TERMS OF USE

IMPORTANT: Bluefin, (dba “Bluefin” and herein called “Bluefin”) operates this website (the “Site”) and the services related to or offered on the Site which may include private label sites. The Site may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Site or provided through the Site (collectively the “Services”). These Terms of Use (“TOU”) govern your use of the Site and the Services that are provided by Bluefin. Please read these TOU carefully before accessing or using the Site or the Services. Each time you access or use the Site or the Services, you agree to be bound by these TOU. If you do not agree to be bound by all of these TOU, you may not access or use the Site or the Services. In addition, certain areas of the Site or the Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these TOU, the additional terms will control.

1. The Site is for educational informational purposes only and does not provide legal advice.

The Site and the Services offer a primer for a very complex area that is subject to change at times and may even be interpreted differently by professionals and experts in the field. As such, the Site and the Services are designed for educational or informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE PROFESSIONAL OR LEGAL ADVICE OR ANY INFORMATION PROVIDED BY THE PCI SECURITY STANDARDS COUNCIL OR THEIR DESIGNEES. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE CONTENT OF THE SITE OR THE SERVICES, YOU SHOULD CONSULT WITH THE PCI SECURITY STANDARDS COUNCIL’S SITE https://www.pcisecuritystandards.org/, THEIR VENDOR DESIGNEES, OR WITH YOUR OWN LEGAL COUNSEL WHO IS KNOWLEDGABLE REGARDING THE PCI DATA SECURITY STANDARD (the “PCI DSS”). DO NOT DISREGARD, AVOID OR DELAY OBTAINING DATA SECURITY OR LEGAL ADVICE FROM A PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR OBTAINED THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Site or available through the Services is intended to be, and must not be taken to be, legal advice or counsel. No assurance can be given that the information contained in the Site or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Site and the Services does not create in any way a confidential, attorney-client or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our licensors. Although we have attempted to work with only reputable vendors in the field, there is no substitute for your own research into the merits of these companies and their products. We do not recommend or endorse any specific products or other information that may appear on the Site or the Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Site, you do so solely at your own risk.

2. User obligations.

You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site and the Services. You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site or the Services over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Bluefin is not responsible for the security of any information transmitted to or from the Site or the Services. Bluefin reserves the right to prohibit or terminate use of or access to the Site or the Services at any time, without notice, for any reason whatsoever.

3. License grant.

These TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with these TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

4. Prohibited activities.

You acknowledge and agree that the Site and the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Bluefin, its licensors or Bluefin’s content providers. In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not: (1) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; (2) access the Site or the Services by any means other than through the standard industry-accepted or Bluefin-provided interfaces; (3) post or transmit any material that contains a virus or corrupted data; (4) delete any author attributions, legal notices or proprietary designations or labels; (5) violate any applicable local, state, national or international law, rule or regulation or use the Site and/or the Services for any purpose that is prohibited by these TOU; (6) manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology; (7) register, subscribe or unsubscribe any party for any Bluefin product or service if you are not expressly authorized by such party to do so; (8) use the Site or the Services in any manner that could damage, disable, overburden or impair Bluefin servers or networks, or interfere with any other user’s use and enjoyment of the Site and/or the Services; (9) gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Bluefin through hacking, password mining or any other means; (10) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services or harvest or otherwise collect information about other users without Bluefin’s consent; (11) use the Site or the Services in any manner that could damage, disparage, or otherwise negatively impact Bluefin. In addition, you agree to comply with Bluefin’s Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY Bluefin TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

5. Third party content.

Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site or the Services by third parties, including information providers, are those of the respective authors or distributors and not Bluefin. Neither Bluefin, its licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Bluefin nor its licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on the Site or the Services by any licensor representative while acting in his/her official capacity. You may be exposed through the Site or the Services to content that violates Bluefin’s policies or is otherwise offensive. You access the Site and Services at your own risk. Bluefin takes no responsibility for your exposure to third party content on the Site or the Services. Bluefin and its Licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that Bluefin does not advocate the use of any product or procedure described in the Site or through the Services, nor is Bluefin responsible for misuse of a product or procedure due to typographical error.

6. Accounts, passwords and security.

If any of the Site or Services require you to open an account or provide information to complete Bluefin’s Assessment Tool, you must complete the process by providing Bluefin with current, complete and accurate information, as prompted by the applicable form. You acknowledge that by providing any information to Bluefin which is untrue, inaccurate, not current or incomplete, Bluefin reserves the right to terminate your access and use of the Site and/or the Services. As part of the registration process, you may be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Bluefin immediately of any unauthorized use of your account or any other breach of security. Neither Bluefin nor its licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Bluefin, its licensors or another party due to someone else using your account or password.

7. Linking to the Site.

Bluefin reserves the right to disallow you to link to the Site at any time in Bluefin’s sole discretion. If Bluefin exercises such right, you agree to immediately remove and disable any and all of your links to the Site.

8. Disclaimer regarding linked third party sites.

The links on the Site and/or the Services will let you leave the particular Site or Service you are accessing in order to access a linked third party site (the “Linked Sites”). Bluefin provides these links as a convenience, but Bluefin neither controls nor endorses these Linked Sites, nor has Bluefin reviewed or approved the content which appears on the Linked Sites. Bluefin is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that Bluefin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

9. Dealings with third parties.

Your participation, correspondence or business dealings with any third party found on or through the Site or the Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Bluefin shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

10. Privacy.

Bluefin’s privacy policy with respect to the collection and use of your personally identifiable information is set forth at www.pci-q.com and is incorporated by reference into these TOU. BY ACCESSING THE SITE AND/OR THE SERVICES, YOU AGREE THAT YOU ARE ACCEPTING Bluefin’S PRIVACY POLICY.

11. Disclaimer of warranties.

THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Bluefin, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITE OR SERVER(S) ON WHICH THE SITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. Bluefin MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR THE CONTENT CONTAINED ON THE SITE OR THROUGH THE SERVICES. Bluefin MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OR PRODUCT OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE OR THE SERVICES.

12. Limitation of liability.

NEITHER Bluefin NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO: (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR THE SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR THE SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Bluefin OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITE AND/OR THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Bluefin may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Bluefin’s liability will be the minimum permitted under such applicable law.

13. Indemnification.

You agree to indemnify, defend and hold Bluefin and its Licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from: (i) your breach of these TOU; (ii) any allegation that any submission materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services.

14. Copyright policy.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Bluefin infringe your copyright, you or your agent may send to Bluefin a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Bluefin actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Bluefin a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

·         an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·         identification of the copyrighted work that you claim has been infringed;

·         identification of where the material that you claim is infringing is located on the Site or the Services reasonably sufficient to permit Bluefin to locate the material;

·         information reasonably sufficient to permit Bluefin to contact you, such as your address, telephone number and, if available, your email address;

·         a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

·         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Bluefin’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent:

Joseph A. White

Fried& Bonder

White Provision, Suite 305

1170 Howell Mill Road, NW

Atlanta, GA 30318

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

15. Jurisdictional issues.

Bluefin makes no representation or warranty that the content and materials on the Site or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Bluefin reserves the right, at any time in our Bluefin’s discretion, to limit the availability and accessibility of the Site or the Services to any person, geographic area or jurisdiction Bluefin so desires, and to limit the quantities of any such service or products that Bluefin provides.

16. Termination.

You agree that Bluefin, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or the Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.

17. Governing law.

These TOU and the relationship between you and Bluefin shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. You and Bluefin irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Atlanta Georgia and Fulton County, in the State of Georgia, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

18. Waiver and severability.

The failure of Bluefin to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions.

19. Successors and assigns.

Bluefin may perform any of its obligations or exercise any of its rights under these TOU through one or more of its corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with Bluefin). If Bluefin or its assets are acquired by another entity, that entity will assume Bluefin’s rights and obligations as described in these TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without Bluefin’s prior written consent.

20. Updates.

Bluefin may modify these TOU at any time, as Bluefin deems appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Site and the Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or the Services following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. Bluefin reserves the right to modify or discontinue the Site or Services with or without notice. Bluefin will not be liable to you or any third party should Bluefin exercise its right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Site or Services as so modified and your use of new Services will be governed by these TOU.

Date of Last Revision: 4/21/14

Copyright © 2014 Bluefin, LLC
The material on this web site is provided for educational or informational purposes only, and is not to be considered under any circumstances as legal or professional consulting advice. You are to independently select your own trusted advisers and qualified specialists to assist you in determining what actions to take to comply with PCI Data Security Standard (the “PCI DSS”) and to better protect you from a security data breach. Use of this site is subject to Bluefin’s Terms of Use and Privacy Policy.