LAST UPDATED: September 27, 2016

1. Website Terms of Use

Welcome to www.wombatsecurity.com (the "Site"), the official website for Wombat Security Technologies, Inc. (“Wombat” or “we” or “us”). The following is important information regarding this Site, our copyright to its contents and the terms for your use of the Site as a visitor to the Site.  These Terms of Use govern your use of the Site.  Your use of the Site also is subject to our applicable Privacy Policy, the terms and conditions of which are expressly incorporated herein by this reference. For more information, see our full Privacy Policy at https://www.wombatsecurity.com/privacy-policy. You understand that through your use of this Site, as well as any of the services offered on this Site (the “Services”), you consent to the collection and use (as set forth in the applicable Privacy Policy) of this information, including the transfer of this information for storage, processing and use by Wombat.

2. Age Requirement

By using this Site, you certify that you are 18 years of age or older. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally identifiable information, by submitting photos, you hereby represent that your use of the site, the provision of your personally identifiable information to us, and our use of such personally identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

3. Site Use

If you want to use this Site, carefully read this Terms of Use.  It constitutes a written agreement between you and Wombat and it affects your legal rights and obligations.

By using this Site you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Use). Accessing the Site, in any manner, whether automated or otherwise constitutes use of the Site and your agreement to be bound by these Terms of Use.

Wombat reserves the right to change, add, or delete any portions of the Terms of Use from time to time, without liability or prior notice to you, and your continued use of the Site constitutes your acceptance of and agreement with any and all such changes.   It is your responsibility to regularly check the Site to determine if there have been changes to the Terms of Use and to review such changes.  If you do not agree to abide by these or any future Terms of Use, please do not access or use (or continue to access or use) the Site.  In addition, Wombat may post additional terms, conditions, rules or requirements related to the Site and/or its services and features.  All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms of Use and you agree to be bound by and subject to them.  At its sole discretion, Wombat also may offer other services or features governed by different Terms of Use.

We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.

4. Summary of Key Terms

It's important that you read this entire Terms of Use; but, here are some of the more significant terms that we want to bring to your attention:

  • Each time you use the Site, this Terms of Use applies to your use. Any updates to it will apply to you; so you should check back frequently for any updates.
  • By using the Site, you will not obtain any ownership or intellectual property or other interest in it or any virtual or other items that may appear on the Site or that may be used in connection with it.
  • Many types of disputes that may arise in connection with your access to and use of the Site may only be resolved by arbitration — which includes your waiver of a right to a jury trial.
  • Wombat is providing the Site to you on an "as is" basis, without any warranty of any kind, and Wombat's liability to you in connection with your use of the Site is very limited.

5. Site Content Ownership

This Site and the content including but not limited to the layout, color schemes, URL’s, photos, drawings, images, catalogs, advertisement, videos and sound and all intellectual property rights included in or associated with the Site, including, but not limited to patents, copyrights, trademarks, service marks, logos and trade secrets (collectively “Content”) are either owned by Wombat or owned by others and licensed to us.  All right, title and interest in and to the Site and such Content remains with us or our licensors, as applicable. For example, as noted below, you, by making a Submission, could become such a licensor. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Site that you do not have a pre-existing legal right, title or interest in, including, without limitation, utilizing, copying, distributing, re–publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, reverse–engineering, or transmitting any such Content, unless expressly authorized in these Terms of Use. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Site or in the Content.  You agree not to access the Service by any means other than through the interface Wombat provides via the Site for use in accessing the Service.  Your use of the Site or Service does not grant you any right, license or permission of any kind to reproduce or use Wombat’s intellectual property.

6. Limited Right to Use Site Materials

This Site and all of the Content available on the Site are the property of Wombat and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of Wombat’s rights or those of our affiliates or licensors or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials constituting such Content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the Site. You may, however, from time to time, download and/or print copies of brochures and catalogs found on the Site for your use in selecting and purchasing Wombat products, provided that you keep intact all copyright, trademark registration and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site can be found at https://www.wombatsecurity.com/.

7. Rights of Others

Wombat respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting of it on the Site, then please see Section 18, below.

8. Limitations on Linking and Framing

You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship, endorsement, affiliation or other connection of your website or service by Wombat and does not contain any malicious code.  However, you may not, without our prior written permission, frame or inline link or deep link any of the content of our Site, or incorporate into another website or other service any of our material, Content or intellectual property.

9. Linking and Third Party Content

The Site may contain links to third–party websites not under our control or operation. Wombat or users may provide any such links only as a convenience; Wombat does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Site may contain news, advertisements, content and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party’s terms and conditions.  You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.

10. Additional Terms and Conditions

Additional terms and/or conditions (e.g. Wombat standard terms and conditions) may apply to specific areas of the Site or Site functionality, and you agree to abide by such other terms and conditions.

11. Laws and Regulations

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Site and its Content and (ii) release of information to and retrieval of information from the Site. To the extent that any applicable taxes, duties, or other fees apply to your use of the Site, you are responsible for all such payments. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Site, as applicable, to any applicable government agencies, all without liability to us.   Without limiting the foregoing rights, you consent and agree that Wombat may access, preserve and disclose your account information and any submission if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including without limitation, to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any submission violates the rights of third parties; (iv) respond to requests for customer care; or (v) protect the rights, property or personal safety of Wombat, its users and members, and/or the public.

12. Indemnification

You agree to indemnify, save, defend, reimburse and hold Wombat, its officers, directors, employees, and representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), etc. resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission; and/or (iv) your violation of any rights of another, whether by action or omission.

13. Compatibility 

You acknowledge and agree that Wombat, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.

14. Procedure for Alleging Copyright Infringement.

Digital Millennium Copyright Act 

Wombat will respond to alleged copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The Privacy Policy does not protect information that Wombat may provide to third parties at its discretion or as required by law through copies of notices referenced below.

A.  If you are a copyright owner or an agent thereof and believe that any User Generated Content infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Wombat’s Intellectual Property department with the following:

1)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2)  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3)  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Wombat to locate the material;

4)  Information reasonably sufficient to permit Wombat to contact you, such as an address, telephone number, and, if available, an electronic mail address;

5)  A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6)  A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B.  Counter-Notice. If you believe that your User Generated Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Generated Content, you may send a counter-notice containing the following information to Wombat’s Intellectual Property department at the address set forth below:

1)  Your physical or electronic signature;

2)  Identification of the User Generated Content that has been removed or to which access has been disabled and the location at which the User Generated Content appeared before it was removed or disabled;

3)  A statement that you have a good faith belief that the User Generated Content was removed or disabled as a result of mistake or a misidentification of the User Generated Content; and

4)  Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal court in Baldwin County, Alabama, USA and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 5)  If a counter-notice is received by Wombat, Wombat may send a copy of the counter-notice to the original complaining party informing that person that Wombat may replace the removed User Generated Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Generated Content provider, member or user, the removed User Generated Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Wombat's sole discretion.

6)  Wombat will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:

By Mail:

Wombat Security Technologies, Inc.

3030 Penn Ave, Second Floor

Pittsburgh, PA 15201

Attention: Digital Millennium Copyright Act

By E-Mail:

info@wombatsecurity.com

 

 

It is often difficult to determine if your copyright has been infringed. Wombat may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Wombat may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Wombat's other rights, Wombat may, in appropriate circumstances, terminate a repeat infringer's access to the Site and any other website owned or operated by Wombat.

You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

15. Disclaimer of Warranties

WOMBAT PROVIDES THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. WOMBAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, WOMBAT DOES NOT WARRANT THAT THE WOMBAT SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE WOMBAT SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.
 

16.  Limitation of Liability 

WOMBAT SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, MERCHANDISE AND EXPERIENCES PROVIDED VIA THE SITE. WOMBAT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF WOMBAT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY WOMBAT. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, WOMBAT’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.
 

17. Exclusions and Limitations 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.
 

18. Governing Law 

These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles. Except for claims for injunctive or equitable relief regarding intellectual property rights (which may be brought in any state or Federal court of competent jurisdiction located in Pittsburgh, Pennsylvania), any claim, dispute or controversy arising out of, relating to or concerning the Site, the Service, and/or these Terms of Use will be decided by binding arbitration in accordance with the Rules of the American Arbitration Association.  Any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with Wombat and you each bearing its and your own costs and legal fees related to the arbitration, regardless of whether you or Wombat prevails.  Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The place of any such arbitration shall be Pittsburgh, Pennsylvania and you hereby expressly agree that it shall be the sole site of any such arbitration.  Judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction located in Pittsburgh, Pennsylvania, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts for this limited purpose. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law. If any part of these Terms of Use as written is held to be invalid or unenforceable, that part, if possible, is to be construed to the fullest extent that would be deemed valid or enforceable, and all remaining portions of the Terms of Use shall remain in full force and effect. 

19. Miscellaneous 

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  By offering this Site, the Services, and any information, products or other content through the Site and/or Services, Wombat does not purport to distribute to or solicit you or any person to use the Site, Services or such information, products or other content in jurisdictions where providing such is prohibited by law. You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. You also agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you have any problems, questions, suggestions or complaints about these Terms of Use or the Site, please contact us at info@wombatsecurity.com.