1. OUR SERVICES
This Terms and Conditions agreement ("Terms") governs your access to and use of the website located at https://nokronsecurity.com and any related services, content, tools, and features (collectively, the "Services") provided by Nokron Security LLC (doing business as Nokron Security) ("we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms.
We provide information security services and related resources. We reserve the right to add, modify, or discontinue any part of the Services at any time without notice. We may impose limits on certain features or restrict access to parts or all of the Services in our sole discretion.
The Services are intended for users who are at least 18 years old. If you are under 18, you are not permitted to use the Services.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
Unless otherwise indicated, the Services and all content therein, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, as well as the logos, trademarks, and service marks (collectively, the "Content" and "Marks"), are owned or licensed by us and are protected by copyright, trademark, and other intellectual property laws.
Your use of our Services
Subject to your compliance with these Terms, we grant you a limited, non-transferable, non-exclusive, revocable license to access and use the Services for your internal business or personal use. No part of the Services or Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
Your submissions
By submitting feedback, ideas, or other materials to us (collectively, "Submissions"), you acknowledge that: (i) your Submissions are non-confidential; (ii) we may use and disclose your Submissions for any lawful purpose; and (iii) you grant us a worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and create derivative works from such Submissions. For user content you post to the Services, see Section 7 (User Generated Contributions) and Section 8 (Contribution License).
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (i) all information you submit is true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such information as necessary; (iii) you have the legal capacity and agree to comply with these Terms; (iv) you are not under the age of 18; (v) you will not access the Services through automated or non-human means; (vi) you will not use the Services for any illegal or unauthorized purpose; and (vii) your use of the Services will not violate any applicable law or regulation.
4. PURCHASES AND PAYMENT
We may offer paid services or products. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Prices are subject to change at any time. All payments must be made through our supported payment method(s), which currently include PayPal. You authorize us and our payment processors to charge your selected payment method for any purchases.
All transactions are processed by third-party payment processors. We do not collect or store your full payment card details. You are responsible for all taxes associated with your purchases.
5. POLICY
No Returns/No Refunds. All sales are final. Because our offerings may include digital services, consulting time, or security-related deliverables, we do not offer returns, exchanges, or refunds once an order is placed or services have commenced, except as required by law or expressly stated in a separate written agreement signed by us.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. Prohibited activity includes, without limitation:
- Systematically retrieving data or other content to create or compile a database without written permission.
- Decompiling, reverse engineering, or attempting to derive the source code of the Services.
- Bypassing, disabling, or interfering with security-related features.
- Engaging in unauthorized framing or linking of the Services.
- Tricking, defrauding, or misleading us or other users.
- Uploading or transmitting viruses, Trojan horses, or other harmful material.
- Harassing, abusing, or harming another person; or using information obtained from the Services to harass, abuse, or harm another person.
- Using the Services to compete with us or for any commercial purpose not explicitly permitted by these Terms.
- Engaging in any automated use of the system, such as using scripts to send comments or messages.
7. USER GENERATED CONTRIBUTIONS
The Services may invite you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials ("Contributions"). Contributions may be viewable by other users of the Services. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
By posting Contributions, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to post such Contributions; (ii) your Contributions do not infringe any proprietary rights of any third party; (iii) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable; and (iv) your Contributions do not violate any applicable law, regulation, or these Terms.
8. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to host, use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such Contributions for any lawful purpose related to operating, improving, and promoting the Services. This license continues even if you stop using the Services, to the extent permitted by applicable law.
You retain ownership of your Contributions and any copyrights or other proprietary rights associated with them, subject to the rights granted to us in these Terms.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (i) monitor the Services for violations of these Terms; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms; (iii) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions; and (iv) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
10. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.
11. TERM AND TERMINATION
These Terms remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Services at any time.
Upon termination, the following provisions will survive: Intellectual Property Rights, User Generated Contributions, Contribution License, Dispute Resolution, Disclaimers, Limitations of Liability, Indemnification, and Miscellaneous.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
13. GOVERNING LAW
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles, and the laws of the United States.
14. DISPUTE RESOLUTION
Informal Negotiations
Before filing a claim, you and we agree to first attempt to negotiate any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a "Dispute") informally for at least thirty (30) days. Send your notice to contact@nokronsecurity.com with the subject line "Dispute Notice" and include your name, address, a description of the Dispute, and the relief you seek.
Binding Arbitration
If the parties do not resolve the Dispute through informal negotiations, the Dispute (except as set forth below) will be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (AAA), http://www.adr.org, under its applicable rules. The arbitration may be conducted by video, telephone, or in person in Delaware, at the party's election. The arbitrator shall have exclusive authority to resolve all Disputes, including relating to the interpretation, applicability, enforceability, or formation of these Terms.
Restrictions
To the fullest extent permitted by law: (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.
15. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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 US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR ONE HUNDRED U.S. DOLLARS (US $100), WHICHEVER IS GREATER.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) your Contributions; (ii) use of the Services; (iii) breach of these Terms; (iv) any breach of your representations and warranties set forth herein; or (v) your violation of the rights of a third party, including but not limited to intellectual property rights.
19. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
21. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. We encourage you to contact us first so we can address your concerns at contact@nokronsecurity.com or 1-425-448-7907.
22. MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them.
23. CONTACT US
If you have questions or comments about these Terms, please contact us: