Terms of Use | Valitura

The website at valitura.com (the “Site”) is owned and operated by Valitura LLC, a Florida limited liability company (“Valitura,” “we,” “us” or “our”). These Terms of Use (“Terms”) govern your use of the Site. By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

These Terms cover the Site only. Any consulting, testing, managed or software services we provide are governed by a separate written agreement with that client, not by these Terms.

1. Use of the Site

We grant you a limited, non-exclusive, non-transferable, revocable license to view and use the Site for your own information. You may not:

copy, republish, sell or commercially exploit the Site or its content, except to share a link or quote a short excerpt with attribution;
interfere with the Site’s operation, or try to gain unauthorized access to it or to the systems that host it;
scan, probe or test the Site or its hosting for vulnerabilities, or run automated attacks or load tests against it, without our prior written permission;
use the Site to build a competing product or service, or in violation of any law.

If you believe you have found a security issue in the Site, please report it to us at legal@valitura.com rather than testing further. We appreciate responsible disclosure.

We may change, suspend or discontinue any part of the Site at any time without notice.

2. No professional advice

Articles, blog posts and other content on the Site are general information about security and technology. They are not professional advice for your situation, and reading them or contacting us does not create a client relationship. A client relationship begins only when we both sign a written agreement. Do not send us confidential or sensitive information until that agreement is in place.

3. Ownership

The Site and its content, including text, graphics, the Valitura name, the rook mark and our logos, belong to Valitura or its licensors and are protected by intellectual property laws. Partner and vendor names and logos shown on the Site belong to their owners and appear to identify our partnerships, not to suggest that those companies endorse the Site. These Terms do not give you any ownership rights. All rights not expressly granted are reserved.

If you send us feedback or suggestions about the Site, we may use them freely without obligation to you.

4. Privacy

Our Privacy Policy explains what information we collect through the Site and how we use it. It is part of these Terms.

5. Third-party sites

The Site links to websites we do not control, including our partners’ sites and our software products’ sites. We are not responsible for their content or practices, and your use of them is governed by their own terms.

6. Disclaimers

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, VALITURA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL CODE, OR THAT ITS CONTENT IS COMPLETE OR CURRENT.

7. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) VALITURA WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SITE OR THESE TERMS; AND (B) OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SITE OR THESE TERMS IS LIMITED TO FIFTY U.S. DOLLARS (US$50). SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

8. Indemnity

You agree to defend, indemnify and hold harmless Valitura and its officers, employees and agents from claims and reasonable costs, including attorneys’ fees, arising from your misuse of the Site or your violation of these Terms or of any law.

9. Governing law and venue

These Terms and any dispute arising from them or from the Site are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. You and Valitura agree to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, except that either party may seek injunctive relief to protect its intellectual property in any court with jurisdiction, and either party may bring an individual claim in small claims court.

10. Notice for California users

Under California Civil Code Section 1789.3, California users are entitled to the following notice. The provider of the Site is Valitura LLC, 1065 SW 8th Street, Suite 5579, Miami, FL 33130, USA. To file a complaint about the Site, or to get more information about it, write to that address or email legal@valitura.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210.

11. General

We may update these Terms from time to time by posting a new version here with a new “Last updated” date. Your continued use of the Site after that means you accept the updated Terms. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. These Terms, with the Privacy Policy, are the entire agreement between you and Valitura about the Site. You may not assign these Terms; we may assign them. You agree not to export or re-export anything from the Site in violation of U.S. or other applicable export laws.

We aim for the Site to meet the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If anything on the Site is hard to use, please tell us at info@valitura.com.

12. Contact

Valitura LLC
1065 SW 8th Street
Suite 5579
Miami, FL 33130, USA
legal@valitura.com