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TERMS AND CONDITIONS Agreement Between User and secweapon.com Welcome to secweapon.com. The secweapon.com website (the “Site”) is comprised of various web pages operated by Sec Weapon LLC (“Company”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. SECRET WEAPON is a full service digital design and branding agency. We build brands through strategically focused identities, campaigns and digital design solutions. Privacy Your use of the Site is subject to the Company's Privacy Policy www.secweapon.com?open=privacy-policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Electronic Communications By providing information through the Site, using the SECRET WEAPON Chat, submitting the communication form available on the Site, or sending emails to Company, you engage in electronic communications. In case you engage in such communications, you consent to receiving electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Who May Use the Site The Site may be used by persons who are thirteen (13) years old or older. Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under the age of eighteen (18), you may use the Site only with permission of a parent or legal guardian. Links to Third Party Sites/Third Party Services The Site may contain links to other third-party websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the content of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company to the site or any association with its operators. You should review the terms and conditions of any Linked Site before you use it. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge that Company may share certain information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers. No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable and revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful under applicable law or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Site, such as text, graphics, trademarks, trade dress, logos, design, images, as well as the compilation thereof, and any software used on the Site is the property of Company or its suppliers and protected by copyright, trademark or patent, as applicable, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content, and to not make any changes thereto. You will not copy, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Company and the owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms. DMCA Compliance Company complies with the notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. If you believe someone is infringing upon your copyright, you can report it to us by filling out our DMCA Takedown Form www.secweapon.com/dmca-takedown-form. Only the copyright owner or their authorized representative may file a report of copyright infringement. If you believe something on the Site infringes someone else’s copyright, you may want to let the rights’ owner know. When we receive your DMCA notice, we’ll take whatever action we think is appropriate, which may include removing the reported content from the Site. If we remove content in response to a DMCA notice, we may notify the person who uploaded or made it available on the Site so they have the opportunity to send a counter-notice. We may also send a complete copy of the notice to others, as appropriate. If your content is removed under the DMCA, you will receive information about how to file a counter-notification in the message we send you. You should only submit a counter-notification if the content was removed because of a mistake or misidentification. Kindly note that there are legal and financial consequences for fraudulent or bad faith counter-notices. When we receive an effective DMCA counter-notification, we forward it to the party that reported the content. The information they receive includes your contact information, which they can use to contact you. To contact us for reporting copyright complaints, or for any related questions or concerns, you may email: info@secweapon.com. International Users The Site is controlled, operated and administered by Company within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Indemnification You agree to indemnify, defend and hold harmless Company, its affiliates, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in the city and county of New York. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms. Class Action Waiver Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Termination/Access Restriction Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Miscellaneous To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Site. Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. Changes to Terms Company reserves the right, in its sole discretion, to change the Terms under which the Site and all services under it are offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates. Contact Us Company welcomes your questions or comments regarding the Terms: Email Address: info@secweapon.com Telephone Number: 18337315333 Effective as of January 01, 2019
PRIVACY POLICY Protecting your private information is our priority. This Privacy Policy applies to secweapon.com (the “Site”) and governs all data collection and usage through the Site. For the purposes of this Privacy Policy, unless otherwise noted, all references to Sec Weapon LLC (the “Company”) include the Site. By using the Site, you consent to the data practices described in this Policy. Collection of Personal Information We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) participating in the SECRET WEAPON Chat; (f) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for the purposes set forth in this Privacy Policy, including, but not limited to, for communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future. Sharing Information With Third Parties Company does not sell, rent or lease its customer lists to third parties. Company may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Company, and they are required to maintain the confidentiality of your information. Company may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Company or the Site; (b) protect and defend the rights or property of Company; and/or (c) act under exigent circumstances to protect the personal safety of users of Company or the public. Tracking User Behavior Company may keep track of the websites and pages our users visit within the Site, in order to determine what Company services are the most popular. This data is used to deliver customized content and advertising within the Site to customers whose behavior indicates that they are interested in a particular subject area. Technical Information We Collect Information about your computer hardware and software may be automatically collected by Company. This information may include: your IP address, browser type, domain names, access times, and referring website addresses. This information is used for the operation of our service, to maintain quality of the service and to provide general statistics regarding use of the Site. Use of Cookies The Company website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Company pages, or register with Company site or services, a cookie helps Company to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses and so on. When you return to the same Company website, the information you previously provided can be retrieved, so you can easily use the Company features that you customized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Company services or websites you visit. Links The Site contains links to other third party websites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of any other site that collects personally identifiable information. Security of Personal Information Company secures your personal information from unauthorized access, use or disclosure. Company uses the following methods for this purpose: - SSL Protocol, DST Root CA X3 & Let's Encrypt Authority X3 When personal information (such as credit card numbers) are transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. Children Under Thirteen Company does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us. Residents of California If you are a California resident, you can request a notice disclosing the categories of personal information about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. Please contact as at info@secweapon.com and allow seven (7) business days for a response. E-mail Communications From time to time, Company may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. If you would like to stop receiving marketing or promotional communications via email from Company, you may opt out of such communications. Customers may unsubscribe from emails by replying “STOP” or clicking on the “UNSUBSCRIBE” button. Changes to This Policy Company reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site and/or by updating any privacy information on this page. Your continued use of the Site and/or services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy. Breach of Privacy Policy Please note that any user who violates or disagrees with our Privacy Policy; harasses, assaults and treats inappropriately any representative, employee or advisor of the Company; commits fraud or any other criminal activity, will be immediately erased from our database, and will not have the right to use the Site again. We reserve our right to enforce our legal rights pursuant to the applicable New York State and Federal Laws. Contact Information Company welcomes your questions or comments regarding this Privacy Policy. If you believe that Company has not adhered to this Statement, please contact Company at: Email Address: info@secweapon.com Effective as of January 01, 2019