OpSec Terms of Service

1. Introduction

The OpSec Security website is made available by OpSec Group, including OpSec Security Inc., OpSec Security Online LLC and their corporate affiliates (collectively, “OpSec,” “we” or “us“). These terms of use (the “Terms“) are a legal contract between you and OpSec. The terms explain the permissible use of the services (“Services“) provided through the main Opsecsecurity.com website and any other OpSec website or electronic Site operated by us (collectively, the “Site“).

By using the site, you are agreeing to all of these terms; if you do not agree with any of these terms, you may not access or otherwise use the Site or any service or information made available through the Site.

2. Site Intended for General Use.

By using the Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 16 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to agree to these Terms. Our Site are not targeted toward, nor intended for use by, anyone under the age of 16. If you are not at least 16 years old, you may not use our Site at any time or in any manner, nor may you submit any information to OpSec.

OpSec provides content through the Site that is copyrighted and/or trademarked work of OpSec, OpSec’s third-party licensors and suppliers, or other users of the Site (collectively, the “Materials“). Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, OpSec hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Site solely for your personal use. Except for the foregoing license, you have no other rights in any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

3. Use of Site and Services.

You need not register with OpSec to simply visit and view the Site and use many of the Services available on the Site. However, OpSec reserves the right to require you to register for an account with OpSec in order to access certain password-restricted areas of the Site and to use certain services and Materials offered on and through the Site.

4. Electronic Communications.

By using the Site, you consent to receiving electronic communications from OpSec. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning, related to, or provided on or through the Site. These electronic communications are part of your relationship with OpSec. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

5. Privacy Policy.

Please review OpSec’s Privacy Policy, available here (the “Privacy Policy“), which explains how we use information that you give us or we obtain about you.

6. Links to Third-Party Sites.

Our Site may be linked to other websites or applications that are not OpSec sites or applications, including, without limitation, social networking, blogging and similar websites (collectively, “Third-Party Sites“). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites and/or allow you to configure your privacy settings in your Third-Party Site account to permit your activities on our Site to be shared with your contacts in your Third-Party Site account. In certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on our Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions of use than are found on our Site, and you further acknowledge and agree that, in such cases, your use of such Third-Party Sites is governed by such third party privacy policies and terms and conditions of use. OpSec provides links to Third-Party Sites to you as a convenience, and we do not verify, make any representations about, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT OPSEC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES, FOR YOUR DEALINGS OR COMMUNICATIONS WITH ANY THIRD PARTIES, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, PRODUCTS, SERVICES OR BUSINESS PRACTICES OF ANY THIRD PARTY. Unless specifically stated on our Site, we do not endorse any such Third-Party Sites, the products, services, or materials found there, or any results that may be obtained from using them.

7. Posting or Uploading Information.

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post, create or otherwise generate or make available on or through any of our Site (each a “Submission“). You may not upload, post or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in the OpSec Privacy Policy, you agree that any Submission provided by you is provided on a non-proprietary and non-confidential basis. You hereby grant to OpSec, its affiliates, successors and assigns and any customer, vendor, service provider, licensor or licensee of OpSec or other person, in each case as authorized or permitted by OpSec (collectively “Business Partners,” and together with OpSec, its affiliates and any of their licensees, the “Licensees“) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, including without limitation, any purpose relating to the Site or the marketing, advertising and promotion of OpSec’s goods and services. Said uses may include, but are not limited to, posting a Submission on any website or social media site, transmitting the Submissions to consumers via email and reproducing, displaying the Submissions on computers and mobile devices or reproducing your Submissions in print. To the maximum extent permitted by law, you waive and agree not to assert any and all copyright rights, moral rights or rights of attribution and integrity in your Submissions, if any, against any Licensee. Any Licensee may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. OpSec agrees to use any personally identifiable information contained in any of your Submissions in accordance with OpSec’s Privacy Policy.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions you provide.

When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” section immediately below. Those prohibitions do not require OpSec to monitor, police or remove any Submissions or other information submitted by you or any other user.

8. Unauthorized Activities.

When using the Site, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Discuss or incite illegal activity.
• Use explicit, obscene, or offensive language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on the Site.
• Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

This list of prohibitions provides examples and is not complete or exclusive. OpSec reserves the right to (a) terminate access to your account and/or your ability to post to the Site (and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that OpSec determines is inappropriate or disruptive to the Site or to any other user of the Site. OpSec may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at OpSec’s discretion, OpSec will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or otherwise.

Unauthorized use of any Materials contained on the Site may violate certain laws and regulations.

You agree to indemnify and hold OpSec and any other Licensee and their respective officers, directors, employees and agents harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) OpSec or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand relating to or arising out of your use of the Site (including any service available through the Site), your Submissions or your violation or misappropriation of any applicable law, regulation, or the copyrights, trademark rights or other rights of any third party.

9. Proprietary Rights.

The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks“) are and remain the registered and/or common law marks of OpSec, our affiliates, our licensors or our partners in the United States and other countries, and are protected by United States and international trademark laws.

Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of OpSec, our affiliates, our licensors or our partners. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any Trademark or copyrighted material is strictly prohibited without the express written consent of the owner.

10. Intellectual Property Infringement.

Submitting an Infringement Notice.

OpSec respects the intellectual property rights of others, and we ask you to do the same. OpSec may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Site, please provide OpSec’s designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the Site, and information reasonably sufficient to permit OpSec to locate the material.
• Information reasonably sufficient to permit OpSec to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

OpSec’s agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:

OpSec Group
1857 Colonial Village Lane

Lancaster, Pennsylvania, 17601
Attn: Legal
legal@opsecsecurity.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a Digital Millennium Copyright Act (“DMCA“) Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to OpSec’s designated agent that includes all of the following information:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which OpSec may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers.

OpSec reserves the right, in its sole discretion, to terminate the account or access of any user of our Site who is the subject of repeated DMCA or other infringement notifications.

11. Disclaimer of Warranties.

Your use of the Site is at your own risk. OpSec does not warrant the accuracy or timeliness of the Materials contained on the Site. OpSec has no liability for any errors or omissions in the Materials, whether provided by OpSec, our licensors or suppliers or other users.

OPSEC, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, OR ANY MATERIALS, OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED OR PRESENTED ON THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. OPSEC DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

12. Limitation of Liability.

OPSEC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE, OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. IN NO EVENT SHALL OPSEC BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF OPSEC KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

13. Local Laws; Export Control.

OpSec controls and operates the Site from its offices in the United States of America, and the Site and Materials may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are solely responsible for following applicable local laws.

14. Feedback.

If you send or transmit any communications, comments, questions, suggestions, or related materials to OpSec, whether by letter, email, telephone, or otherwise (collectively, “Feedback“), suggesting or recommending changes to the Site or any Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and OpSec is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that OpSec is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. To the extent the foregoing assignment of rights, title and interest in and to your Feedback is prohibited by applicable law, you hereby grant OpSec and any other Licensee a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to fully use, practice and exploit those non-assignable rights, title and interest, including, but not limited to, the right to use, reproduce, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Feedback, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, and to develop, manufacture, have manufactured, license, market, and sell, directly or indirectly, products and services using such Feedback.

15. General.

OpSec prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by OpSec, may result in immediate termination, without prior notice, of your access or ability to use any or all Site. The Federal Arbitration Act, Delaware state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for disputes subject to arbitration, any disputes relating to these Terms, the Site will be heard in the courts located in the County of New Castle, State of Delaware. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. OpSec’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and OpSec and supersede all prior or contemporaneous negotiations, discussions or agreements between you and OpSec about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

16. Contact Us.

If you have any questions about these Terms, you can reach us by email at legal@opsecsecurity.com or by post at OpSec Group, 1857 Colonial Village Lane, Lancaster, Pennsylvania, 17601, Attention: Legal.

17. Changes to Our Terms.

These Terms supersede any previous Terms.

OpSec may make changes to the content and any services offered through the Site at any time. OpSec can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Site. By using the Site after OpSec has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

Last Updated: June 13, 2023