Last Updated: April 20, 2023
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the KM Cyber Security website (the "Service") operated by KM Cyber Security, LLC. ("us", "we", or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you may not access the Service.
1. Services
KM Cyber Security offers a variety of services, including but not limited to cloud security, incident response, on-demand advisory/consulting, and penetration testing. By engaging our services, you agree to the following:
a. Scope of Services: The specific services to be provided will be mutually agreed upon and detailed in a separate written agreement, proposal, or statement of work (the "Service Agreement").
b. Fees and Payment: You agree to pay for the services as outlined in the Service Agreement. Payment terms will be specified in the Service Agreement. Late payments may result in service suspension or termination.
c. Confidentiality: Both parties agree to maintain the confidentiality of any sensitive or proprietary information shared or obtained during the course of service provision.
d. Data Protection: We are committed to ensuring the security and privacy of your data. We will comply with all applicable data protection laws and regulations and implement industry-standard security measures.
2. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of KM Cyber Security, LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of KM Cyber Security, LLC.
3. Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by KM Cyber Security, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that KM Cyber Security, LLC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
4. Limitation of Liability
In no event shall KM Cyber Security, LLC., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
5. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
6. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
7. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Indemnification
You agree to defend, indemnify, and hold harmless KM Cyber Security, LLC. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
9. Warranty Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
KM Cyber Security, LLC. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
10. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
11. Entire Agreement
These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
12. Contact Us
If you have any questions about these Terms, please contact us at:
KM Cyber Security
7901 Jones Branch Drive
McLean VA 22102
Email: info@kmcybersecurity.com
Phone: +1 571-297-9795