Terms of Use

General Terms

Welcome to the website of Cydcor LLC, a Delaware limited liability company (the “Company”, “we” or “us”). By accessing and/or utilizing our website, you hereby agree to the terms and conditions set forth below, together with any other documents, materials and/or information that are expressly incorporated by reference below (collectively, these are referred to herein as “Terms of Use”). These Terms of Use govern your access to and use of www.cydcor.com (the “Website”), including any and all content in any form, data, functionality and/or services or other items offered on or through the Website.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you hereby acknowledge, accept and agree to be legally bound by these Terms of Use.

You also hereby acknowledge, accept and agree to the Company’s Privacy Policy, located at www.cydcor.com, which is incorporated herein by this reference.

If you do not acknowledge, accept and agree to be bound by the Terms of Use and the Company’s Privacy Policy, you must not access or utilize the Website.

Amendments and Modifications to the Terms of Use

The Company reserves the right to amend and modify the Terms of Use at the Company’s sole discretion at any time and without notice. Such modifications are effective upon publication on the Website, are effective immediately, and apply at all times thereafter.  You hereby acknowledge, accept and agree to the Company’s right to amend and modify the Terms of Use at its sole discretion and without notice, and your continued access and/or use of the Website constitutes your acknowledgement of, and acceptance and agreement to, the revised Terms of Use. You should therefore revisit this page from time to time to remain aware of any such changes to the Terms of Use.

Website Access

We reserve the right to withdraw, modify, adjust or amend this Website, and any information, offering, service or other material we publish or provide on the Website, in our sole discretion and without advance notice. We have no responsibility to maintain the Website, continuously or otherwise, and will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, whether to some users or to all users. From time to time, at our sole discretion, and without notice, we may restrict access to some parts of the Website, or the entire Website.

You hereby agree that the Company has no past, present or future obligation to make any or all of the Website available or accessible to you.

You also agree to ensure that all persons who access the Website through your computer, mobile device, tablet, other electronic device and/or your data, wi-fi, or wired internet connection are aware of the Terms of Use and the Privacy Policy and comply with them.

You agree and acknowledge that you may be asked by us to provide certain registration details or other information in order to access, or maintain access, to certain parts of the Website or materials contained therein. You agree and acknowledge that it is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

You agree that all information you provide to register with this Website or otherwise, including the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you register, you acknowledge that your account is personal to you and agree not to provide any other person with or access to your user name, password or other security or registration information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, whether or not such use is otherwise consistent with the Terms of Use.

We reserve the right in our discretion to disable any user name, password or other identifier, whether chosen by you or provided by us, in our sole discretion and without notice, at any time, if we perceive usage irregularities or suspect that a violation of any provision of these Terms of Use has occurred or is likely to occur.

Intellectual Property

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights’ laws. Similarly, the Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not make commercial use of the Website in any manner, nor reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.

Improper Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in violation of the Terms of Use, including without limitation in the following ways:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, either by asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (such as by using e-mail addresses associated with any of them).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that, as determined by us, may harm the Company or users of the Website or expose them to potential liability or harm.

Additionally, you shall not:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with the Company’s or any other party’s use of the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is actually or potentially malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper function of the Website.

Website User Input

Any information, data, material or content which you post publicly to the site will be considered non-confidential and non-proprietary. By providing any such materials on the Website, you grant us and our licensees, successors and assigns the perpetual, worldwide, royalty-free right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to any such materials and have the right to grant the license granted above to us and our licensees, successors and assigns.
• Any materials which you post publicly do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any materials you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

Monitoring and Termination User Posted Materials

We have the right to:

• Remove or refuse to post any materials for any or no reason in our sole discretion.
• Take any action with respect to any materials that we deem necessary or appropriate in our sole discretion, including if we believe that such materials violate the Terms of Use, infringe any intellectual property rights or other rights of any person or entity, threaten the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

User Contributions

You agree that any material which you post to the Website (and any sites or social media platforms from which you link to the Website’s homepage) will not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement by Other Users

If you believe that any materials on the Website violate your copyright, please send us a notice of copyright infringement. It is the policy of the Company to terminate the access of repeat infringers.

No Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Linking to the Website

You may link to our homepage, but not other portions of the Website; provided you do so in a way that is (i) consistent with the Terms of Use, (ii) fair and legal and (iii) does not damage our reputation or take advantage of it. However, you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including your User Contributions, any use of the Website’s content other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the Counties of Los Angeles or Ventura in the State of California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Actions

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Contact Us

This website is operated by Cydcor LLC, which is headquartered at 29899 Agoura Road, Suite 100, Agoura Hills, CA 91301.

All notices of copyright infringement claims should be sent to “Legal” at the address set forth above. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: corpcomm@cydcor.com