Legal Terms of Service
IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or the "Authorized User") AND IT Professional LLC or, as applicable, its local subsidiary ("We" or "Company" or "IT Professional"). BEFORE ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (or this "TOS") AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THIS WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this "IT PROFESSIONAL Website"). WE ARE WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE THIS WEBSITE AND ARE INSTRUCTED TO EXIT THIS WEBSITE IMMEDIATELY.
Terms and conditions
1. LICENSE GRANT.
The IT PROFESSIONAL Website is provided by IT Professional, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the IT PROFESSIONAL Website and any programs, services, tools, materials, or information made available through or from the IT PROFESSIONAL Website conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits you to use and access for personal or business purposes only the IT PROFESSIONAL Website (i) on a single laptop, workstation, or computer and (ii) from the Internet or through an on-line network. You may also load information from the IT PROFESSIONAL Website into your laptop's, workstation's, or computer's temporary memory and print and download materials and information from the IT PROFESSIONAL Website solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the IT PROFESSIONAL Website on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with IT Professional regarding access and usage privileges for the IT PROFESSIONAL Website, including, without limitation, a member services agreement with IT Professional. Nevertheless, your personal use of the IT PROFESSIONAL Website will be subject to the obligations and restrictions regarding use of the IT PROFESSIONAL Website as set forth in this TOS.
The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by IT Professional through the IT PROFESSIONAL Website in any manner not expressly permitted by this TOS. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the IT PROFESSIONAL Website. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the IT PROFESSIONAL Website or in any way reproduce or circumvent the navigational structure or presentation of the IT PROFESSIONAL Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the IT PROFESSIONAL Website, (ii) attempt to gain unauthorized access to any portion or feature of the IT PROFESSIONAL Website, including, without limitation, the account of any other Authorized User(s), or any other systems or networks connected to the IT PROFESSIONAL Website or to any IT Professional server or to any of the services offered on or through the IT PROFESSIONAL Website, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the IT PROFESSIONAL Website or any network connected to the IT PROFESSIONAL Website, nor breach the security or authentication measures on the IT PROFESSIONAL Website or any network connected to the IT PROFESSIONAL Website, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the IT PROFESSIONAL Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the IT PROFESSIONAL Website or IT Professional's systems or networks or any systems or networks connected to the IT PROFESSIONAL Website, (vi) use any device, software, or routine to interfere with the proper working of the IT PROFESSIONAL Website or any transaction conducted on the IT PROFESSIONAL Website, or with any other person's use of the IT PROFESSIONAL Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to IT Professional on or through the IT PROFESSIONAL Website, (viii) use the IT PROFESSIONAL Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the IT PROFESSIONAL Website (or any part thereof) without IT Professional express, separate, and prior written permission, or (x) use the IT PROFESSIONAL Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact IT Professional.
3. USER OBLIGATIONS.
By downloading, accessing, or using the IT PROFESSIONAL Website in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the IT PROFESSIONAL Website, including, without limitation, when you provide information via a IT PROFESSIONAL Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, IT Professional reserves the right to terminate immediately your access to and use of the IT PROFESSIONAL Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the IT PROFESSIONAL Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which you receive, or which is made available from IT Professional in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the IT PROFESSIONAL Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the IT PROFESSIONAL Website is solely at your own risk. While IT Professional has endeavored to create a secure and reliable IT PROFESSIONAL Website, you should understand that the confidentiality of any communication or material transmitted to/from the IT PROFESSIONAL Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, IT Professional is not responsible for the security of any information transmitted to or from the IT PROFESSIONAL Website. You agree to assume all responsibility concerning activities related to your use of the IT PROFESSIONAL Website, including, providing any support, or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the IT PROFESSIONAL Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the IT PROFESSIONAL Website shall only be available through the sole discretion of IT Professional or pursuant to the terms and conditions of a separate written agreement with IT Professional.
4. DELIVERY OF INFORMATION.
When using and/or to facilitate the operation of certain features of the IT PROFESSIONAL Website, you may provide IT Professional with additional content or information (a "Posting"). In connection with delivering and providing to IT Professional any such Posting, you hereby and automatically grant to IT Professional a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the IT PROFESSIONAL Website and IT Professional's service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide IT Professional with reasonable proof thereof (if requested)) required for IT Professional to use such content or information in connection with IT Professional's services and the IT PROFESSIONAL Website. Notwithstanding the foregoing, you acknowledge and agree that IT Professional shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance, or permission or to provide any necessary content or information for your use of the IT PROFESSIONAL Website in a timely or accurate manner. Moreover, IT Professional assumes no responsibility for the deletion of or failure to store any content or information.
5. OTHER TERMS AND CONDITIONS.
Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the IT PROFESSIONAL Website, and/or to other specific portions or features of the IT PROFESSIONAL Website, all of which are made a part of this TOS by this reference. In particular, this TOS, in and of itself, shall not entitle you to any of the IT Professional membership benefits until you execute, and IT Professional accepts IT Professional's member services agreement with IT Professional. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the IT PROFESSIONAL Website, the latter terms shall control with respect to your use of that portion of the IT PROFESSIONAL Website. IT Professional's obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
6. USERNAME HANDLING POLICY.
Registration as an Authorized User for access to certain areas of the IT PROFESSIONAL Website may require both a username and a password. Only one Authorized User can use one username and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your username and password can gain entry to the IT PROFESSIONAL Website and to your account. Accordingly, by using the IT PROFESSIONAL Website, you agree to consider your username and password as confidential information and to keep your username and password confidential. You also agree not to use another Authorized User's username and password. You will immediately notify IT Professional if you become aware of any loss or theft of your password or any unauthorized use of your username and password. IT Professional cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. IT Professional reserves the right to delete or change (with notice) a username or password at any time and for any reason.
This IT PROFESSIONAL Website may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the IT PROFESSIONAL Website contains such communication forums (collectively, "Forums"), you agree that by using the IT PROFESSIONAL Website you will not post or transmit any of the following materials on the IT PROFESSIONAL Website's Forums:
a. anything that interferes with or disrupts the IT PROFESSIONAL Website or the operation thereof,
b. statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
c. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
d. statements or material that violates other contractual or fiduciary rights, duties, or agreements,
e. statements or material that is bigoted, hateful, or racially offensive,
f. statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
g. statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
h. statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
i. statements or material that harms minors,
j. statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees, and representatives of IT Professional,
k. statements or material that misrepresents your affiliation with any entity and/or IT Professional,
l. anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
m. chain letters or pyramid schemes,
n. statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
o. statements or material that are "off-topic" for a designated Forum,
p. solicitations, offers, or requests for employment, contracting opportunities, performance of services for monetary gain, or the purchase, sale, or barter of items or materials.
q. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, network, or the IT PROFESSIONAL Website.
9. PERMISSION TO USE POSTINGS.
You represent that you have all necessary rights to make the Posting available to IT Professional and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that IT Professional has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the IT PROFESSIONAL Website, IT Professional has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, IT Professional assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
10. NO PRE-SCREENING OF POSTINGS.
IT Professional is not responsible for screening, policing, editing, or monitoring your or another Authorized User's Postings and encourages all its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to IT Professional's right and ability to delete or remove a Posting (or any part thereof), IT Professional does not endorse, oppose, or edit any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Authorized User. Nevertheless, IT Professional reserves the right to delete or take other action with respect to Postings (or parts thereof) that IT Professional believes in good faith violate this TOS and/or are, or are potentially, unlawful, or harmful to IT Professional or its products, services, and goodwill. If you violate this TOS, IT Professional may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the IT PROFESSIONAL Website. Moreover, it is a policy of IT Professional to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact IT Professional as provided below.
11. PROPRIETARY RIGHTS.
This TOS provides only a limited license to access and use the IT PROFESSIONAL Website. Accordingly, you expressly acknowledge and agree that IT Professional transfers no ownership or intellectual property interest or title in and to the IT PROFESSIONAL Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the IT PROFESSIONAL Website, unless otherwise indicated, are owned, controlled, and licensed by IT Professional and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, IT Professional does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the IT PROFESSIONAL Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that IT Professional does fully enforce its intellectual property rights of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of IT Professional's trademarks. This IT PROFESSIONAL Website is copyrighted. Copyright IT Professional and/or its licensors. All rights reserved. IT Professional also owns a copyright in the contents of the IT PROFESSIONAL Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the IT PROFESSIONAL Website. Any downloadable or printable programs, directories, databases, information, or materials available through the IT PROFESSIONAL Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by IT Professional. IT Professional, the IT Professional logo, and all other names, logos, and icons identifying IT Professional and its programs, products, and services are proprietary trademarks of IT Professional, and any use of such marks, including, without limitation, as domain names, without the express written permission of IT Professional is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
For a complete list of trademarks, please refer to Trademarks.
12. FEEDBACK AND SUBMISSIONS.
IT Professional welcomes your feedback and suggestions about IT Professional's products or services or the IT PROFESSIONAL Website. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to IT Professional, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to IT Professional and enable IT Professional to use such feedback. In addition, any feedback received through the IT PROFESSIONAL Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for IT Professional to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
13. LINKS TO OTHER SITES.
IT Professional may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by IT Professional and are maintained by third parties over which IT Professional exercises no control. Accordingly, IT Professional expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
14. THIRD-PARTY PRODUCTS/SERVICES.
IT Professional, in its sole discretion, may post the advertisements of third parties on the IT PROFESSIONAL Website and/or feature materials, programs, products, and services provided by third parties, including, without limitation, IT Professional's members. IT Professional makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the IT PROFESSIONAL Website are solely between you and such third party. Accordingly, IT Professional expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the IT PROFESSIONAL Website, and you agree that IT Professional shall not be responsible for any loss or damage of any sort incurred because of any such dealings or as the result of the presence of such third parties on the IT PROFESSIONAL Website.
WHILE IT PROFESSIONAL ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE IT PROFESSIONAL Website ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. IT Professional IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE IT PROFESSIONAL Website. MOREOVER, IT PROFESSIONAL MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE IT PROFESSIONAL Website OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE IT PROFESSIONAL Website AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE IT PROFESSIONAL Website. IT PROFESSIONAL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE IT PROFESSIONAL Website FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. IT PROFESSIONAL ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE IT PROFESSIONAL Website WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
16. LIMITATION OF LIABILITY.
You expressly absolve and release IT Professional from any claim of harm resulting from a cause beyond IT Professional's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL IT PROFESSIONAL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE IT PROFESSIONAL Website, WITH THE DELAY OR INABILITY TO USE THE IT PROFESSIONAL Website, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE IT PROFESSIONAL Website, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF IT PROFESSIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF IT PROFESSIONAL FOR ANY REASON WHATSOEVER RELATED TO USE OF THE IT PROFESSIONAL Website SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO IT PROFESSIONAL IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
You agree to defend, indemnify, and hold harmless IT Professional and affiliates and all their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of this TOS.
18. NOTICE OF SECURITY BREACH.
In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by IT Professional, you shall immediately (i) notify IT Professional of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform IT Professional of the results of such investigation, (c) assist IT Professional using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist IT Professional as reasonably necessary to enforce IT Professional's rights and to enable IT Professional to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
19. GOVERNING LAW.
This TOS has been made in, will be construed, and enforced solely in accordance with the laws of the United States of America and the State of California, U.S.A. as applied to agreements entered and completely performed in the State of California. You and IT Professional each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of California for any disputes between us under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against IT Professional must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. IT Professional makes no representation that the IT PROFESSIONAL Website is appropriate or available for use in other locations outside the State of California, and access to the IT PROFESSIONAL Website from sates, territories, or nations where any aspect of the IT PROFESSIONAL Website is illegal is prohibited. You access the IT PROFESSIONAL Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the IT PROFESSIONAL Website. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact IT Professional if you wish to receive a printed copy of this TOS.
20. ENFORCING SECURITY ON THE SITE.
Actual or attempted unauthorized use of the IT PROFESSIONAL Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. IT Professional reserves the right to view, monitor, and record activity on the IT PROFESSIONAL Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the IT PROFESSIONAL Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the IT PROFESSIONAL Website as well as to disclosures required by or under applicable law or related government agency actions. IT Professional will also comply with all court orders involving requests for such information. In addition to the foregoing, IT Professional reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the IT PROFESSIONAL Website, or any portion of the IT PROFESSIONAL Website, to protect the IT PROFESSIONAL Website, IT Professional, or IT Professional's business.
21. TERM AND TERMINATION.
This TOS and your right to use the IT PROFESSIONAL Website will take effect at the moment you click "I ACCEPT" or you install, access, or use the IT PROFESSIONAL Website and is effective until terminated as set forth below. This TOS will terminate automatically if you click "I REJECT". In addition, IT Professional reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the IT PROFESSIONAL Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the IT PROFESSIONAL Website, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the IT PROFESSIONAL Website in your possession. In addition to the miscellaneous section below, the provisions concerning IT Professional's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.