Terms of Use 

By using this website, Resilience Cybersecurity and Data Privacy, you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”). Please review carefully. If you do not agree to these Terms, you should not use this website. The term “Resilience” or “Us” or “We” or “Our” refers to Resilience Cybersecurity and Data Privacy, the owner of the website. The term the “Website” refers to www.resiliencecybersecurity.com, and all sub-pages thereto. The term “Affiliated Website(s)” refers to The Cyber Advocate (www.thecyberadvocate.com), the Legal Technology Review, and/or The Law Offices of Brian C. Focht (www.fochtlawfirm.com). The term “you” refers to the user or viewer of our website. It is subject to change without notice. If you disagree with any part of these Terms, please do not use our Website.

This Site Is NOT Legal Advice!

This Website is for informational use only.  The information you obtain at this Website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your particular situation or circumstances.

Resilience invites you to contact Us or comment on any page or post as you see fit; however, merely contacting Resilience does not create an attorney-client relationship, and no request for advice or information made in a comment to any page or post on this Website, regardless of the information provided therein, will serve to create an attorney-client relationship via Resilience. As such, Resilience will not accept any confidential information, or treat any material received as confidential and subject to attorney-client privilege.

Changes to the Terms of Use

We may revise and update these Terms from time to time in Our sole discretion. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Changes will only apply prospectively. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to any such changes.

Additionally, our Disclaimer and Privacy Policy, which may be changed from time to time, are incorporated as a part of this agreement.

Intellectual Property Rights

The entire contents of the Website (including all information, text, images, audio, and video) and the design thereof, are owned by Resilience are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.

The copying, redistribution, use, or publication of any such materials or any part of the Website, except as allowed below, is prohibited. You do not acquire any ownership rights to the content, documents, or other materials viewed on or through the Website.

You are permitted to access and use the Website only for your personal, non-commercial use, or for legitimate business purposes related to a current or prospective business relationship with Us, pursuant to terms agreed thereto. You may not copy, modify, republish, distribute, display, sell, lease, loan, or transmit any of the material on the Website without Our prior written consent, except as occurs in the standard operation of any device on which you view the Website, or for sharing on social media (with attribution appropriate for the platform).

The following are prohibited and are violations of these Terms without Our prior written consent:

• Modification of the contents of this Website.
• Use of any photographs, illustrations, audio, or video sequences, or any animations or graphics separately from any accompanying text.
• Deleting or alter any copyright, trademark, or other proprietary notices appearing on such materials.
• Use, reproduction, sale, or exploitation of any part of the Website for any commercial purposes.

Violation of these Terms may result in immediate and permanent revocation of your right to use the Website. Use of the Website in any way not expressly permitted by these Terms is a violation of these Terms, and may constitute violation of copyright, trademark, or other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms.

Company Trademarks

Resilience Cyber Security and Data Privacy, name, the Resilience logo and all related names, logos, product and service names, designs, and slogans are the property of Reliance, and protected by state, federal, and international law. You must not use such marks without Our prior permission. All other names, brands, and marks, are used for identification purposes only and are the trademarks of their respective owners.

Forms, Agreements and Documents

We may make available forms, checklists, guides, sample policies and procedures, and other types of business documents (collectively, “Documents”). All Documents, regardless whether they are created by Resilience, by an affiliated entity, or by a third party, are provided on a non-exclusive license for your personal use, for non-commercial purposes, without any right to re-license, sublicense, distribute, assign, or transfer such license. Any Documents that We have made available for purchase remain subject to the non-exclusive license, and are without any representations or warranties, express or implied, as to their suitability, accuracy, and/or legal effect. THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You should consult with an attorney to determine whether any Documents obtained from this Website are appropriate for your particular purpose, as Our Documents are intended as samples and may not be applicable to a particular situation.

Information About You and Your Visits to the Website

We collect and use information in accordance with our Privacy Policy. By using the Website, you consent to such collection and use, and represent that all data provided by you is accurate.

Linking to the Website

You may link to Our Website, or any affiliated websites, provided that you do not frame the Website on any other site, and do not obscure any copyright or other legal notices. You may not link to Our Website from any website that is not owned by you, or any site that engages in illegal activity, or in any manner that suggests association, endorsement, or approval by Us unless previously agreed in writing. Upon request, you must discontinue providing links to Our Website immediately.

Links from the Website

Links from Us to other websites are done for the purpose of citation and convenience. We have no control over the contents of any website that is not an Affiliated Website, and are not responsible for any harm that may result from following a link to another website. Use of links to a third party website is done entirely at your own risk.

Advertisers

The Website may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring the materials included in their advertising is accurate and in compliance with applicable laws.

The Website also uses Affiliate Links. This means if you click on the link and purchase the item, I will receive an affiliate commission. A small one. That you don’t pay.

Regardless, I only recommend products or services I either use personally and believe will add value to my readers or I find particularly hilarious. You’ll know which one is the case. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

Registration

You may be required to register for access to certain portions of or offerings from the Website. If you choose to register, you agree that the information you provide as a part of such registration is accurate and complete, and that you are registering with your real name. By registering, you are opting to receive Reliance’s weekly newsletter, along with updates about new posts and additional available content. You warrant and represent that you are not registering on behalf of any other person or entity, and that you are not providing access to the registered content or sections to any person or persons who have not registered and/or completed any other required actions for access. Allowing such access is unauthorized, may result in revocation of your access, and possible legal penalties.

Disclaimer of Warranties

We cannot, and do not, guarantee that this Website, or any of the files available for downloading, will be free of viruses, destructive code, or other harmful components. While we strive to provide correct information at all times, it is not possible to do so all the time, every time. As such, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY CYBER ATTACKS, VIRUSES, OR OTHER HARMFUL MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY DOCUMENTS, ITEMS, OR SERVICES OBTAINED THEREFROM. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT THE CONTENTS OF THIS WEBSITE WILL BE ERROR-FREE, NOR DO WE GUARANTEE THAT DEFECTS WILL BE CORRECTED

Limitation on Liability

WE BEAR NO LIABILITY, IN ANY WAY, FOR YOUR USE OF THE WEBSITE OR ANY CONTENT OF THE WEBSITE, AND ARE NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF SUCH CONTENT, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER BASED ON A CLAIM FOR BREACH OF CONTRACT, NEGLIGENCE, PRODUCTS LIABILITY, PROFESSIONAL MALPRACTICE, OR ANY OTHER CLAIMS. OUR PROVISION OF THE CONTENTS OF THIS WEBSITE IS PREDICATED ENTIRELY UPON THIS LIMITATION OF LIABILITY, AND WOULD NOT BE PROVIDED IN ITS ABSENCE.

You further agree to indemnify, defend, and hold harmless Resilience, its officers, representatives, agents, and vendors against any claims, liability, damages, judgments, awards, costs, and fees (including attorney’s fees that may be awarded under any applicable law or agreement) resulting from your violation of these Terms.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina. You agree that the Superior Court of Mecklenburg County, North Carolina, shall be the exclusive jurisdiction for any action or proceeding related to these Terms or the Website, and waive all objections to jurisdiction and venue related to such jurisdiction.

Waiver and Severability

Any waiver of application of these Terms, including the failure to assert any right, shall not constitute a waiver of Our right to enforce any of these Terms. In the event any part of these Terms is held by a court with jurisdiction over the enforcement of these Terms to be invalid, unenforceable, or illegal, for any reason, such determination shall only affect the operation of that term or provision, and shall have no impact on the remaining terms and provisions, which shall remain in force.