IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 12 THAT AFFECT YOUR LEGAL RIGHTS. BY USING PRIVACYREPLY, YOU AGREE TO RESOLVE DISPUTES WITH ISI THROUGH INDIVIDUAL BINDING ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.
Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Internet Security Intelligence, Inc. ("ISI," "we," "us," or "our"), a Virginia corporation, governing your access to and use of the Privacy Reply website located at privacyreply.com and all related services, tools, communications, and features (collectively, the "Service").
By accessing or using the Service in any manner, including but not limited to submitting a privacy compliance request form, browsing the website, or receiving communications generated by the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.
Your submission of a privacy compliance request through the Service constitutes your affirmative acceptance of these Terms. We may update these Terms at any time by posting the revised version on this page with an updated "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
Description of Service
Privacy Reply is a privacy compliance technology platform that facilitates the submission, processing, and communication of data subject requests on behalf of participating website operators ("Website Operators"). The Service provides tools that enable consumers to submit requests to access, correct, delete, or otherwise manage personal information held by Website Operators.
ISI acts solely as a technology service provider and data processor. ISI does not independently collect, control, or make decisions about your personal data held by Website Operators. Each Website Operator is the data controller and is solely and exclusively responsible for its own compliance with all applicable privacy and data protection laws.
The Service is provided as a convenience. You may submit privacy requests directly to any Website Operator through whatever channels that Website Operator makes available, independent of the Service. Nothing in these Terms limits, restricts, or conditions your statutory privacy rights under applicable law as against the Website Operator that collected your personal information.
Eligibility
The Service is available to individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is greater. By using the Service, you represent and warrant that you meet this eligibility requirement and that all information you provide is accurate, current, and complete. A parent or legal guardian may submit a request on behalf of a minor.
User Responsibilities and Representations
By using the Service, you represent and warrant that:
- All information you provide through the Service is truthful, accurate, and complete.
- You are submitting a privacy request on your own behalf or are legally authorized to submit a request on behalf of another individual (such as a minor child or a person for whom you hold a valid power of attorney).
- You will not use the Service to submit fraudulent, deceptive, abusive, or bad-faith requests.
- You will not use the Service to harass, intimidate, or burden any Website Operator with requests submitted for improper purposes.
- You will not attempt to interfere with, disrupt, or compromise the security, integrity, or availability of the Service.
- You will not use any automated means, including bots, scrapers, or scripts, to access or interact with the Service without our prior written consent.
- You will not reverse engineer, decompile, disassemble, or attempt to derive the source code of any portion of the Service.
- You will not use the Service for any purpose that violates any applicable local, state, national, or international law or regulation.
You acknowledge that submission of false or fraudulent privacy requests may violate applicable law and that ISI reserves the right to refuse, suspend, or terminate your access to the Service at any time and for any reason, including suspected abuse or fraud, without notice or liability.
No Legal Advice
The Service and all information, communications, and content provided through or generated by the Service are for informational purposes only and do not constitute legal advice, a legal opinion, or an attorney-client relationship. ISI is not a law firm and does not provide legal services. The Service does not create any fiduciary duty, professional relationship, or duty of care between ISI and any User.
You should not rely on the Service as a substitute for professional legal counsel. If you have questions about your rights under any applicable privacy or data protection law, you should consult a qualified attorney licensed in your jurisdiction.
ISI makes no representation or warranty that the Service satisfies the requirements of any particular privacy law, regulation, or legal standard, or that use of the Service will result in compliance by any party with any legal obligation.
No Guarantees of Request Fulfillment
ISI facilitates the transmission and acknowledgment of privacy requests but makes no warranty, representation, or guarantee, express or implied, that:
- Any privacy request submitted through the Service will be received, reviewed, or acted upon by the applicable Website Operator.
- Any Website Operator will comply with your request in whole or in part, or within any particular timeframe.
- All personal data held by a Website Operator, its affiliates, subprocessors, backup systems, archival systems, disaster recovery environments, or downstream third parties will be identified, accessed, corrected, deleted, or otherwise processed.
- Any email communication generated by the Service will be successfully delivered, received, or rendered by the recipient's email system.
- The Service will be available, uninterrupted, error-free, or free of harmful components at any time.
The completeness, accuracy, and timeliness of request fulfillment is the sole responsibility of the applicable Website Operator. ISI has no control over and assumes no responsibility for the actions, omissions, policies, systems, or practices of any Website Operator.
Email Communications
The Service generates and transmits email communications, including request confirmations, status updates, and other notices, on a best-effort basis. ISI does not guarantee the delivery, receipt, rendering, or readability of any email communication. ISI is not responsible for messages that are undelivered, delayed, filtered, quarantined, marked as spam, or otherwise blocked by recipient mail servers, spam filters, security gateways, corporate firewalls, email service providers, or any other system or service outside of ISI's control.
It is your responsibility to ensure that communications from Privacy Reply and its associated domains are not blocked by your email provider or security settings. Delivery of an email confirmation does not constitute a guarantee, representation, or warranty that the underlying privacy request has been or will be fulfilled by the applicable Website Operator.
By providing your email address through the Service, you consent to receive transactional communications related to your privacy request. These communications are not marketing messages and are necessary for the operation of the Service.
Intellectual Property
The Service, including all software, code, algorithms, designs, text, graphics, logos, trademarks, trade names, service marks, user interfaces, and other content and materials (collectively, "ISI Materials"), is the exclusive property of ISI or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
These Terms grant you no right, title, or interest in or to any ISI Materials except the limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, license, or otherwise exploit any ISI Materials without ISI's prior written consent.
The Privacy Reply name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ISI or its affiliates. You may not use such marks without ISI's prior written permission.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ISI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, AND QUIET ENJOYMENT.
ISI DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ISI MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT THE SERVICE WILL COMPLY WITH THE REQUIREMENTS OF ANY PARTICULAR JURISDICTION'S PRIVACY OR DATA PROTECTION LAWS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ISI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, REGULATORY FINES OR PENALTIES IMPOSED ON ANY PARTY, FAILURE OF A WEBSITE OPERATOR TO COMPLY WITH A PRIVACY REQUEST, COST OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ISI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnification
You agree to defend, indemnify, and hold harmless ISI, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Your use of or access to the Service.
- Your violation of these Terms.
- Your violation of any applicable law, regulation, or third-party right.
- Any information, content, or data you submit through the Service, including any false, fraudulent, misleading, or inaccurate information.
- Any dispute between you and any Website Operator regarding the handling of your personal data or the fulfillment of a privacy request.
- Any claim by a third party arising from or related to your use of the Service.
This indemnification obligation shall survive the termination of these Terms and your use of the Service.
Dispute Resolution - Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
12.1 Agreement to Arbitrate
You and ISI agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any aspect of the relationship between you and ISI (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies. This agreement to arbitrate is intended to be broadly interpreted.
12.2 Arbitration Procedures
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. If the AAA is unavailable, the parties shall mutually agree on an alternative arbitral forum; if they cannot agree, a court of competent jurisdiction shall appoint an arbitrator. The arbitration shall be conducted by a single arbitrator in Fairfax County, Virginia, or, at your election, by telephone, videoconference, or based on written submissions. The arbitrator shall apply Virginia substantive law (without regard to conflict-of-law principles) and the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
The arbitrator shall have exclusive authority to resolve all Disputes, including the scope, enforceability, and arbitrability of these Terms. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
12.3 Class Action and Collective Action Waiver
YOU AND ISI EACH WAIVE THE RIGHT TO A JURY TRIAL. YOU AND ISI EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER) SHALL BE NULL AND VOID, AND THE DISPUTE SHALL PROCEED IN COURT.
12.4 Pre-Arbitration Notice
Before initiating arbitration, you must send ISI a written notice of your Dispute ("Notice") by certified mail to Internet Security Intelligence, Inc., Attn: Legal Department, 32 N Gould St, Sheridan, WY 82801, or by email to legal@privacyreply.com. The Notice must include your name, address, email address, a description of the Dispute, and the specific relief you seek. If you and ISI cannot resolve the Dispute within sixty (60) days after ISI receives the Notice, either party may commence arbitration.
12.5 Opt-Out
You may opt out of this arbitration provision by sending written notice to legal@privacyreply.com within thirty (30) days of first using the Service. The notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, you and ISI retain all rights to pursue claims in court, but the class action waiver in Section 12.3 shall continue to apply to the fullest extent permitted by law.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred. This limitation applies regardless of any statute or law to the contrary, to the maximum extent permitted by applicable law.
Governing Law and Jurisdiction
These Terms and any Dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict-of-law provisions. To the extent that litigation is permitted under these Terms (including disputes not subject to arbitration or where the arbitration provision is found unenforceable), you agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Fairfax County, Virginia, and you waive any objection to such jurisdiction or venue on the grounds of inconvenient forum or otherwise.
Third-Party Beneficiaries and Website Operators
Website Operators that participate in the Privacy Reply service are not parties to these Terms and are not third-party beneficiaries of these Terms. Nothing in these Terms shall be construed to create any obligation, liability, or duty of ISI to any Website Operator or vice versa with respect to your use of the Service. Any dispute between you and a Website Operator regarding the collection, use, storage, or deletion of your personal data is between you and that Website Operator exclusively.
Privacy
Your use of the Service is also governed by our Privacy Policy, available at privacyreply.com/privacy-policy. The Privacy Policy describes how ISI collects, uses, and shares information in connection with the Service. By using the Service, you acknowledge that you have read and understood the Privacy Policy.
Modifications to the Service
ISI reserves the right to modify, suspend, discontinue, or terminate the Service or any portion thereof, temporarily or permanently, at any time and for any reason, with or without notice, and without liability to you or any third party. ISI shall not be liable to you or any third party for any modification, suspension, discontinuance, or termination of the Service.
Termination
ISI may suspend or terminate your access to the Service at any time, for any reason or no reason, with or without cause, and with or without notice, at ISI's sole discretion. Upon termination, all provisions of these Terms that by their nature should survive shall survive, including but not limited to Sections 5, 6, 8, 9, 10, 11, 12, 13, 14, and 19.
General Provisions
19.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and ISI regarding the Service and supersede all prior or contemporaneous communications, proposals, and representations, whether oral or written, with respect to the Service.
19.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.
19.3 Waiver
No failure or delay by ISI in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
19.4 Assignment
You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without ISI's prior written consent. ISI may freely assign, transfer, or delegate these Terms or any rights or obligations hereunder without restriction and without notice to you. Any purported assignment in violation of this section shall be null and void.
19.5 Force Majeure
ISI shall not be liable for any failure or delay in performing any obligation under these Terms where such failure or delay results from any cause beyond ISI's reasonable control, including but not limited to acts of God, natural disaster, pandemic, epidemic, war, terrorism, riot, civil unrest, embargo, government action, labor disputes, power failure, internet or telecommunications failure, cyberattack, or the acts or omissions of third parties (including Website Operators, email service providers, internet service providers, and hosting providers).
19.6 No Agency
Nothing in these Terms shall be construed to create a joint venture, partnership, employment, agency, or fiduciary relationship between you and ISI. ISI is not an agent of any Website Operator, and no Website Operator is an agent of ISI.
19.7 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
19.8 Contact Information
For questions about these Terms, contact:
32 N Gould St
Sheridan, WY 82801
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