TERMS OF SERVICE & USE

OVERVIEW

This website is operated by Data Security Plan (DataSecurityPlan.com/TAI, Inc.). Throughout the site, the terms "DSP", “we”, “us” and “our” refer to Data Security Plan/TAI, Inc.. Data Security Plan offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

INTRODUCTION AND ACCEPTANCE OF TERMS
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Service/Use”, “Terms of Service & Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service/Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

This Terms of Service Agreement (“Agreement” or “Terms of Service”) is made by and between DSP, and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Website.

Please read these Terms of Service carefully before accessing or using our website. By accessing or attempting to interact with or use any part of this website, or other DSP software, services, websites or any of DSP licensees’ services (collectively “services”), you agree that you have read, understand and agree to be bound by this agreement. if you do not agree to be bound by this agreement, do not access or use any part of this website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

CHANGES TO TERMS OF SERVICE
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

LEGAL CAPACITY/AUTHORITY

To use this site you must be of legal age to form a binding contract with and must not be a person barred from receiving the service under the laws of the united states or other applicable jurisdiction, including the country in which you reside or from where you use the service, and you have given us your consent to allow any of your minor dependents to use this site.

DSP RESERVES the right, with or without notice to you, to make changes to this agreement periodically, in DSP’s sole discretion. Continued use of any part of this website constitutes your acceptance of such changes. the most current version of this agreement, which supersedes all previous versions, can be reviewed by clicking on the Terms of Service & Use hyperlink located at the Home menu, or at the bottom of each page.

LIMITATIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of DSP’s website(s), you warrant to DSP that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) download any content from this site (other than as provided by these terms) without the express prior written permission of an authorized representative of DSP. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with DSP to prevent or remedy any unauthorized use. In addition, you may not use DSP’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service, provided that no such change materially reduces an ongoing or continuing service that was paid-in-full by you at an earlier date. The pre-purchased service shall continue to provide the value that was originally offered, fulfilling its value obligation.

PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by DSP (the “Content”) is the proprietary information of DSP or the party that provided or licensed the Content to DSP whereby such providing party retains all right, title, and interest in the Content.

Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of DSP, except that you may print out a copy of the Content solely for your personal or business use, and you may re-post a single image and up to two hundred (200) words of text from any article if such posting provides a right of attribution to Data Security Plan, and promotes the article on other websites, including social media sites.

In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates DSP’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

From time to time, the website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of DSP’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the website.

LINKS TO THIRD-PARTY WEBSITES

This site may link to other sites which are not maintained by, or related to, DSP. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or DSP.

DSP has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and DSP makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. You expressly hold DSP harmless from any and all liability related to your use of a third-party website. DSP provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by DSP of that site or any association with its operators.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

USE OF COMMUNICATION SERVICES: CONTENT AND YOUR CONDUCT

DSP’s websites may contain comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Users agree to adhere to this Terms of Use agreement when using DSP’s Communication Services.

When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

Advocates illegal activity or discusses an intent to commit an illegal act;
Is vulgar, obscene, pornographic, or indecent;
Does not pertain directly to this site;
Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
Violates any law or may be considered to violate any law;
Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
Solicits funds, advertisers or sponsors;
Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
Includes MP3 format files;
Amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

DSP reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. DSP reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. DSP also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither DSP nor any third party that provides Content to DSP will assume or have any liability for any action or inaction by DSP or such third party with respect to any submission. DSP cautions you against giving out any Personally Identifiable Information about yourself in any Communication Service, as data may be sent in unencrypted form.

DSP may not have control or endorse the content, messages or information found in any Communication Service and, consequently, DSP specifically disclaims any liability with respect to the Communication Services (for which there is no control), and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DSP spokespersons, and their views do not necessarily reflect those of DSP.

SUBMISSIONS

Unless you and DSP enter into a separate written contract for use of your Content that states otherwise, you hereby grant to DSP the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all BLOG content, remarks, suggestions, ideas, graphics, or other information communicated to DSP through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.

DSP will not be required to treat any BLOG Submission as confidential, and may use any BLOG Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future DSP operations.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

DSP will treat any personal information that you submit through this site and sensitive business data shared in the development of purchased products, in accordance with its Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS
DSP has made reasonable effort to ensure that all information on the website has been tested for accuracy. DSP makes no guarantees regarding the results that you will see from using the information provided on the website. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

You understand and agree that you are fully responsible for your use of the information provided on the website. DSP makes no representations, warranties, or guarantees. You understand that results may vary from person to person. DSP assumes no responsibility for errors or omissions that may appear on the website. You understand that DSP cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.

The website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. DSP does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by DSP.

Your use of this site is at your own risk. the content is provided as is and without warranties of any kind, either expressed or implied. DSP disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. DSP does not warrant that the functions or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.

DSP does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. the content may include technical inaccuracies or typographical errors, and DSP may make changes or improvements at any time. You, and not DSP, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this site or its content. DSP makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and DSP does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

LIMITATION ON LIABILITY

You expressly understand and agree that DSP its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including, but not limited to, damages for loss of revenue, income or profits, loss of business opportunities, goodwill, use, data (including business contacts), cost of procurement of substitute goods or services, or pain and suffering, emotional distress, or other intangible losses (even if DSP has been advised of the possibility of such damages. in no event will DSP total cumulative liability to you or any other party for claims, losses, or damages of any kind, whether based on contract, tort, negligence, indemnity or otherwise, arising out of or related in any way to this agreement or the services, exceed the actual fees customer paid to DSP for any services up to the lesser of the aggregate amount of fees paid to DSP.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. DSP reserves the right, in its sole discretion, to terminate your access to any or all of DSP’s websites and the related services or any portion thereof at any time, without notice. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

INDEMNITY

You agree to indemnify and hold DSP, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. This obligation shall survive the termination or expiration of these Terms and/or your use of any Service.

TRADEMARKS AND COPYRIGHTS

The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation DATA SECURITY PLAN © and/or its distinctive logo. All other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, slogans, and scripts are copyrighted works of DSP, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DSP. From time to time, the website will legally utilize intellectual property owned by third parties related to our services. The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners.

Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of DSP. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability. All contents of DSP’s websites are: Copyright © DATA SECURITY PLAN. All rights reserved.

COPYRIGHT INFRINGEMENT

Notice and Takedown Procedure

DSP expeditiously responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide DSP’s Designated Agent (listed below) with a notice that contains all six points enumerated below (preferably via email).

Upon receipt of a valid notice, DSP will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Be aware that a notice must contain all six points for DSP to take action. All other notices will be ignored.

Designated Agent:

DSP’s Designated Agent can be contacted at:

DMCA Designated Agent
www.DataSecurityPlan.com
e-mail: dmca@datasecurityplan.com

Counter-Notification Procedure

The provider of the allegedly infringing content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter-notification with DSP please provide DSP’s Designated Agent (listed above) with the following information (preferably via email):

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
Your name, address, and telephone number;
The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
Your signature, in physical or electronic form.

Upon receipt of a counter-notification containing all six points, DSP will promptly provide the person who provided the original takedown notification with a copy of the counter-notification, and inform that person that DSP will replace the removed material or cease disabling access to it in 10 business days.

Finally, if DSP’s Designated Agent receives notification from the person who submitted the original takedown notification within 14 days of receipt of the counter-notification that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on its system, then DSP will once again remove the file from its system.

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, DSP will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). DSP will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that DSP considers insecure, DSP will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, DSP reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. DSP reserves the right to investigate suspected violations of these Terms of Service.

DSP reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction DSP to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement, you waive and hold harmless DSP from any claims resulting from any action taken by DSP during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either DSP or law enforcement authorities.

GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Virginia. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

ARBITRATION

Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in Fairfax County, Virginia, U.S.A. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties.

VENUE

These Terms of Service will be governed and interpreted pursuant to the laws of Virginia, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Virginia in connection with any dispute between you and DSP arising out of these Terms of Service or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service will be in Fairfax County, Virginia.

GENERAL CONDITIONS

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DSP as a result of this agreement or use of DSP’s websites.

These Terms of Service constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and DSP with respect to DSP’s websites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Terms of Service may not be assigned by you without our prior written consent; however, the Terms of Service may be assigned by us in our sole discretion.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Termsofservice@datasecurityplan.com.

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