These terms and conditions are incorporated into, and a part of, the BLACKHAT CONSULTANTS.com Limited Liability Agreement (AGREEMENT) entered into by you (CUSTOMER), an authorized representative of your organization, for CUSTOMER and CUSTOMER’s organization (SITE) and by BlackHat Consultants, LLC, iSecurityPolicy.com, HackerView.com, subsidiaries and affiliates (BLACKHAT CONSULTANTS) that provide information security consultation services. BLACKHAT CONSULTANTS and CUSTOMER are the Parties (PARTIES) to the AGREEMENT, and are subject to these terms and conditions. 

Please read this AGREEMENT carefully. CUSTOMER'S use of any SERVICE or PRODUCT will constitute CUSTOMER’s agreement to comply with these rules. If CUSTOMER does not agree with the rules contained in this AGREEMENT, CUSTOMER is prohibited from using SERVICES or PRODUCTS.

DEFINITIONS:

A. Services Defined. For purposes of this Agreement, the term “Services” (SERVICES) shall mean all consultation services that are currently available from BLACKHAT CONSULTANTS and that we may provide to consumers in the future.

B. Products Defined. For purposes of this Agreement, the term “Products” (PRODUCTS) shall mean all deliverables (e.g. Information Security Policy Manual, PCI DSS Policy Manual, or HackerView) available from BLACKHAT CONSULTANTS and that we may provide to consumers in the future.

1. Acceptance of this AGREEMENT.
By purchasing or otherwise utilizing SERVICES or PRODUCTS, CUSTOMER acknowledges that CUSTOMER has read and understands this AGREEMENT and CUSTOMER accepts the AGREEMENT, together with all of the policies attached hereto, and agrees to abide by its terms and conditions as they may be amended by BLACKHAT CONSULTANTS from time to time, in its sole discretion. If CUSTOMER does not accept the AGREEMENT, CUSTOMER is not permitted to not utilize SERVICES or PRODUCTS. Please take the time to read the AGREEMENT carefully.

CUSTOMER acknowledges that the purchase of an Information Security Policy Manual (ISPM) and/or a PCI DSS Policy Manual (PDPM) is a single-entity license. Neither the ISPM, nor the PDPM, may be modified for another business entity without the explicit permission of BlackHat Consultants, LLC and the copyright holder.

CUSTOMER shall not upload, post, or otherwise make available any PRODUCT or SERVICE, or any part of said PRODUCT or SERVICE, without the express permission of BlackHat Consultants, LLC. The burden of determining that any material is not protected by copyright rests with CUSTOMER. CUSTOMER shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. If CUSTOMER violates these restrictions on copyright restrictions, the copyright holder will seek legal recourse to recoup actual and possible, future financial losses from copyright infringement.

 
2. SERVICES and PRODUCTS.
Subject to and in accordance with the terms and conditions of this AGREEMENT, BLACKHAT CONSULTANTS will provide to CUSTOMER the requested SERVICES and PRODUCTS, to be performed by BLACKHAT CONSULTANTS. This AGREEMENT shall hold true for work provided on the day of the AGREEMENT and any work performed by BLACKHAT CONSULTANTS for CUSTOMER thereafter.
 
3. CUSTOMER Obligations.
Payment. CUSTOMER agrees to pay and is required to pay for all contracted SERVICES and PRODUCTS. CUSTOMER agrees to pay all federal, state and local fees, taxes and/or surcharges associated with SERVICES and PRODUCTS.
 
4. Privacy Policy
4.1. Commitment to Confidentiality
BLACKHAT CONSULTANTS strives to honor the confidentiality of its customers. BLACKHAT CONSULTANTS wants CUSTOMER to have confidence in CUSTOMER’s use of SERVICES and PRODUCTS. PRIVACY POLICY is designed to explain BLACKHAT CONSULTANTS’s commitment to CUSTOMER’s privacy and BLACKHAT CONSULTANTS’s monitoring activities. Independent contractors and agents of BLACKHAT CONSULTANTS that are acting on behalf of BLACKHAT CONSULTANTS in providing SERVICES and PRODUCTS are also bound by this PRIVACY POLICY.
 
4.2. Confidentiality of Business Records - Disclosure – Nature, Frequency and Purpose.
BLACKHAT CONSULTANTS considers CUSTOMER information BLACKHAT CONSULTANTS keeps to be confidential. BLACKHAT CONSULTANTS may collect personally identifiable information from CUSTOMER and disclose it to a third party, if disclosure is necessary to render data services and other services BLACKHAT CONSULTANTS provides to CUSTOMER and to conduct related business activities. The frequency of disclosure varies according to business needs. BLACKHAT CONSULTANTS will take reasonable precautions to prevent unauthorized access to the information. As explained in the PRIVACY POLICY, BLACKHAT CONSULTANTS may be required by law to disclose CUSTOMER’s personally identifiable information to government entities, without advance notice to CUSTOMER.
 
5. Disclaimers and Limitation of Liability.
5.1. Disclaimer.
CUSTOMER ACKNOWLEDGES THAT YOU CUSTOMER USES THE SERVICE AND PRODUCT AT CUSTOMER’S OWN RISK. THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS," AND BLACKHAT CONSULTANTS AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS.

BLACKHAT CONSULTANTS AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE OR PRODUCT.

BLACKHAT CONSULTANTS AND ITS AFFILIATES SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF CUSTOMER’S ACCESS TO OR INABILITY TO ACCESS ANY PRODUCT OR SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE OR PRODUCT, CUSTOMER’S USE OF OR RELIANCE ON THE SERVICE OR PRODUCT, OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE OR PRODUCT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

CUSTOMER UNDERSTANDS AND AGREES THAT CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING CUSTOMER'S DUE CARE AND DUE DILIGENCE WITH ALL REGULATORY AND NON-REGULATORY COMPLIANCE REQUIREMENTS. CUSTOMER UNDERSTANDS AND AGREES THAT BLACKHAT CONSULTANTS IS NOT RESPONSIBLE FOR CUSTOMER'S CORRECT IMPLEMENTATION OF POLICIES, PROCEDURES, STANDARDS, OR GUIDELINES, NOR IS BLACKHAT CONSULTANTS RESPONSIBLE NOTIFYING CUSTOMER FOR ANY AND ALL REGULATORY OR NON-REGULATORY REQUIREMENT CHANGES THAT AFFECT SUCH POLICIES, PROCEDURES, STANDARDS, AND GUIDELINES. CUSTOMER IS RESPONSIBLE FOR PURCHASING UPDATED PRODUCTS AND/OR SERVICES, AS NECESSARY TO ENSURE CUSTOMER'S COMPLIANCE REQUIREMENTS.

5.2. Liability for SERVICES and PRODUCTS.

CUSTOMER understands and agrees that in no event shall BLACKHAT CONSULTANTS be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages (including lost profits or savings) arising from or related to this AGREEMENT or the installation, use, maintenance, failure, removal or operation of SERVICES or PRODUCTS, whether based on contract, tort, strict liability or otherwise.

No obligations or liability shall arise out of BLACKHAT CONSULTANTS rendering technical or other advice in connection with SERVICES or PRODUCTS rendered hereunder. CUSTOMER understands and agrees that SERVICES and PRODUCTS provided by BLACKHAT CONSULTANTS are not guaranteed to be error free. CUSTOMER understands and agrees that any and all SERVICES and PRODUCTS are provided "as is, as available, and with all faults" without warranties of any kind, either expressed or implied, including without limitation, warranties of title, fitness for a particular purpose, other than warranties that cannot legally be excluded. BLACKHAT CONSULTANTS makes no warranty that SERVICES and PRODUCTS will work on CUSTOMER’s computer system. CUSTOMER understands and agrees that BLACKHAT CONSULTANTS is not liable for any loss of data on CUSTOMER’s computer systems or for any disruption of service as a result of BLACKHAT CONSULTANTS’s SERVICES and PRODUCTS. CUSTOMER understands and agrees that BLACKHAT CONSULTANTS has no responsibility for any third-party content, data, information, programs or other material that CUSTOMER may use on CUSTOMER’s computer systems. It is CUSTOMER’s responsibility to back up any and all data prior to BLACKHAT CONSULTANTS conducting its SERVICES and PRODUCTS.
 
6. Unauthorized Access, Malware, and Third-Party Services, Products and Content.
Unauthorized Access. BLACKHAT CONSULTANTS is not responsible for any unauthorized access to the data, files, transmissions, communications sent to or from CUSTOMER or for unauthorized access to CUSTOMER’s computer. BLACKHAT CONSULTANTS does not warrant any security system it may employ, either hardware or software, for the purpose of preventing unauthorized access to CUSTOMER’s computer. Any security systems employed by BLACKHAT CONSULTANTS maintains only a minimal level of protection. BLACKHAT CONSULTANTS is not responsible for damages resulting from the use of any such security system. CUSTOMER understands and agrees that CUSTOMER is solely responsible for the security of any computer or other device(s) with which CUSTOMER connect to the SERVICES and PRODUCTS, and any data, programs or information stored on such devices. CUSTOMER is responsible for taking measures to ensure the security of CUSTOMER’s computer system(s) to prevent unauthorized access to it by others
 
7. Contact BLACKHAT CONSULTANTS.
If CUSTOMER has a question about billing or need general information about BLACKHAT CONSULTANTS or its SERVICES and PRODUCTS, please contact BLACKHAT CONSULTANTS at support@blackhatconsultants.com.  
 
8. Governing Law.

This AGREEMENT shall be governed by the laws of the United States of America.
 
9. Miscellaneous.
9.1 Entire AGREEMENT. This AGREEMENT is CUSTOMER’s entire AGREEMENT with BLACKHAT CONSULTANTS and is not intended to confer and does not confer any rights or remedies upon any person or entity other than the Parties to this AGREEMENT. If any part of this AGREEMENT is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Parties and the remaining portions shall remain in full force and effect. This AGREEMENT sets forth the entire understanding and AGREEMENT of the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements related thereto.
 
9.2 Force Majeure. BLACKHAT CONSULTANTS shall be excused from performance hereunder, and shall not be liable for damages or otherwise, if and to the extent that BLACKHAT CONSULTANTS is unable to perform due to any act, event, cause or condition that is beyond its reasonable control, including but not limited to accidents, acts of God, acts of any government, failure of third-party communications networks, war, terrorist activity, industrial or labor disputes, fire, flood, explosion, civil disorder, power failure, equipment failure, acts of civil or military authorities, theft, vandalism, misuse, insurrection, inability to obtain the necessary supplies, and the like. BLACKHAT CONSULTANTS will make all reasonable efforts to notify CUSTOMER of the occurrence of any such event.

10. Intellectual Property.

The PRODUCT contain copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, images, video, graphics, and sound, and the entire content of the PRODUCT is copyrighted as a collective work under the United States copyright laws. BLACKHAT CONSULTANTS owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. CUSTOMER is prohibited from, and agree not to, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the PRODUCT, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication, or commercial exploitation of downloaded material from the PRODUCT will be permitted without the express, written consent of BLACKHAT CONSULTANTS and any other applicable copyright owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletions of author attribution, trademark, legend or copyright notice shall be made. CUSTOMER hereby agrees and acknowledges that CUSTOMER does not acquire any ownership rights by receiving a copy or example of copyrighted material.

10.1 Unless otherwise agreed in writing, all intellectual property in, and relating to the PRODUCT (including inventions, patents, trademarks, copyright, know how, designs, trade secrets and other proprietary rights or forms of intellectual property, and information confidential to BLACKHAT CONSULTANTS) and any alterations, additions or amendments to intellectual property shall remain the property of BLACKHAT CONSULTANTS.

10.2. By purchasing or utilizing either SERVICES or PRODUCTS, CUSTOMER acknowledges that CUSTOMER has read, fully understands, and agrees to this AGREEMENT. This AGREEMENT shall hold true all SERVICES performed and all PRODUCTS sold by BLACKHAT CONSULTANTS for CUSTOMER.