Terms and Conditions

The user (“User”) by using this website and/or the services provided by Precise Cyber Solutions, LLC, d/b/a SurfWisely™, a Missouri limited liability company (“SurfWisely”), is agreeing to the following Terms and Conditions:

    • Subscription and Use Terms. SurfWisely authorization for Users to utilize the SurfWisely products including but not limited to its training programs on how to securely manage online information (collectively the “SurfWisely Products”) is subject to the User’s strict compliance with these Terms and Conditions . Any use of the SurfWisely Products is subject to a  limited, nonexclusive, non-transferable license to access and use the SurfWisely Products in connection with the User providing the use of the SurfWisely Products to its employees and/or students.  The SurfWisely Products are licensed and are not sold and, as between the parties hereto, SurfWisely will at all times retain exclusive ownership of all software programs, provided materials, of all other proprietary information and materials in connection with the SurfWisely Products and of all intellectual property rights related thereto, including but not limited to, trademarks, trade names, copyrights, enhancements, modifications, discoveries, designs, developments, improvements, processes, software code and programs (including any software programs), works of authorship, documentation, formulae, data, techniques, know-how, trade secrets or intellectual property rights or any interest therein and the related rights to make derivative works thereof.
    • Pricing and Audit. Please contact SurfWisely for pricing options. User acknowledges and agrees that since certain fees may be calculated based on the total number of participants using the services. SurfWisely shall have the right to monitor User’s use of the SurfWisely Products and to request that User confirm in writing, within twenty (20) business days of SurfWisely’s request, the current number of participants utilizing the SurfWisely Products.

    • Specific Prohibited Uses
      . User acknowledges and agrees that neither it nor any of its employees, students, users, or agents shall at any time: (i) use any device, software or routine to interfere or attempt to interfere with the proper working of the SurfWisely Products; (ii) reverse engineer, decompile or disassemble any SurfWisely Products or any element thereof; (iii) copy, alter, modify, adapt, translate or create derivative works from any SurfWisely Products; (iv) remove any copyright, trademark or other proprietary notices from any SurfWisely Products gram; (v) make any of the SurfWisely Products available for third-party use, including without limitation disclosing to or sharing its passwords for the SurfWisely with any third parties; and (vi) use passwords for any unauthorized purpose

    • Passwords
      . User is responsible for monitoring the use of and maintaining the confidentiality of its passwords for accessing the SurfWisely Products and agrees to immediately notify SurfWisely of any unauthorized use of such passwords.
    • Support. Phone and email-based support will be available to User from 9:00 AM until 5:00 PM (Central Time), Monday through Friday (except for SurfWisely recognized holidays); Such support may be provided directly by SurfWisely, or by an affiliate or sub-contractor. In connection with such support, User will be responsible for fielding and consolidating initial support requests, verifying the existence of any issues and answering basic how to utilize the SurfWisely Products.
    • Warranty and Disclaimer. SurfWisely warrants that the SurfWisely Products will materially operate in accordance with user guides provided by SurfWisely, provided that such SurfWisely Products are used by User in the manner intended and as authorized by this Agreement and further provided that SurfWisely makes no warranties regarding the performance or conformance to such specifications of each of the SurfWisely Products if used by User in a manner other than as intended and as authorized by this Agreement.

SURFWISELY DOES NOT WARRANT THAT THE SURFWISELY PRODUCTS WILL OPERATE UNITERRUPTED OR ERROR-FRE.  EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SERVICES AND THE SURFWISELY PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  SURFWISELY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR PARTICULAR PURPOSE. PRECISE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR SECURITY OF THE SURFWISELY PRODUCTS.

  1. Indemnification by User. User will defend, indemnify and hold harmless SurfWisely, its officers, directors, employees, students, and agents, from and against any claims, actions or demands, alleging, arising or resulting from (i) User’s use of the SurfWisely Products (including making such SurfWisely Products available to third-party applicants); (ii) allegations that the User data, or any use thereof, infringes the legal or intellectual property rights of any third party; or (iii) its breach of the terms of this Agreement.
    • No Consequential Damages; Limitation of Liability. To the extent permitted by law, SurfWisely will have no liability, and User hereby waives all claims against SurfWisely for any loss of data, revenue, opportunities or profits, or any other special, incidental, consequential or other indirect damages arising out of the SurfWisely Products or this Agreement. This limitation will apply even if User have advised SurfWisely of the possibility of such damages. User assumes total responsibility for its use of the SurfWisely Products. User agrees that if it is not satisfied with any aspect of the SurfWisely Products the only legal remedy is to stop using the SurfWisely Products. In all cases, SurfWisely’s liability for any damage or loss that User may incur as a result of or arising out of its use of the SurfWisely Products shall not exceed $1.00. These limitations will apply regardless of the theory of liability, whether the damage or loss arises out of breach of contract, tort (including negligence) or otherwise. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply.
  • No Rights to Assign the Use of or License for SurfWisely Products. The rights to use or license the SurfWisely Products cannot be assigned or otherwise transferred by User, without SurfWisely’s prior written consent, and any such purported assignment or transfer or use agreement shall be void.
  1. Tennessee Governing Law, Venue and Waiver of Jury Trial. The User’s utilization of the SurfWisely Products and the respective rights and duties of the parties hereunder are to be determined, exclusively according to the laws of the State of Tennessee.  The parties agree that any action arising out of or relating to User’s utilization of the SurfWisely Products shall be brought exclusively in the courts found in Davidson County (Nashville), Tennessee, and such courts shall have personal jurisdiction over the parties and their properties with respect to any such action.  Additionally, each party waives any right to a jury trial in any action between them.