General Terms and Conditions
You are advised to read these General Terms and Conditions carefully as they, in conjunction with Client Terms and Conditions or the Hunter Terms and Conditions, govern Client’s or Hunter’s use of the Services.
PROHIBITIONS IN GENERAL
Client or Hunter is not allowed to use the Services, or any aforementioned parts, for any third party’s benefit or in any way not permitted by the Terms.
Modifications may at any time be made by SecureBug, and in such case, Clients and/or Hunters will be notified in advance. If such changes are not objected in writing by the Client or Hunter while continuing to use the Services, it is considered that the Client and Hunter have agreed to be bound by the modified Terms.
Both SecureBug and Client understand that they may receive Confidential Information of one another. Hunter also understands that they may receive Confidential Information of both Client and SecureBug. The receiving side is bound not to disclose any confidential information to any third party for any purpose not included in the Terms. Clients and Hunters acknowledge and agree that SecureBug Aggregate Data is not Confidential Information and consent to the collection and use of SecureBug Aggregate Data.
DATA & INFORMATION SECURITY POLICY
SecureBug’s Platform security pertaining to its Services is described in the Data & Information Security Policy section.
VULNERABILITY DISCLOSURE GUIDELINES
SecureBug’s Vulnerability Disclosure Guidelines, describing the default policy that determines Hunter’s Submissions through the Services, will be applicable to the Services. In case of any disparities or inconsistencies, individual Program Policies will replace SecureBug’s Vulnerability Disclosure Guidelines.
OBSERVANCE OF LAWS/COPYRIGHT POLICY
Each party is bound to conform to all Applicable Law regarding the performance of its obligations and the exercise of its rights in the Services. Without imposing restrictions on the aforementioned, SecureBug respects copyright law in every aspect of its business and expects its Clients and Hunters to do the same. SecureBug has the right to terminate Clients and Hunters in the event they infringe the rights of copyright holders. For more information, please refer to Copyright and IP policy.
REFRENCES TO THIRD PARTY WEBSITES OR RESOURCES
SecureBug may include in its Services links to third party websites or resources solely for the purpose of convenience and is not liable for the content, products, services or links available on such websites. Each Client and Hunter is deemed liable for using such third party websites and resources and the risks involved for such use.
PARTIES THAT AGREE TO THE TERMS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES RESULTING FROM OR IN CONNECTION WITH THE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE AFOREMENTIONED LIMITATION MAY NOT APPLY.
TO THE HIGHEST DEGREE PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CLIENTS’S OR SECUREBUG’S TOTAL LIABILITY TO THE OTHER ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS PAID OR PAYABLE BY CLIENT TO SECUREBUG FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE WHEN THE CLAIM OR LIABILITY FIRST AROSE.
TO THE HIGHEST DEGREE PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SECUREBUG’S TOTAL LIABILITY TO HUNTER RESULTING FROM OR IN CONNECTION WITH THE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED $1,000.
GOVERNING LAW AND JURISDICTION; CLASS ACTION WAIVER
Herein, the laws and regulations of the State of California, regardless of its conflict of laws provisions, will govern the Terms and any actions related to it. Any disputes regarding or arising from the Terms shall be brought solely within the Superior Court for the County of San Francisco or the United States District Court for the Northern District of California. Client or Hunter hereby submits to the personal jurisdiction of such courts and waives any and all objections to the exercise of jurisdiction, venue, or inconvenient forum in such courts.
CLASS ACTION WAIVER: BOTH CLIENT AND HUNTER WAIVE ANY RIGHT TO LAY ANY CLAIMS AGAINST SECUREBUG AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCLUDING WHEN SUCH WAIVER IS PROHIBITED BY LAW OR CONSIDERED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
Please bear in mind that any Client’s and/or hunter’s name and/or logo may be publicized by SecureBug for advertising purposes describing the relationship between parties.
The total and exclusive agreement between SecureBug and Client or Hunter is comprised of the Terms and any applicable executed Order Form referring to the Terms, which supersede and replace any and all previous oral or written agreements between SecureBug and Client or Hunter pertaining to the Services. In the event any provision of the Terms is rendered prohibited, invalid, or otherwise unenforceable by legal authority of competent jurisdiction, the other provisions of the Terms shall remain enforceable, and the invalid or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The Terms are assignable by SecureBug and will bind and inure to the benefit of the parties, their successors, and assigns. Client or Hunter is not allowed to assign the Terms without SecureBug’s prior written approval.
SecureBug may communicate or provide any notices under the Terms, including any possible modifications to the Terms, via email or through posts on SecureBug website.
In the event any party fails to enforce any right or provision of the Terms, this will not be deemed as a waiver of such right or provision. Such waiver will only be accepted if it is written and signed by a duly authorized representative of the party issuing such waiver.