LAST UPDATED ON NOVEMBER 1, 2011
PROPRIETARY RIGHTS. The Website and the Content are the sole and exclusive property of Mandiant and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by us in writing.
PERMITTED USES. We invite you to view a single copy of the Website and the Content for your own use; provided, however, that you may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Website or the Content unless expressly authorized by us in writing. You agree that you will not remove or modify any acknowledgments, credits or legal notices contained on the Website or in the Content.
ADDITIONAL RESTRICTIONS. You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it.
ABOUT THE INFORMATION ON THIS SITE. The content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe our publication of the Website as a warranty or guarantee of the quality or availability of any goods or services.
COMMUNICATIONS WITH THIRD PARTIES. Your dealings or communications through the Website with any third party are solely between you and that third party. Under no circumstances will we be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.
ELIGIBILITY. By using the Website, you represent and warrant that (a) all registration information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation.
LINKS TO OTHER SITES. The Website may contain links to websites operated by other parties. We provide these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not always under our control, and we are not responsible for the content available on third party sites. Such links do not imply our endorsement of information or material on any other site and we disclaim all liability with regard to your access to and use of such linked Websites.
LINKS TO OPENIOC.ORG. Unless otherwise set forth in a written agreement between us, you must adhere to our linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with us, (iii) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website, and (iv) we reserve the right to revoke our consent to the link at any time and in our sole discretion.
TRADEMARKS. Unauthorized use of any of our trademarks, service marks or logos are prohibited, and may be a violation of federal and state trademark laws.
DISCLAIMERS AND LIMITATION OF LIABILITY. THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY. You agree to indemnify, defend and hold us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website and/or breach of this Agreement.
COPYRIGHT. The Website is protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without our express prior written permission.
NO SCRAPING. You agree that you will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather content or reproduce or circumvent the navigational structure or content of the Website without our express prior written consent.
USER CONTENT. "User Content" means any text, communications, images, sounds, and all the material and information that you contribute through the Website. You hereby grant us a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof. You hereby represent and warrant that you have, and have the documentation to establish, all necessary rights to grant the license referenced in the preceding sentence. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
NOTICE OF CLAIMS FOR COPYRIGHT INFRINGEMENT; COPYRIGHT POLICY. If you are a copyright owner or agent thereof and believe that content posted on the Website by one of our users infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our Website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached by mail at: Mandiant Corporation, Office of the General Counsel, ATTN: Copyright, 2318 Mill Road, Suite 500, Alexandria, VA 22314, by fax at 703.683.2891, or by email at legal @ mandiant.com.
CHOICE OF LAW/FORUM. This Agreement shall be governed by, and will be construed under, the laws of the Commonwealth of Virginia, without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in Alexandria, Virginia to settle any dispute which may arise out of, under, or in connection with this Agreement. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.