These terms and conditions are incorporated into, and a part of, the Cogent Logik, LLC Limited Liability Agreement (AGREEMENT) entered into by you (CUSTOMER), an authorized representative of your organization, for CUSTOMER and CUSTOMER’s organization (SITE) and by Cogent Logik, LLC, iscurityconsultants.com, isecuritypolicy.com, hackerview.com, its subsidiaries and affiliates (COGENT LOGIK) that provide information security consultation services (SERVICES) and the Information Security Policy ISPM (ISPM). COGENT LOGIK and CUSTOMER are the Parties (PARTIES) to the AGREEMENT, and are subject to these terms and conditions.
 
1. Acceptance of this Agreement
By purchasing or otherwise utilizing SERVICES, CUSTOMER acknowledge that CUSTOMER has read and understands this AGREEMENT and CUSTOMER accepts the AGREEMENT, together with all of the policies attached hereto, and agrees to abide by its terms and conditions as they may be amended by COGENT LOGIK from time to time, in its sole discretion. If CUSTOMER does not accept the AGREEMENT, CUSTOMER should not utilize SERVICES. Please take the time to read the AGREEMENT carefully.
 
2. SERVICES – Consultation, Maintenance & Repair.
Subject to and in accordance with the terms and conditions of this AGREEMENT, COGENT LOGIK will provide to CUSTOMER the requested SERVICES, to be performed by COGENT LOGIK. This AGREEMENT shall hold true for work provided on the day of this signed AGREEMENT and any work performed by COGENT LOGIK for CUSTOMER thereafter.
 
3. CUSTOMER Obligations.
3.1. Payment. CUSTOMER agrees to pay and is required to pay for all contracted SERVICES. CUSTOMER agrees to pay all federal, state and local fees, taxes and/or surcharges associated with SERVICES.
 
4. Privacy Policy
4.1. Commitment to Confidentiality
COGENT LOGIK strives to honor the confidentiality of its customers. COGENT LOGIK wants CUSTOMER to have confidence in CUSTOMER’s use of SERVICES. PRIVACY POLICY is designed to explain COGENT LOGIK’s commitment to CUSTOMER’s privacy and COGENT LOGIK’s monitoring activities. Independent contractors and agents of COGENT LOGIK that are acting on behalf of COGENT LOGIK in providing SERVICES are also bound by this PRIVACY POLICY.
 
4.2. Confidentiality of Business Records - Disclosure – Nature, Frequency and Purpose.
COGENT LOGIK considers CUSTOMER information COGENT LOGIK keeps to be confidential. COGENT LOGIK may collect personally identifiable information from CUSTOMER and disclose it to a third party, if disclosure is necessary to render data services and other services COGENT LOGIK provides to CUSTOMER and to conduct related business activities. The frequency of disclosure varies according to business needs. COGENT LOGIK will take reasonable precautions to prevent unauthorized access to the information. As explained in the PRIVACY POLICY, COGENT LOGIK may be required by law to disclose CUSTOMER’s personally identifiable information to government entities, without advance notice to CUSTOMER.
 
5. Disclaimers and Limitation of Liability.
5.1. Disclaimer.
CUSTOMER understands and agrees that in no event shall COGENT LOGIK be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages (including lost profits or savings) arising from or related to this AGREEMENT or the installation, use, maintenance, failure, removal or operation of SERVICES, whether based on contract, tort, strict liability or otherwise. For the reason some states and other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to CUSTOMER in such states or other jurisdictions COGENT LOGIK's liability shall be limited to the extent permitted by law.
 
5.2. Liability for SERVICES.
No obligations or liability shall arise out of COGENT LOGIK rendering technical or other advice in connection with SERVICES rendered hereunder. CUSTOMER understands and agrees that SERVICES provided by COGENT LOGIK are not guaranteed to be error free. CUSTOMER understands and agrees that any and all SERVICES are provided "as is, as available, and with all faults" without warranties of any kind, either expressed or implied, including without limitation, warranties of title, fitness for a particular purpose, other than warranties that cannot legally be excluded. COGENT LOGIK makes no warranty that SERVICES will work on CUSTOMER’s computer system. CUSTOMER understands and agrees that COGENT LOGIK is not liable for any loss of data on CUSTOMER’s computer systems or for any disruption of service as a result of COGENT LOGIK’s SERVICES. CUSTOMER understands and agrees that COGENT LOGIK has no responsibility for any third-party content, data, information, programs or other material that CUSTOMER may use on CUSTOMER’s computer systems. It is CUSTOMER’s responsibility to back up any and all data prior to COGENT LOGIK conducting its SERVICES.
 
6. Unauthorized Access, Malware, and Third-Party Services, Products and Content.
6.1. Unauthorized Access. COGENT LOGIK is not responsible for any unauthorized access to the data, files, transmissions, communications sent to or from CUSTOMER or for unauthorized access to CUSTOMER’s computer. COGENT LOGIK does not warrant any security system it may employ, either hardware or software, for the purpose of preventing unauthorized access to CUSTOMER’s computer. Any security systems employed by COGENT LOGIK maintains only a minimal level of protection. COGENT LOGIK is not responsible for damages resulting from the use of any such security system. CUSTOMER understands and agrees that CUSTOMER is solely responsible for the security of any computer or other device(s) with which CUSTOMER connect to the SERVICES, and any data, programs or information stored on such devices. CUSTOMER is responsible for taking measures to ensure the security of CUSTOMER’s computer system(s) to prevent unauthorized access to it by others
 
7. Contact COGENT LOGIK.
If CUSTOMER has a question about billing or need general information about COGENT LOGIK or its SERVICES, please contact COGENT LOGIK at security@cogentlogik.com.
 
8. Governing Law. This AGREEMENT shall be governed by the laws of the United States of America.
 
9. Miscellaneous.
9.1 Entire AGREEMENT. This AGREEMENT is CUSTOMER’s entire AGREEMENT with COGENT LOGIK and is not intended to confer and does not confer any rights or remedies upon any person or entity other than the Parties to this AGREEMENT. If any part of this AGREEMENT is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Parties and the remaining portions shall remain in full force and effect. This AGREEMENT sets forth the entire understanding and AGREEMENT of the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements related thereto.
 
9.2 Force Majeure. COGENT LOGIK shall be excused from performance hereunder, and shall not be liable for damages or otherwise, if and to the extent that COGENT LOGIK is unable to perform due to any act, event, cause or condition that is beyond its reasonable control, including but not limited to accidents, acts of God, acts of any government, failure of third-party communications networks, war, terrorist activity, industrial or labor disputes, fire, flood, explosion, civil disorder, power failure, equipment failure, acts of civil or military authorities, theft, vandalism, misuse, insurrection, inability to obtain the necessary supplies, and the like. COGENT LOGIK will make all reasonable efforts to notify CUSTOMER of the occurrence of any such event.
 
 
By purchasing or utilizing SERVICES, CUSTOMER acknowledges that CUSTOMER has read, fully understands, and agrees to this AGREEMENT. This AGREEMENT shall hold true all SERVICES performed by COGENT LOGIK for CUSTOMER.