Terms and Conditions

SMB ISAO WEBSITE TERMS OF USE

Last Updated: October 4, 2018

SMB ISAO Inc. ("SMB ISAO") operates www.SMBISAO.com and www.survivecyber.com ("Site") that links to these Terms of Use to provide online access to information about SMB ISAO and the products, services, and opportunities we provide. Use of the SMB ISAO Service is governed by our Customer Terms of Service, available at www.survivecyber.com/legal/memberterms

By accessing and using the Site, you agree to these Terms of Use.

SMB ISAO reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

  1. Agreement.

    Because these pages contains legal obligations, including, but not limited to limitations on liability, arbitration provisions and a class action waiver, please read these Terms and Conditions carefully. By accessing, viewing or using any of our services, (i) you acknowledge that you have read, understand and agree to be bound by and subject to these Terms and Conditions and Privacy Policy (collectively “Terms of Use”), unless separate terms are offered by you in writing and accepted by SMB ISAO, and (ii) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the goods and services offered herein. If you do not agree to all the Terms of Use of this agreement, then you may not access this Website or use any of its services.

  2. Permitted Use of The Site.

    You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about SMB ISAO products and services, and solely in compliance with these Terms of Use.

  3. Modification.

    We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting revised terms on this Website. The date on which these Terms and Conditions have been last updated will be noted immediately above this page and the revised Terms and Conditions will take effect seven (7) days after their publication on this Website. In the event we make material changes to the Terms and Conditions, we will attempt to notify you via email at the address we have on file. Your continued use of this Website after any such changes have been made constitutes acceptance of those changes.

  4. License.

    This agreement provides you with a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use this Website solely for your personal use or your internal business purposes. You may not (i) use, copy, store, reproduce, transmit, distribute, rent, lease, sell, transfer, license, sublicense, or commercially exploit this Website in any manner not expressly permitted by this agreement; (ii) modify, alter, decompile, dissemble, reverse engineer, translate, or make derivative work of this Website; (iii) interfere, access, link to, use any source code contained in this Website; or (iv) erase or remove any proprietary or intellectual property notice contained in this Website and other services provided by SMB ISAO.

  5. Prohibited Use of The Site.

    By accessing the Site, you agree that you will not:

    • Use the Site in violation of these Terms of Use;
    • Use the Site in violation of the terms of SMB ISAO's Acceptable Use Policy at survivecyber.com/legal/acceptable-use;
    • Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
    • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
    • Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the SMB ISAO servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
    • Use the Site in any manner that damages, disables, overburdens, or impairs any SMB ISAO website or interferes with any other party's use and enjoyment of the Site;
    • Mirror or frame the Site or any part of it on any other web site or web page;
    • Attempt to gain unauthorized access to the Site;
    • Access the Site by any means other than through the interface that is provided by SMB ISAO for use in accessing the Site;
    • Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.

    Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.

  6. Membership, Free Trials, Billing and Cancellation.

    Ongoing Membership. Your membership with SMB ISAO, which may start with a free trial, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access to provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use our service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

    Free Trials. Your SMB ISAO membership may start with a free trial. The free trial period of your membership lasts for two months, or as otherwise specified during sign-up. You will be charged a $2.00 authorization fee to your Payment Method upon the commencement of your free trial. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. SMB ISAO reserves the right, at its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

    Billing. By starting you SMB ISAO membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of our service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift cards, redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

    Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

    Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled. In the even your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month of such day as we deem appropriate.

    No Refunds, Cancellation. You may cancel your membership at any time, and you will continue to have access to the SMB ISAO services through the end of your monthly billing period. PAYMENTS ARE NOT REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. You may cancel by contacting Customer Service at (805) 530-7357. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

  7. Copyrights and Trademarks.

    The Site is based upon proprietary SMB ISAO technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of SMB ISAO or its licensors (if any). SMB ISAO owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. SMB ISAO, the Sprocket Design, the SMB ISAO logos, and other marks used by SMB ISAO from time to time are trademarks and the property of SMB ISAO. The appearance, layout, color scheme, and design of the SMB ISAO.com site are protected trade dress. Customer does not receive any right or license to use the foregoing. SMB ISAO may use and incorporate into the Site or the SMB ISAO Service any suggestions or other feedback you provide, without payment or condition.

    Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to SMB ISAO's designated Copyright Agent. See the Claims of Copyright Infringement instructions below.

  8. DMCA Notice.

    Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor 17 U.S.C. § 512(c), if you believe that anything on this Website or service offered herein infringes any copyright that you own or control, you may file notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), by contacting us at info@survivecyber.com.

  9. Links to Third-Party Web Sites.

    Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by SMB ISAO of the third party, the third-party web site, or the information there. SMB ISAO is not responsible for the availability of any such web sites. SMB ISAO is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of SMB ISAO affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.

  10. Downloading Files.

    SMB ISAO cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

  11. Representations and Warranties.

    You represent and warrant to SMB ISAO that (i) you are at least 18 years of age; (ii) you are authorized to enter into this agreement; (iii) you will not use this Website or the Contents herein for any purpose or manner that violates any laws, regulation or that infringes the rights of SMB ISAO or any third party; (iv) any information or data you provide to SMB ISAO will not violate any law, regulation or infringe the rights of SMB ISAO or any third party; (v) all information that you provide to SMB ISAO in connection with this Website (e.g. name, e-mail address, phone number and/or other information) is true and accurate; and (vi) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

  12. Warranty Disclaimers.

    SMB ISAO DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE OF THIS WEBSITE, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. THIS WEBSITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OUT OF COURSE OF DEALING, USAGE OR TRADE.

  13. Limitation of Liability.

    YOU AGREE THAT SMB ISAO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, LOSS OF DATA, LOSS OF SECURITY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE, OR OF INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SMB ISAO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN PARTICULAR AND WITHOUT LIMITATION, TOTAL LIABILITY OF SMB ISAO FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS WEBSITE, RESULTS FROM USE OF THIS WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  14. Indemnification.

    You agree to defend, indemnify, discharge, release and hold harmless SMB ISAO and its officers, directors, shareholders, employees, agents, representatives, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through this Website, arising from, in connection with or relating to (i) any breach or violation of this agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our services; (iv) your transmissions, submissions or postings; and/or (v) any personal injury or property damage caused by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith.

  15. Privacy

    We respect your privacy and use commercially reasonable efforts to safeguard your personally identifiable information. For additional information regarding SMB ISAO’s collection and use of your personally identifiable information in connection with your use of this Website, please see our Privacy Policy. Your use of the Site is subject to SMB ISAO's Privacy Policy, available at www.survivecyber.com/privacy.

  16. SMS and Auto Dialed Calls.

    By entering your contact information into SMB ISAO, you expressly request to receive information via telephone call, email and/or SMS/text message, including through the use of an automatic telephone dialing system or artificial/prerecorded voice, SMS/text message, even if your telephone number is listed on any internal, state or federal Do-Not-Call registry list. Consent is not a requirement to purchasing the goods or services that SMB ISAO is offering. You may opt-out by replying “STOP” to any message that you receive and you may requested additional assistance by replying “HELP”. Up to 15 recurring monthly messages per month. Standard message and data rates may apply.

  17. Foreign Users.

    SMB ISAO makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from outside the United States, please understand that this Website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with SMB ISAO; (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of resident; (iii) under no circumstance shall SMB ISAO be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.

  18. Governing Law.

    This agreement will be construed, enforced and governed in accordance with the laws of the State of Colorado, without regard to any conflict of law principles. The state or federal courts in El Paso County, Colorado will have exclusive jurisdiction and venue over all controversies in connection with this agreement, and you hereby consent to such exclusive and personal jurisdiction and venue. Any claim you may have against SMB ISAO must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding.

  19. Binding Arbitration

    The parties agree to submit any dispute arising out of or in any way relating to this Site to binding arbitration conducted by a single arbitrator under the Commercial Rules of the American Arbitration Association (“AAA”) in Colorado Springs, Colorado, rather than a proceeding in a court of law. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration aware shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of SMB ISAO’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award. If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions shall control. By agreeing to arbitration, you agree that the parties are each waiving the right to file a lawsuit and the right to a trial by jury in any action in any way arising out of or related to this agreement. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

  20. Notice of Claim.

    For all disputes you may have, whether pursued in court or arbitration, you must first give SMB ISAO an opportunity to resolve the dispute by providing written notification to info@survivecyber.com and via postal mail to SMB ISAO LLC, attention CEO, 2005 Aeroplaza Drive Colorado Springs, CO 80916 stating (i) your name, (ii) your address, (iii) a written description of your claim, and (iv) a description of the specific relief you seek. If SMB ISAO does not resolve the dispute within 30 days after it receives your notification, you may pursue your dispute as set forth above.

  21. No Class Actions.

    To the extent allowed by law, you and SMB ISAO each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. You hereby understand that by agreeing to this class action waiver, you may only bring claims against SMB ISAO in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.

  22. Severability.

    If any provision of this Agreement shall be adjudged by any court or arbitrator of competent jurisdiction to be unenforceable or invalid, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that provision of this Agreement that is unlawful, void or unenforceable shall be limited or eliminated from this Agreement. The remaining provisions of this Agreement will otherwise remain in full force and effect.

  23. Relationship of the Parties.

    The relationship between you and SMB ISAO is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without SMB ISAO’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, SMB ISAO may assign this Agreement in whole or in part. Moreover, SMB ISAO may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement.

  24. Termination.

    SMB ISAO reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to terminate this Agreement with you in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that SMB ISAO shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement.

  25. Entire Agreement.

    This agreement and SMB ISAO’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and SMB ISAO with respect to subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and SMB ISAO with respect to the Website.

  26. Correction of Errors and Inaccuracies.

    The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. SMB ISAO therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. SMB ISAO does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

  27. Miscellaneous.

    The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at info@survivecyber.com.