Terms and Conditions

CyberPro™ Order

This CyberPro Order “Order”, adopts and incorporates by reference the following CyberPro Terms and Conditions “Terms”, between you and CyberPro Consulting LLC., a Pennsylvania corporation (“CyberPro”, “us”, “we”, or “our” as the context may require). This Order is effective upon submission and will remain in effect for one year. Capitalized terms used but not defined in this Order shall have the meanings set out in the Terms.
Services. The complimentary cyber assessment and consultation services described in Sections 2.(a) and 2.(b) are together referred to as the “Services.”
1. Complimentary Assessment. We offer a complimentary cyber assessment (“Cyber Assessment”) solely for business (not personal, family or household) use by entities located within the continental United States and District of Columbia subject to the following rights and obligations.
2. Consultation Services. In exchange for the Service Fees described in Section 3 below, we will provide the following “Consultation Services” to eligible businesses:
  1. A one-hour consultation to recommend steps you may take to address cyber-security considerations including data backup or multifactor authentication.
  2. Up to two hours of telephone consultation on cyber-security considerations.
Service Fees.
1. Service Fees and Expenses. In consideration of the provision of the Consultation Services by CyberPro and the rights granted to you under this Agreement, you shall pay One Thousand Dollars ($1,000.00)(“Service Fees”).
2. Taxes. You shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by you hereunder; any such taxes, duties and charges currently assessed or which may be assessed in the future, that are applicable to the services provided under this Order are for your account, and you hereby agree to pay such taxes provided, that, in no event shall you pay or be responsible for any taxes imposed on, or with respect to, CyberPro’s income, revenues, gross receipts, personnel or real or personal property or other assets.

CYBERPRO TERMS AND CONDITIONS

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY PLACING AN ORDER FOR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH CYBERPRO CONSULTING, LLC., OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.

These Terms apply to the offer, order, provision, use, purchase and sale of Services, including Consultation Services described in the CyberPro Order through CyberPro Payment Center and a Cyber Assessment through (collectively and individually the “Site”). These Terms are subject to change by CyberPro without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for Services through this Site (see Section 7).

Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Services listed in your order. All orders must be accepted by us, or we will not be obligated to sell or otherwise offer the Services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices and Payment Terms.
1. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email if applicable. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes. All such taxes will be added to your total price and will be itemized in your electronic invoice and in your order confirmation email if applicable. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
2. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept approved credit cards and ACH/Direct Withdrawal for all purchases. You represent and warrant that (i) the credit card or bank account information you supply to us is true, correct and complete, and Is being used for business (not personal, family, or household) purposes, (ii) you are duly authorized to use such credit card or bank account for the purchase, (iii) charges or fees incurred by you will be honored by your credit card company or bank institution, (iv) you will defend and indemnify us against any and all losses resulting from any misrepresentation or breach of warranty by you, and (v) you will pay charges or fees incurred by you at the posted prices, including shipping and handling charges or fees and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
No Refunds. ALL SALES ARE FINAL AND NONREFUNDABLE.
Warranty and Disclaimers.
1. ALL SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED.
2. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
3. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS.
Limitation of Liability.
1. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
2. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE ORDERED THROUGH OUR SITE OR ONE HUNDRED DOLLARS ($100.00).
3. The limitation of liability set forth in Section 5(b) shall not apply to (i) liability resulting from our willful misconduct and (ii) death or bodily injury resulting from our acts or omissions.
License. Subject to the other provisions of this Section 6, CyberPro hereby grants you a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable license, with the right to sublicense through multiple tiers, to use, modify, enhance, copy, perform, display, create derivative works from and otherwise use work product delivered to you through the Services.
Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your order, use or purchase of Services through the Site.
Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages; (i) pandemics or epidemics and (j) other similar events beyond the reasonable control of the Impacted Party.
Governing Law and Jurisdiction. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.
Waiver of Jury Trials and Binding Arbitration.
1. YOU AND CYBERPRO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
  
  ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR ORDER, USE OR PURCHASE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
2. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”).
  
  The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
  
  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Assignment. You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
No Waivers. The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of CyberPro.
No Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than you.
Independent Contractor. Each party is an independent contractor. This Agreement establishes and will only be construed as establishing an agreement between unrelated business entities for the provision and purchase of certain services and does not and will not be deemed to create a joint venture, partnership, fiduciary or agency relationship between you and us for any purpose.
Notices.
1. To You. We may provide any notice to you under this Agreement by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
2. To Us. To give us notice under this Agreement, you must contact us as follows: (i) by email at [email protected]; or (ii) by personal delivery, overnight courier or registered or certified mail to CyberPro, 440 West 8^th Street Erie, PA 16502, attention: CyberPro. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability. If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.
Entire Agreement. Our CyberPro Order, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in this Agreement.
Modification and waiver. This Agreement may be modified or amended only by a writing duly executed by CyberPro. Any term or condition of this Agreement may be waived at any time by the party that is entitled to the benefit thereof. A waiver must be in writing and must be executed by such party. A waiver on any occasion shall not be deemed to be a waiver of the same or any term or condition on a future occasion.