to exclude or limit liability for death or personal injury resulting from negligence, or for fraud or fraudulent misrepresentation.
15. Indemnity
You agree to defend, indemnify and hold harmless Rival and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; or (ii) your violation of these Terms.
16. Term and Termination
These Terms commence when you first access the Site and shall continue in full force and effect until terminated in accordance herewith.
We reserve the right to immediately terminate these Terms, or otherwise modify, suspend or discontinue your access to and use of the Site (or any part thereof), for any reason whatsoever, at any time, and without notice or obligation to you, and you agree that Rival shall have no liability to you or any third party for any such termination, modification, suspension, or discontinuance. Without limiting the foregoing, Rival reserves the right to suspend your access to the Site and its services temporarily until any breach is cured, or indefinitely if deemed appropriate by Rival. Suspension may occur without prior notice and is at the sole discretion of Rival.
You may terminate these Terms at any time and for any reason. If you object to any term or condition of these Terms or any subsequent changes thereto, or become dissatisfied with the Site in any way, your sole remedy is to terminate these Terms and to immediately discontinue use of the Site.
17. Consequences of Termination and Survival
Upon termination of these Terms, your right to access and use the Site will automatically terminate and be deemed revoked. Sections 8 (Intellectual Property Rights) through 25 (General) inclusive shall survive any termination of these Terms. Termination shall not affect any rights and obligations accrued as of the effective date of termination.
18. Independent Contractors
You and Rival are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Rival. You must not under any circumstances make or undertake any warranties, representations, commitments or obligations on behalf of Rival.
19. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Rival without restriction or notification to you.
20. Governing Law
These Terms (including without limitation their validity and formation) shall be governed by, and construed in accordance with, the laws of the State of Delaware, USA without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to these Terms and are hereby disclaimed.
21. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then: (a) the remaining provisions of these Terms shall remain in full force and effect; and (b) such affected provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality, or unenforceability), and shall be substituted (in respect of such jurisdiction) with a valid, legal, and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.
22. Remedies
Except as may be expressly stated otherwise in these Terms, no right or remedy conferred upon or reserved by any party under these Terms is intended to be, or shall be deemed, exclusive of any other right or remedy under these Terms, at law or in equity, but shall be cumulative of such other rights and remedies.
23. Waiver
No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by Rival, the writing must be duly signed by an authorized representative of Rival), and shall be valid only in the specific instance in which given.
24. Entire Agreement
These Terms constitute the entire agreement between Rival and you with respect to the subject matter hereof, and supersede and replace all prior and contemporaneous oral and/or written agreements, understandings, representations, and communications between you and Rival with respect to such subject matter. You acknowledge and agree that, in entering into these Terms, you have not relied on any statement or representation (whether made negligently or innocently) that is not expressly set out in these Terms. For example, statements and explanations in any FAQs section or other marketing materials on the Site are provided for convenience only, are non-binding, and do not form part of these Terms.
25. General
Rival reserves the right to discontinue or modify any aspect of the Site at any time. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Rival may seek injunctive relief in any court of competent jurisdiction. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.