WEBSITE TERMS OF USE

 

BY ACCESSING OR TRANSMITTING CONTENT THROUGH THE WEBSITE YOU ACCEPT THESE TERMS OF USE (“TERMS”) AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS, USE, OR TRANSMIT ANY CONTENT USING THE WEBSITE.

 

Definitions

“Company” means Irwin Code Consulting, LLC.

 

“Content” means any information you Transmit using the Website.

 

“Services” mean the code auditing services provided by Company, as more fully described in the Terms and Conditions for Services.

 

“Transmit” and its correlatives mean to access, upload, or otherwise deliver or make available Content through the Website.

 

“Website” means the Company’s website and the content and functionality it provides, accessible by a modern internet browser at www.irwincc.com.

 

“You” means the person accessing, using, or Transmitting Content using the Website.

 

Description of the Website

The Website enables you to view information regarding and to Transmit Content requesting Company’s Services.

 

Permitted and Prohibited Use of the Website

These Terms permit you to use the Website and Transmit Content for your personal use only.  You agree to use the Website solely to Transmit Content regarding Services you intend to purchase from Company.  

 

You agree you will not use the Website to: (a) Transmit any Content for which you do not have the authority and consent to Transmit; (b) impersonate another person or create a fake identity; (c) attempt to access any content or information except as permitted by Company; (d) transmit or upload any obscene, profane, or pornographic materials, or other materials prohibited by law; (e) knowingly transmit or upload false or inaccurate Content; (f) distribute advertisements for or solicit the purchase of goods or services; or (g) harass, intimidate or threaten others; (h) upload any Content that may contain viruses, malware, or other harmful code; (i) disable or impair the function of the Website; or (j) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any element of the Website or Services.

 

You are required to provide your own equipment, software, and internet connection sufficient to enable you to access and use the Website and Transmit Content.

 

Rights Reserved by the Company

The Company reserves the right, in its sole discretion, to: (a) suspend or terminate your access to and use of the Website or remove Content at any time, with or without prior notice, for any reason, including if the Company believes you have breached these Terms; (b) change or impose limits on any aspect of the Website, including its design, functionality, and overall look and feel; (c) monitor your use of the Website and Transmission of Content; (d) disclose your identity and usage information to any third party who claims that Content you Transmit violates their rights, including without limitation their privacy rights; and (e) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

 

Without limiting the foregoing, the Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone using the Website.  YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS MEMBERS, AFFILIATES, AGENTS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY CONSISTENT WITH THESE RIGHTS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

Description of Data Security Measures

The Company will use reasonable administrative, physical and technical safeguards to protect the confidentiality and integrity of Content.  The Company ensures the security and confidentiality of the Content being transmitted between your browser and the server using advanced cryptographic protocols.

 

Notwithstanding the foregoing, no security measures are perfect, and you agree the Company is not responsible for any failure of any security measures to prevent unauthorized access to the Content.

 

Data Breach Notices

If the Website suffers a data breach that may harm or impair the confidentiality or integrity of your Content, the Company will provide written notice to you as required by applicable law, via email to the email address you provide or as otherwise required by applicable law.

 

Outages and Downtime

The Company will make reasonable efforts to provide advance notice of scheduled downtime of the Website but does not warrant it will provide advance notice of scheduled downtime in all instances.

 

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES THAT THE WEBSITE WILL BE ERROR FREE, ACCURATE, RELIABLE, AVAILABLE, ABLE TO MEET YOUR NEEDS, PERFORM OR FUNCTION AS INTENDED, OR BE FREE FROM HARMFUL CODE.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS MEMBERS, AFFILIATES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY CAUSES OF ACTION, CLAIMS, COSTS, DAMAGES, EXPENSES, LIABILITIES, LOSSES, OR OBLIGATIONS OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, OR YOUR TRANSMISSION OF ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OF DATA, LOST PROFITS, LOSS OF TIME OR OPPORTUNITY, LOSS OF GOODWILL, OR LOSS OF PRIVACY, IRRESPECTIVE OF THE LEGAL THEORY UNDER WHICH ANY SUCH OR OTHER LOSSES MAY BE CLAIMED, WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY VIOLATION, OR OTHER LEGAL THEORY, AND WHETHER OR NOT THE POSSIBILITY OF ANY SUCH LOSS OR OTHER LOSS WAS MADE KNOWN TO OR FORESEEABLE BY COMPANY.  IN NO EVENT WILL THE AMOUNT OF DAMAGES THAT YOU MAY RECOVER AGAINST THE COMPANY FOR YOURSELF OR ANY OTHER PARTY FOR ANY AND ALL CLAIMS YOU HAVE OR MAY HAVE ARISING FROM OR RELATED TO THE WEBSITE OR CONTENT EXCEED $500 IN THE AGGREGATE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY DENIAL OF SERVICE OR SIMILAR ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, OR CONTENT ARISING FROM YOUR USE OF THE SERVICES OR TRANSMISSION OF CONTENT.

 

Assumption of Risk; Waiver

YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM YOUR USE OF THE WEBSITE AND TRANSMISSION OF CONTENT. YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE COMPANY AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND SERVICE PROVIDERS FROM ALL CAUSES OF ACTION, CLAIMS, COSTS, DAMAGES, EXPENSES, LIABILITIES, LOSSES, AND OBLIGATIONS RESULTING FROM YOUR USE OF THE WEBSITE OR TRANSMISSION OF CONTENT.

 

Indemnity

You agree to defend, indemnify, and hold harmless the Company and its members, affiliates, agents, and service provides from and against any and all causes of action, claims, costs, damages, liabilities, losses, and expenses (including attorney’s fees) arising in connection with or resulting from your violation of these Terms, your use of the Website and Transmission of Content, your violation of applicable law, or any negligent or more culpable act or omission by you.

 

Intellectual Property Rights

The Services and all associated content, except your Content, including images, logos, audiovisual elements, the overall look and feel of the Website, data structure and organization, templates, trademarks, copyrights, and all intellectual property rights associated with the Website and Services or any of the foregoing are the sole and exclusive property of the Company or its licensors.

 

Privacy Policy

The Company Privacy Policy is available at [https://www.irwincc.com/privacy-policy] and is incorporated herein by reference. It explains how the Company may use and transfer information, including Personal Information, in connection with the Website and your Transmission of Content.

 

Governing Law

The Company is based in Pittsburgh, Pennsylvania and makes the Website available from Pittsburgh, Pennsylvania.  Accordingly, these Terms will be construed pursuant to Pennsylvania law and Pennsylvania law governs the Website, your use of the Website, all Transmission of Content, and all acts or omissions by you or the Company with respect to the Website and Content, without regard to any conflicts of laws principles that may cause the laws of another jurisdiction to govern.

 

Compliance with Law

You agree to comply with all applicable laws, rules, and regulations related to your use of the Website and Transmission of Content.

 

Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding your use of the Website, Transmission of Content, and any acts or omissions by you or the Company relating to the Website.

 

Change to Terms

The Company may revise or update these Terms from time to time.  You should confirm the content of these Terms when accessing the Website and before Transmitting Content.  Your use of the Website or Transmission of Content after the Company revises or updates these Terms constitutes your acceptance of the revised or updated Terms and your agreement to comply with and be bound by all provisions of the revised or updated Terms.

 

Contact Information

If you wish to contact the Company regarding the Website, you may email the Company at info@irwincc.com.