We will make Our best effort to implement and shall require any third party contractors to implement security measures that include the employment of reasonable and appropriate administrative, technical and physical safeguards to protect Registered User Information in Our possession or control against unauthorized access or loss.
We agree that We will do Our best to prevent an introduction into the Services, spyware, viruses, worms, rootkits, adware, keystroke loggers, dialers, time bombs, time locks, or malware. We shall use up-to-date anti-virus software designed to prevent the introduction of any material which allows or causes the installation, transferring, or in any way facilitating the installation or transfer of any malware.
We shall implement reasonable, appropriate, and up to date restrictions regarding physical and electronic access to the data stored in Our servers and Our systems, including, but not limited to, physical access controls, secure user authentication protocols, secure access control methods, firewall protection, malware protection, and use of encryption for information being transmitted across the public internet or wirelessly and as otherwise required by Privacy Laws and Regulations.
We maintain a relevant and appropriate written policy regarding information security that includes technological, physical, administrative, and procedural controls to protect the confidentiality, integrity, and availability of information and Our systems that encompasses access, retention, and transport of information and that provides for disciplinary action in the event of its violation.
We will prevent terminated employees from accessing information and Our systems by limiting their physical and electronic access to such information as soon as possible.
Neither party will use any Confidential Information of the disclosing party except as expressly and exclusively permitted in this Agreement or as expressly authorized in writing by the disclosing party. Each party will use the same degree of care to protect the disclosing party’s Confidential Information as it uses to protect its own Confidential Information of like nature, and in any event, no less than commercially reasonable efforts.
Except as required by law, neither party is allowed to communicate the other party’s Confidential Information to any third person or entity other than the receiving party’s officers, employees, consultants, and legal advisors who need such access in the intent of the Agreement, and a party shall be strictly liable for the unauthorized disclosure of the communicating party’s Confidential Information.
Each party agrees to notify the other of any known unauthorized use or disclosure of Confidential Information and to provide reasonable assistance to such other party, and its licensors, in the investigation and prosecution of such uninformed and unauthorized use or communication.
Assignment: Neither party may assign any of its rights or delegate any of its obligations under this Agreement, whether by operation of law or otherwise, without the other party’s prior express written consent. The assignment without such consent will be null and void. Subject to the foregoing, this Agreement will bind and inure to the parties’ benefit and their respective successors and permitted assigns.
Arbitration and Equitable Relief: The parties agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance, or breach of this Agreement will be settled by expedited arbitration to be held in accordance with any applicable country’s laws.
The arbitrator, who will be agreed to by the parties, may grant injunctions or other relief in such dispute or controversy. The arbitrator’s decision will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Each Party will each pay one-half of such arbitration’s costs and expenses, and each of the parties will separately pay its counsel fees and expenses. The prevailing party, as determined by the arbitrator, will be entitled to costs and fees associated with the action.
Independent Entities: The parties are independent entities or perceived bodies. Neither party will be deemed to be an employee, agent, partner, or legal representative of the other for any aim, nor will they have any right, credibility, or authority to create any obligation or responsibility on behalf of the other, exclusively as a result of this Agreement.
Severability: Any provision of this Agreement that is held to be unenforceable in any jurisdiction will be ineffective only as to that jurisdiction, and only to the extent of the unenforceability of such provision without invalidating the remaining provisions hereof.
Complete Understanding: This Agreement is the complete and exclusive statement of the mutual understanding of the parties. It supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.
All waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy. All the mandatory and relatable terms and conditions and specifically noted and discussed in detail within the scope of this Agreement, with no applicable exceptions.
Survival: Under all sections of this Agreement, the respective rights and obligations that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers, and limitations of liability.