Iceberg Risk Intelligence Academy – Terms Of Use

Iceberg Networks Corporation (“Iceberg”) has developed the “Iceberg Risk Intelligence Academy” (the “Academy”) which allows non-registered users to access and view certain limited content made available by the Academy, and allows registered users to access, view, download and use content and documents (the “Academy Documents”) for their personal use from the Academy. The Academy documents may be made available for access, viewing, use and/or download respectively via www.Icebergnetworks.com (the “Website”). These terms of use apply to all non-registered users who access and view certain limited content made available through the Website and to all registered users who access, view, download, or otherwise use Academy Documents made available through the Website.

By accessing Website you indicate your acceptance of these terms of use which constitutes a legal agreement solely between Iceberg and you. If you do not accept these terms of use, then do not access Website or access, view, use and/or download any Academy Documents, as applicable, from Website. These terms of use may be amended or updated by Iceberg from time to time at its sole discretion without notice and the terms of use may have changed since your last visit to the Website or last viewing, downloading, or use of Academy Documents. It is your responsibility to review these terms of use for any changes. Your use of Academy Documents or Website after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms. Any new features that may be added from time to time will be subject to these terms of use, unless stated otherwise. You should visit this page periodically to review these then-current terms of use.

  1. End User License. The Academy Documents, the Website, and the information and materials that they contain, are the sole and exclusive property of Iceberg and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, patent law, industrial design law, and other intellectual property laws, as applicable. Subject to the terms of this Agreement, Iceberg grants to You a revocable, non-transferable, non-exclusive, license to (a) access, view and use the Website content for Your personal use, and (b) for those who are registered users, access, view, download, and use one copy of the Academy Documents on a device that You own or control for Your personal use (the “License”). Academy Documents are thereby licensed to You and not sold. Title to the Academy Documents, and all documentation and material whatsoever related thereto shall at all times remain with Iceberg and its licensors, and all intellectual property rights of whatever nature with respect thereto shall be and remain the exclusive property of Iceberg and its licensors. Nothing in these Terms of Use gives You a right to use Iceberg’s names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or Academy Documents shall be subject to the terms of these Terms of Use.
  2. Iceberg rights and User Obligations. Iceberg reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, infringement, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.In accessing, viewing, downloading or using the Website and Academy Documents, as the case may be, You shall not:a) copy any content whatsoever unless expressly permitted to do so herein;b) upload, post, email, transmit or otherwise make available any Academy Documents or contents thereof or in association with any other content that
    i. You do not have a right to make available under any law or under a contractual relationship;
    ii. may infringe any patent, trademark, trade secret, copyright or other proprietary rights of Iceberg or its licensors, or any third party (including privacy rights);
    iii. contains any falsehoods or misrepresentations or creates an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

    c) impersonate any person or entity or misrepresent their affiliation with a person or entity;

    d) interfere with or disrupt the Website or Academy Documents or servers or networks connected to the Website or Academy Documents, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Academy Documents or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

    e) intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

    f) collect or store personal data about other users;

    g) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Academy Documents; or

    f) modify or make derivative works of any part of the Academy Documents, or remove any Iceberg marks including watermarks from the Academy Documents, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

 

  1. Feedback; Confidential Information; Privacy. Unless otherwise explicitly stated herein or in the Privacy Policy, any non-personal information or material, including but not limited to any suggestions, comments or other feedback, sent to Iceberg relating to any aspect of the Website or Academy Documents (“Feedback“), will be deemed NOT to be confidential. By sending Iceberg such Feedback, You grant Iceberg an unrestricted, royalty-free, fully paid-up, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute this Feedback on the Website or in the Academy Documents, and You also agree that Iceberg is free to use any ideas, concepts, know-how or techniques that You send to Iceberg for any purpose. However, Iceberg will not release Your name or otherwise publicize the fact that You submitted Feedback or other information or materials unless: (a) You grant Iceberg permission to do so; (b) Iceberg first notifies You that the Feedback or other information or materials You submit will be published or otherwise used with Your name on it; or (c) Iceberg is required to do so by law.To learn more about how Iceberg protects Your personal information, such as Your name or email or address, please refer to the Privacy Policy.
  2. Third Parties. You acknowledge and agree that the Website and Academy Documents may refer to third parties or third party documents. If You elect to have any business dealings with anyone whose products or services may be referred to on the Website or in Academy Documents, You acknowledge and agree that such dealings are solely between You and such third party and You further acknowledge and agree that Iceberg shall not have any responsibility or liability for any losses or damages whatsoever that You may incur as a result of any such dealings.   In no event shall any reference to any third party, or third party product or service be construed as an approval or endorsement by Iceberg of that third party, or third party product or service. Iceberg is also not responsible for the content of any linked Websites. Any third-party Websites or services accessed from the Website or Academy Documents are subject to the terms and conditions of those Websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or Academy Documents of a link to any other Website(s) does not imply that Iceberg endorses or accepts any responsibility for the content or use of such Websites, and You hereby release Iceberg from any and all liability and/damages whatsoever that may arise from Your use of such Websites or receipt of services from any such Websites.
  3. Disclaimer of representations, warranties and conditions. Except as expressly provided otherwise in a written agreement between you and Iceberg, the Website, Academy Documents and all materials provided by Iceberg are provided solely on an “as is” basis without any other representations, warranties or conditions. Iceberg specifically disclaims all representations, warranties and conditions, either express, implied, statutory or otherwise, including but not limited to, any warranties of merchantability or merchantable quality, satisfactory quality, or fitness for a particular purpose, or those arising by law, statute, usage of trade, or course of dealing. Any data, information or material downloaded, uploaded, or otherwise obtained through the use of the Website or Academy Documents is at your own discretion and risk and you will be solely responsible for any damage to your computer system or other property, loss of data, or any other loss that results from downloading or using the Website or Academy Documents or any such material. Iceberg cannot and does not warrant that the Website or its use will be uninterrupted, secure, error free, accurate, complete or current, nor does Iceberg make any warranty as to the results that may be obtained from the use of the Website or Academy Documents or as to the accuracy or reliability of any information obtained through the Website or Academy Documents. The Website or Academy Documents could include technical or other inaccuracies or typographical errors. Iceberg does not warrant or guarantee that the Academy Documents or Website or any data, information or material downloaded, or otherwise obtained through the use of the Website or Academy Documents is free of viruses or other destructive code that may damage or infect your computer system or other property. Iceberg does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the Website or in respect to any Website that can be reached from a link on the Website or featured in any banner or other advertising on the Website, and Iceberg shall not be a party to any transaction that you may enter into with any such third party. Iceberg will not be liable for any type of content exchanged as a result of use of the Academy Documents.
  4. Limitation of liability. To the maximum extent permitted by law, Iceberg shall not be liable for any indirect, incidental, special, consequential, exemplary or other damages of any kind, or any damages based on any theory of liability whatsoever including tort, including, without limitation, any damages that result from (i) your use of or your inability to use this Website or Academy Documents, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the Academy Documents or materials on the Website, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of Academy Documents, or any bugs, viruses, trojan horses, or any other files or data that may be harmful to your computer system or communication equipment or data that may have been transmitted to or through the Website or Academy Documents, or (v) any errors or omissions in any material on the Website or any other loss or damage of any kind arising from or relating to your use of the Website or Academy Documents. These limitations shall apply even if Iceberg has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Iceberg’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to fifty u.s. dollars ($50). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
  5. Indemnification. You shall indemnify and hold Iceberg and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connection with any use by you of Website or Academy Documents, or by the posting, transmission, or making available of Academy Documents by you and any violation by you of these terms of use.In the event of a third party claim of intellectual property infringement by the Academy Documents, Iceberg, not You, will be responsible for the investigation and defence of any such claim. You should promptly inform Iceberg of any claim that comes to Your attention.
  6. Termination. Iceberg may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or Academy Documents, or portions thereof. Cause for such termination shall include, but is not limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Iceberg (including, without limitation, non-payment of any fees owed by You to Iceberg), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Academy Documents or Website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. You acknowledge and agree that all terminations may be made by Iceberg in its sole discretion and that Iceberg shall not be liable to You or any third-party for any termination of Your access to the Academy Documents or the Website or otherwise in association with Your use of the Academy Documents. Any termination of these Terms of Use by Iceberg shall be in addition to any and all other rights and remedies that Iceberg may have.
  7. Availability & Updates. The Website and/or Academy Documents may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Iceberg may periodically add, replace or update the information and materials on the Website or Academy Documents without notice.
  8. Security. Information sent or received over the Internet is generally unsecure and Iceberg cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that You use to access the service provided through Website and You are responsible for any activities or actions under Your password. You agree to keep Your password secure. Iceberg will not be liable for any loss or damage arising from Your failure to comply with these requirements.
  9. Legal Compliance. By downloading Academy Documents, You are representing and warranting that You are not: (i) located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and (ii) listed on any US Government list of prohibited or restricted parties.
  10. General. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between You and Iceberg relating to the Website and Academy Documents and all related activities. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Iceberg to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Iceberg must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Iceberg’s prior written consent.
  11. Contact. If You have any questions about these Terms, or if You wish to make any complaint or claim, or suggestion, comment, or otherwise with respect to the Academy Documents or Website, please contact us at: info@icebergnetworks.com.

Last Updated: April 1, 2017