1. Legal Information

CIPHER SECURITY LLC (hereinafter, CIPHER) a Delaware corporation, with a business office located at 703 Waterford Way Suite 490, Miami, Florida 33126 - USA. CIPHER includes its subsidiaries and/or affiliates that provide services throughout the United States. You can contact CIPHER through the email contact@cipher.com.

2. Acceptance of CIPHER Terms of Use

These Terms of Use regulate access to the website https://www.cipher.com owned by CIPHER (hereinafter, the "Website"). Please read these Terms of Use carefully before you begin using the Website.

By accessing or otherwise using the functions of the Website on any device, you agree to accept and be bound by these Terms of Use and the CIPHER Privacy Policy. These Terms of Use are entered into by and between users of the Website (“You” “Your” “Yourself” or “User” or “Users”) and CIPHER, and govern Your use of this Website or any mobile application operated by CIPHER. 

These Terms of Use, together with the CIPHER Privacy Policy and any other terms and conditions provided when a purchase is made or service used or order confirmation provided govern Your access to and use of the Website including any content, functionality, goods and services offered on or through the Website, whether as a guest or registered user. If any of the provisions of these Website Terms of Use conflict with any terms and conditions applicable specifically to an individual product or service purchased, the specific provisions of those terms and conditions applicable to the specific product or service will apply. If you do not want to accept these Terms of Use or the CIPHER Privacy Policy, do not access or use this Website.

3. Eligibility of Use

The Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions.

By using the Website You represent and warrant that You are of legal age to form a binding contract with CIPHER and meet all the foregoing eligibility requirements. If You do not meet all these requirements, do not access or use the Website.

The Website is not intended for anyone under 18 years of age. You must be 18 years of age or older to use the Website. If You are under 18, please do not use or provide any information on the Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about Yourself to Us, including Your name, address, telephone number, email address, or any screen name or user name You may use. By using the Website and accepting these Terms of Use you represent that you have the right, authority, and capacity to agree to these Terms of Use.

4. Changes to the Terms of Use

CIPHER may revise and update these Terms of Use at any time at Our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

5. Termination of Access

CIPHER reserves the right, in its sole discretion to terminate Your access to the services or any portion of the Website in the event of any breach of these Terms of Use or at any time, and for any reason, or no reason at all, without any prior notice or any notice whatsoever.

6. Accessing the Website and Account Security

CIPHER reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. CIPHER will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, CIPHER may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.

Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the functions it offers, You may be asked to provide certain registration or login details or other information. As a condition of Your use of the Website You agree that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register/login with this Website or otherwise, including but not limited to, through the use of any interactive features on the Website, or in making any purchase, is governed by the CIPHER Privacy Policy and You consent to all actions CIPHER takes with respect to Your information consistent with the CIPHER Privacy Policy.

If You choose, or are provided with, a username, password, or any other piece of information as part of CIPHER security procedures, You agree to treat such information as confidential, and You agree not to disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You logout from Your account and exit from Your browser at the end of each session. You should exercise caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

CIPHER has the right to disable any username, password, or other identifier, whether chosen by You or provided by us, at any time in CIPHER’s sole discretion for any reason, including if, in CIPHER opinion, You have violated any provision of these Terms of Use.

7. Contents and Intellectual and Industrial Property

The Website and its entire contents, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CIPHER or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These names and logos, and all related names, logos, product and service names, designs and slogans are trademarks of CIPHER or its affiliates or licensors. You must not use such marks without the prior written permission of CIPHER. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

You may not use these marks without the prior written consent of CIPHER. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of CIPHER or the appropriate owner thereof. The compilation of all content on this site is the exclusive property of this CIPHER and is protected by U.S. and international copyright laws. CIPHER does not assign, nor grant any license or authorization to the Users on the intellectual and industrial property rights corresponding to said elements.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. CIPHER possesses the exclusive exercise of the rights of exploitation of the mentioned intellectual and industrial property, in any form and, especially, the rights of reproduction, distribution, public communication and transformation. By way of example, and not limitation, you MUST NOT: 

• Reproduce, copy, distribute, make available, publicly communicate, transform or modify the contents except in cases authorized by law or expressly consented to by CIPHER.
• Extract and / or reuse all or a substantial part of the contents of the Website that CIPHER makes available to Users.
• Duplicate, copy, sell, resell or exploit CIPHER’s services for commercial purposes, without CIPHER’s prior consent.
• Use any trademark, logo or other information protected by copyright of CIPHER without the corresponding prior authorization.
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If You otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use Your right to use the Website will stop immediately and You must, at CIPHER’s option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by CIPHER. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate other laws.

8. Acceptable and Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without CIPHER prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate us, a CIPHER employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without CIPHER prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

9. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. CIPHER does not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. CIPHER disclaims all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The User knows and accepts that any data related to CIPHER or the companies of the Business Group for the purposes of Article 42 of the Royal Decree of August 22, 1885, whereby the Commercial Code is published, of an economic - financial nature - Strategic (hereinafter, "Corporate Information") is carried out for informational purposes only.

The Corporate Information has been obtained from reliable sources, but, despite having taken reasonable measures to ensure that such Information is not erroneous or misleading, CIPHER states that it does not guarantee that it is accurate, complete or up-to-date.

The Corporate Information contained in the Website does not imply any type of investment recommendation, financial or other advice, and nothing included in it should be taken as the basis for making investments or making decisions of any kind.

10. Changes to the Website

CIPHER may update the content on this Website from time to time, at its sole discretion, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and CIPHER is under no obligation to update such material.

11. Information About You and Your Visits to the Website

All information CIPHER collects on this Website is subject to the CIPHER Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12. Geographic Restrictions on Use

The owner of the Website is based in the United States. CIPHER provides this Website for use only by persons in the United States. All information is processed in the United States. CIPHER makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. CIPHER does not represent that the content, goods, or services are appropriate for use in other locations. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Access to the Website from jurisdictions where the contents of the Services are illegal or penalized is prohibited. No information from the Website may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using information from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Disclaimer of Warranties

You understand that CIPHER cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the CIPHER Website for any reconstruction of any lost data.

Cipher will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content and any services or items obtained through the website is at your own risk. This website is provided on an "as is" and "as available" basis. No representations or warranties of any kind are made, express or implied, by cipher or any person associated with cipher with respect to the operation of the website or the completeness, security, reliability, quality, accuracy, or availability of the website or the information, content, materials, services or products purchased through or included on this website. Neither cipher nor anyone associated with cipher represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the website, email sent from this website or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

You expressly agree that your use of this website, its content, and any services or products obtained through the website is at your own risk. To the fullest extent provided by law, cipher will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

To the fullest extent permissible by law, cipher disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to, any warranties of merchantability, non-infringement and fitness for a particular purpose.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

To the fullest extent provided by law, in no event will cipher, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any website linked to it, any content on the website or such other website, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

14. Indemnification

You agree to defend, indemnify, and hold harmless CIPHER, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' and accounting fees) arising out of or relating to or alleged to have resulted from Your violation of these Terms of Use or Your use of the Website, including, but not limited to, Your User Submissions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Website. You shall cooperate with CIPHER in the defense of any such claim. CIPHER reserves the right, at CIPHER’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

15. Waiver and Severability

No waiver by the CIPHER of any term or provision in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or provision and any failure of the CIPHER to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or otherwise unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Those provisions of these Terms of Use that would naturally survive the termination or expiration of this agreement shall survive such termination or expiration and shall continue in full force and effect, including, without limitation, the following; Acceptable Use and Prohibited Uses, Contents and Intellectual Property and Industrial Property, Disclaimer of Warranty and Limitation of Liability, Indemnification, Class Action Waiver, Governing Law and Jurisdiction, Arbitration, Waiver and Severability, and Entire Agreement.

16. Class Action Waiver

You and cipher agree that any claim brought against the other will only be brought in an individual capacity. Neither you or cipher are entitled to bring a claim as a class, consolidated, representative, or private attorney-general action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

17. Copyright Infringement-Notices and Take Down Procedures

The U.S. Digital Millennium Copyright Act (“DCMA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe any content from the Website infringes upon any copyright You own or control You may request removal of such content by sending Us a notice (and any counter-notices) of copyright infringement to:

PROSEGUR USA

Legal Department

512 Herndon Parkway, Suite A

Herndon, VA 20170

Licensing.US@Prosegur.com

In Your request you must provide the following information:

• Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work(s);
• Identification of the content that you believe to be infringing, and its location. Please describe the content and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content.
• Your name, address, telephone number, and email address;
• A statement that you have a good faith belief that the complained of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in this notification is accurate and, "under penalty of perjury," you are the copyright owner or authorized representative; and
• A signature or the electronic equivalent from the copyright holder or authorized representative.

18. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

19. Entire Agreement

These Terms of Use, the Privacy Policy, and, where applicable other terms and conditions of other products and services, constitute the sole and entire agreement between You and CIPHER regarding the use of the Website and the purchase of any services or products on the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

20. Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of FLORIDA without giving effect to any choice or conflict of law provision or rule (whether of the State of FLORIDA or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of FLORIDA although CIPHER retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant location. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At CIPHER’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying FLORIDA law.