Terms of Use

SUPERIOR CONSULTING, LLC has adopted the following Terms and Conditions of Use for the SCLLC web sites, or any mobile version thereof, to ensure that You know what to expect from Your visit to the Sites.

Please read these Terms of Use carefully as they represent a legally binding contract between you and SUPERIOR CONSULTING, LLC. By creating an account, purchasing services, or accessing or using any of the Sites, You indicate that You have read, understood and agreed that You are bound by these terms.

1. Definitions. The following terms have the following meaning in the Terms of Use below.

(a) “We”, “Us”, “Our”, or “SCLLC” mean SUPERIOR CONSULTING, LLC, $995PenTest.com, and all other subsidiaries, parent entities, divisions, departments, and affiliates of SUPERIOR CONSULTING, LLC.

(b) “Site” or “Sites” means the SCLLC web sites or web sites used for SCLLC matters and includes, without limitation, www.superiorconsultingllc.com, www.995pentest.com; and any other related web sites used by SCLLC now or in the future.

(c) “You” or “Your” means You, Your registered business, and any of Your employees, officers, or agents who may use the Site.

(d) “TOU” means these Terms of Use.

(e) “Content” or “Contents” means all text, graphics, videos, sounds, music, trade dress, trademarks, text, works of authorship, services, newsletters, articles, papers, features, functions, the selection and arrangement of the foregoing, and all other materials and information of any kind or nature contained on or made available on these Sites by SCLLC or its vendors or licensors.

(f) “Data” means information of any kind that You upload, input, or submit to or through the Site.

2. License. Subject to Your compliance with all of the terms of this TOU and any additional account requirements applicable to certain of Our Sites (see TERMS OF USE APPLICABLE TO USERS WITH ACCOUNTS, below), We grant You a personal, non-transferable, non-exclusive, terminable at will, license to use Our Sites and to download any materials available for downloading at this Site solely for Your use.

3. No Advice. The information provided on the Sites, including without limitation all newsletters, papers, articles, and other information downloaded or accessed by You, is for general guidance and to offer the You general information on particular subjects of interest. It is not intended to constitute legal, accounting, tax, marketing, or other professional advice or services.

4. Security of Computer and IT Systems. You agree to be responsible and liable for the security of Your computers, IT system, and Data and for taking measures to protect against viruses or other harmful software your computer may come in contact with, regardless of the source of such viruses or harmful software. SCLLC strongly recommends that you adopt and practice safe computing policies and practices, including without limitation applying appropriate security patches and updates and installing and running adequate anti-malware software. If You connect to the internet through a wireless modem, router or other device You should take every precaution to ensure the secure transmission of data. This includes implementation and adherence to security measures recommended by the manufacturer of the wireless device used and/or security experts.

5. User data. You are solely responsible for all Data and other information, confidential or otherwise, that You upload to or through any Site. You are solely responsible for creating personal backup copies of all Data you post or store on any Site or provide to SCLLC. When You post Data to a Site, You authorize and direct SCLLC to make such copies thereof as deemed necessary or desirable by SCLLC in order to facilitate the use and storage of the Data on the Site and to facilitate SCLLC’s performance of accounting, tax, audit, and other services. By accessing and posting Data to a Site, You represent that you have the authority and ability to access the Data and Site and post the Data on the Site. SCLLC does not assert any ownership of Your Data. You agree that SCLLC may retain Data in accordance with its own data retention policies and that SCLLC may delete Data from the Site at any time and for any reason. You further agree that SCLLC is not responsible for any of the content of Your Data or any Data or information that You submit to or post on or through a Site. You agree that SCLLC is not responsible in any manner for any Data or content not created by SCLLC.

6. Third Party Collaboration or Sharing. Your decision to share information or collaborate with third party users is Your sole decision. All users must apply sound business and legal judgment when posting and collaborating with others through a Site.

7. Other Online Services. SCLLC may from time to time offer a variety of other online services and products through one or more of its Sites; however, such services will be subject to their own terms and condition. This TOU is intended to govern use of the Sites and not other services that may be provided or made available by or through SCLLC.

8. Prohibited Actions. You may not do any of the following on, through or in any way in connection with any Site:

(a) Upload, post, transmit or submit any information or material that (i) contains software viruses, worms, code, files, or programs designed to interrupt, deny service, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ii) is defamatory, libelous, obscene, indecent, pornographic, abusive, threatening to others, intimidating, hateful, racially or ethnically objectionable or constitutes stalking; (iii) infringes the patent, copyright, trademark, trade secret, right of publicity, right to privacy, or other intellectual property right of any third party; (iv) violates any state, federal, or international law; (v) constitutes bulk or unsolicited commercial email – i.e. spam; (vi) constitutes phishing; or (vii) constitutes a BOT or spider.

(b) Harm minors in any way.

(c) Interfere with or disrupt this Site or the services provided by this Site.

(d) Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity.

(e) Violate or infringe any of Our trademark, copyright, proprietary, or intellectual property rights.

(f) Violate or breach any provision of the TOU.

(g) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or software used in connection with this Site or obtain unauthorized access to this Site.

(h) Use any Content or other information to, in whole or in part, create a likelihood of confusion, to misrepresent any fact, or to deceive others in any form or by any means.

(i) Copy, modify, reuse, rent, lease, distribute, republish, retransmit, sell, lend, assign or transfer any Content of this Site.

(j) Access any Site by any means other than through the interface provided by Us.

(k) Remove any copyright notice, trademark notice or other proprietary notice from any Content you download or otherwise receive from or through any Site.

(l) Misappropriate the funds, property or data of any person.

(m) Hack or crack in an attempt to gain unauthorized access to the Site or any Data, content, or other information on or accessible through any Site.

(n) Grant access to any third-party to access or use any Site on your behalf, even as an agent, without the written consent of SCLLC.

9. Investigation and Enforcement. SCLLC, in its sole discretion, may enforce compliance with the TOU by investigation and prosecution. If SCLLC believes You are or may be violating the TOU or committed prohibited actions, SCLLC may without notice and at its sole discretion take such action as it deems appropriate to restrict, suspend or terminate Your account. SCLLC may involve and cooperate with law enforcement if criminal or other illegal activity is suspected.

10. Disclaimers and Limitations. You agree to the following limitations and disclaimers.

(a) Service Availability. SCLLC MAKES NO REPRESENTATION OR WARRANTY THAT ANY SITE WILL BE AVAILABLE AT ALL TIMES. SCLLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY OF ANY SITE AND SHALL NEVER BE LIABLE FOR ANY CLAIMED ACTUAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY LACK OF AVAILABILITY OF ANY SITE.

(b) Creation of and Receipt of Data. SCLLC CANNOT GUARANTEE, NOR SHALL SCLLC ASSUME ANY RESPONSIBILITY OR LIABILITY FOR, THE CREATION OR RECEIPT OF YOUR DATA, NOR IS SCLLC RESPONSIBLE FOR THE CONTENT OF ANY OF YOUR DATA.

(c) Site, Content, Results. THE SCLLC SITES AND SITE CONTENT ARE PROVIDED "AS-IS". SCLLC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SITES OR THE CONTENT OF THE SITES. SCLLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITES. SCLLC DOES NOT REPRESENT OR WARRANT THAT THE SITES OR SCLLC’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCLLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EFFICACY OF THE SECURITY OF THE SITES.

(d) Limitation of Liability. IN NO EVENT WILL SCLLC OR ITS MEMBERS, MANAGERS, PARTNERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITES OR MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITES, EVEN IF SCLLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SCLLC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SCLLC FOR USE OF ANY OF THE SITES, BUT IN NO CASE WILL SCLLC'S LIABILITY TO YOU EXCEED ONE THOUSAND DOLLARS.

11. Intellectual Property. All Content on the Sites is owned or licensed by Us and is subject to copyright, trademark and other federal and state laws relating to intellectual property. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold without Our prior written consent or the consent of Our licensors and licensees. Any unauthorized use of Content or violation of this provision is a material breach of this TOU and may be a violation of applicable law. Nothing in this TOU constitutes or may be construed as transferring or licensing any intellectual property rights to You, whether by estoppel, implication or otherwise. We will aggressively enforce Our intellectual property rights to the fullest extent of the law.

12. Indemnity for Breach/Causation of Claims. If You breach the terms of this TOU or in any way cause any claims to made against Us, Our employees, officers or directors, You will be liable to Us for all damages, costs, judgments and expenses (including reasonable attorneys’ fees) that We or Our employees, officers or directors incur. You agree to defend, indemnify, and hold SCLLC harmless from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorney’s fees) that arise from (a) Your use of the Sites, (b) any actual or threatened breach by You of any provision of this TOU, (c) any violation of applicable law by You, or (d) information or content You submit, post, transmit or make available through the Sites.

13. Changes. SCLLC reserves the right to update the TOU at any time without notice to you. Such modifications shall become effective immediately upon the posting thereof. You must review this TOU on a regular basis to keep yourself apprised of any changes. The most current version of this TOU can be found on the Sites.

14. General Terms. The following additional terms apply to this TOU

(a) Entire Agreement. Unless additional terms and conditions are required in an agreement relating to an account with SCLLC, the TOU and the privacy policy on these Sites constitute the entire agreement between You and Us and governs Your use of the Site, superseding any prior agreements between You and Us. You also may be subject to additional terms and conditions that may apply when You open an account with SCLLC.

(b) Choice of Law and Forum. This TOU, the privacy policy on the Sites, and the relationship between You and SCLLC shall be governed by the laws of the state of Missouri without regard to its conflict of law provisions. You and SCLLC agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in Springfield, Missouri. You hereby irrevocably waive your right to a jury trial or to claim that the state of Missouri is an inconvenient forum to hear claims and disputes.

(c) Waiver and Severability of Terms. The failure of SCLLC to exercise or enforce any right or provision of the TOU or the privacy policy on these Sites shall not constitute a waiver of such right or provision. If any provision of the TOU or privacy policy is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the TOU or privacy policy so that other provisions of the TOU remain in full force and effect.

(d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the TOU , privacy policy, or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(e) Notices. SCLLC may give notice to You through general posting on the Site, via postal notification, or via e-mail notification. You may give notice to SCLLC via e-mail at sales@superiorconsultingllc.com or online via Our Contact Us form.

(f) Delay and Course of Dealing. No delay in exercising, no course of dealing with respect to, and no partial exercise of any right or remedy under this TOU or the privacy policy on the Sites constitutes a waiver of any other right or remedy or future exercise thereof.

(g) Construction. The section titles in the TOU and the privacy policy are for convenience only and shall not affect its interpretation. The terms of this Agreement are to be construed as singular, plural, masculine, feminine or neuter as context requires.

ADDITIONAL TERMS OF USE APPLICABLE TO USERS WITH ACCOUNTS

15. Account. In order to use certain SCLLC Sites, You may need an account. If You are required to have an account You must complete a registration and provide SCLLC with such information as SCLLC may request. All such information must be current, complete and accurate. If You submit false, fraudulent, or misleading information, SCLLC will have the right to immediately terminate Your account and access to any Site for which an account is necessary.

16. Access and Login. Some SCLLC Sites require passwords for access. If passwords are required, SCLLC will provide Your authorized representatives passwords for access to the Site by Your designated users. You agree to notify SCLLC immediately if access to any of Your designated users is to be revoked. SCLLC will endeavor to promptly terminate the access of such users; however, You cannot be assured that such access has been terminated until you receive written confirmation of termination from SCLLC. All password access to the Site will be terminated when the client relationship between You and SCLLC is terminated. It is agreed that You may not under any circumstances grant any unauthorized third party or person access to the Site for any reason whatsoever without the written consent of SCLLC.

17. Passwords. If a password is required for access to a SCLLC Site, You may choose a password, but each of Your user names must be based on a valid email address You provide to Us. You are solely responsible for maintaining the confidentiality of the passwords issued to Your users.

18. Your Use of Site. You agree to be responsible and liable for any and all activities that occur on, in, or through Your account and access to Your account. You agree to immediately notify SCLLC of any unauthorized use of Your account. SCLLC will not be liable for any loss that You may incur as a result of unauthorized use of passwords issued to You and Your users, and You agree to defend, indemnify, and hold SCLLC harmless from any loss or damage of any kind resulting from any such unauthorized access to the Site.

European Union (EU) Citizens & Residents

19. EU Citizens and Residents. For additional information that only applies to EU citizens and residents, please see the EU Data Protection Statement in our Privacy Policy