Terms of Use

Last Update: 31st May 2023




The terms and conditions (“Terms of Use”) set forth an agreement between Passivern (“Company”) and you that regulates your use of this Website and all of its related services, content, and functionality. This policy applies to the Company-managed Website (the “Website”), which may be found at https://passivern.com.

Your use of the Website signifies your acceptance and agreement to the Terms of Service. The Company has the right to change, revise, amend, or update its Website, policies, and these Terms of Service at any time. These Terms of Service are subject to modification at any time without notice. You must not use the Website if you do not agree with or accept any portion of these Terms of Service.

PRIVACY POLICY

We value your privacy just as much as you do. As a result, we’ve compiled our privacy practices into a Privacy Policy, which you can access by clicking the “Privacy Policy” link on each page. This reference incorporates the Privacy Policy into this agreement.

YOUR RESPONSIBILITY IN USING THE WEBSITE

We created the Website only for educational reasons. You realize and agree that you are solely responsible for your use of the Website’s information. The Company makes no promises, warranties, or guarantees. You are aware that outcomes may differ from person to person. The Company accepts no liability for any mistakes or omissions that may occur on the Website.

USE OF THE WEBSITE

Unless otherwise noted, the Company owns the intellectual property and rights to all information and material on the Website. All intellectual property rights are reserved, subject to the terms of the license below.

Subject to the limits set out below and elsewhere in these Terms of Use, you may view, download (for caching purposes only), and print pages for your personal use.

The following uses are not authorized unless they are clearly and expressly made available for such purposes:

  • Reproduction, redistribution, sale, rental, or sub-licensing of content from the Website.
  • Commercial reproduction or duplication of any content on the Website.
  • Modification of any content on the Website.

You may share content on social media networks as long as you include a link to the Website on the channel where the content is posted.

Users may distribute one picture from the Website on digital channels as long as the Company acknowledges the image and a link to the Website is included. For example, if you own a website and want to highlight some of the Company’s material, you may use one picture from the Website as long as you give attribution and a link back to the Website, specifying the page where the image was taken.

The Website may use various plugins or widgets from time to time to facilitate content sharing via social networking channels, email, or other ways. The use of these plugins or widgets is not a waiver of the Company’s intellectual property rights. This is restricted permission to repost the material solely on the permitted social media platforms, with full attribution to the Company.

LIMITED DOWNLOAD LICENSE

You may be able to download a free guide(s) from the Site. If you choose to exercise the option, we will offer you a limited, non-exclusive, personal, and non-transferable license to use the eBook (s). You acknowledge and accept that you have no right to change, edit, create derivative works from, distribute, sell, rent, share, or republish any information on or in the guide without our express permission.

PROHIBITED USES OF THE WEBSITE

You must not use the Website in a way that causes or may cause damage to the Website or impairs access to the Website’s availability. Except as specifically authorized by relevant law, you may not decompile, reverse engineer, disassemble, or otherwise reduce the Website. You shall not use the Website to copy, store, host, transmit, send, utilize, publish, or distribute any material that contains (or is connected to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other harmful programming or malicious software.

You shall not undertake any systematic or automated data collecting activities on or in connection to the Website, including, but not limited to, scraping, data mining, data extraction, or data harvesting, without the Company’s prior written authorization.

You must not use the Website to communicate or send unsolicited commercial messages, such as spam comments.

You must not use the Website for third-party marketing without the express written approval of the Company.

COPYRIGHT

Unless otherwise specified, the design, content, and all website components are copyrights owned by the Company or third parties and are protected by the United States and international copyright laws and should not be reused or reposted without express written consent.

TRADEMARKS

The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any way that is likely to cause consumer confusion, or in any way that disparages or discredits the Company or its owners.

On occasion, the Website will legitimately use third-party trademarks. These trademarks are the property of their respective owners, and the Company does not claim ownership.

CONTENT CONTRIBUTED TO THE WEBSITE

You may submit material to the Website in restricted situations, including, but not limited to, comments, postings, or submissions. Any content you contribute to the Site, including but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on the legal rights of any third party, and must not give rise to legal action against you, Company, or a third party.

GRANT OF RIGHTS

You grant Company a non-exclusive, global, irrevocable license to use, reproduce, modify, publish, translate, and distribute any material you make to the Website. Text, photos, audio material, comments, video content, and audio-visual material are examples of this. This license applies to all existing and future media. You also grant Company the right to sublicense these rights and to sue for infringement of these rights.

COMMENT POLICY

The Website allows you to leave comments and interact with the Website’s content. The following remarks will be removed and will not be tolerated:

  • harassment aimed against any content creator or Company;
  • Spam;
  • Hate speech;
  • Defamatory remarks about the Company or any third party;
  • Allusions to unlawful conduct; or
  • Comments that may infringe a third party’s legal rights.

The Company’s sole judgment will be utilized to assess whether a remark violates our comment policy. Any comments found to be in violation will be removed immediately, and no further explanation will be provided if your remark was found to violate our policy.

AFFILIATE MARKETING

The Website may engage in affiliate marketing from time to time. This means that if you click on an affiliate link and make a purchase, the Website will get a commission. Every effort is made to ensure that affiliate links are disclosed in compliance with FTC regulations.

Passivern is a member of the Amazon Services LLC Associates Network, an affiliate advertising program established to provide a method for sites to make advertising fees by advertising on and linking to Amazon.com.

Our full affiliate policy is here: https://www.passivern.com/affiliate-policy/

FTC DISCLOSURE

The Website may, from time to time, feature sponsored material from an advertiser. This implies that an advertiser, such as a brand, agency, or influencer network, will hire Company to generate content with specific messaging or product placement. All such advertisements on the Website are clearly and prominently disclosed in accordance with the FTC’s rules.

Regardless of whether compensation (e.g., cash, free goods, or services) is received in exchange for this sponsored content placement, the Company expresses its honest opinion, findings, beliefs, or experiences in such material. All opinions stated on the Website are the content creators. Any product claim, statistic, statement, or other representation regarding a product or service should be checked with the manufacturer, supplier, or other parties in the issue.

TAKEDOWN REQUESTS

On occasion, the Website will publish postings containing photos from other third-party websites. Under copyright regulations, such usage is allowed fair use and is properly acknowledged to the owner. If you feel your copyrighted work has been utilized on the Website in a way that constitutes copyright infringement and goes beyond fair use, please contact us here, and we will remove the image within 5 to 10 business days.

COMMUNICATION

You consent to receive electronic communications from Company if you send Company an email, register to use the Website, or offer your email to Company in any other manner (for example, newsletter registration). You agree that all legal notices sent by Company via electronic means fulfill any requirement for written notice.

THIRD PARTIES

The Website may contain links to third-party websites that are not managed or authorized by the Company. You represent and guarantee that you have read and agree to be bound by any applicable Terms of Service and policies for any third-party website relating to your use of the Website. The Company has no control over or accountability for the content of any third-party websites. You expressly release the Company from any and all liabilities arising from your use of a third-party website.

You must conduct all necessary investigation or due diligence before engaging in any events or commercial transactions with any third parties identified through or connected on the Website. If there is a problem with any events or commercial transactions with a third party identified or connected on the Website, you expressly release Company from any and all obligations in the dispute.

NO WARRANTIES

The Website provides “as is” and “as available” with no explicit or implied claims or guarantees. The Company makes no representations or guarantees about the Website or the information and materials available on it.

The Company makes no promise that the Website will meet your expectations; will be available continuously; will be timely and free of viruses or bugs; or reflects the Website’s complete operation, accuracy, and reliability. The Company is not liable to you if any content or material published or communicated over the Website is lost. The Website is published in English, and no assurance is given on the translation or interpretation of content in any language.

LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER, CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on:

  1. Your negligence or intentional misconduct.
  2. Your breach of any provision of the Terms of Use (including representation or warranty).
  3. Materials prepared or provided by you include any claims of infringement or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel.
  4. Death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Service shall be regulated and construed in conformity with California law. Any dispute or claim arising out of or relating to the Terms of Use, or their breach, shall be settled through arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in or near San Bernardino County, California. The parties further agree that the AAA Optional Rules for Emergency Protective Measures will apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Service is deemed invalid, unlawful, or unenforceable, the other sections will be deemed severable and enforceable. If a provision is overly comprehensive, it must be narrowed or decreased in scope to be enforced.

You may not assign the Terms of Use without the prior written agreement of the Company; however, the Terms of Use may be transferred by Company at its sole discretion.

The Terms of Use constitute the parties’ total, complete, and exclusive agreement concerning the Website provided by Company.

All notices about the Terms of Service must be in writing and may be sent through email to contact.passivern[~at~]gmail[dot]com for PASSIVERN and to your email address.