Coalfire Website Terms of Use

Overview

These Terms of Use constitute a legal agreement between you and Coalfire. By accessing or using our site, regardless of how you access our site (including through the internet, though a mobile network, or in any other manner) you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree, please refrain from using our site.

The term "you," as used in these Terms of Use, refers to any person or entity accessing or using our site.

By accessing or using our site, you also agree to comply with all applicable laws and regulations. Additionally, improvements or changes may be made to products, services, or other content displayed on our site at any time.

Important Note on Transactions

It's crucial to note that your use of any products or services obtained from Coalfire, as well as any transactions for the sale of products or services, are governed by the applicable Service Agreement, Software End User License Agreement, and other relevant terms available on our legal webpage www.coalfire.com/legal. These Terms of Use complement such terms and are in addition to any agreements that may apply to you.

In the event of conflicts between these Terms of Use and a Service Agreement or a Service Description, the latter shall supersede and govern the respective terms. Any claims and disputes arising under these agreements shall be subject solely to their terms and not these Terms of Use.

1. Your Privacy.

Your privacy is important to us. As you navigate through our site, please be sure to review Coalfire’s Privacy Policy. This document outlines how we collect, use, process, and protect data from you and your devices.  As our services evolve, so may our Privacy Policy and you should revisit the Privacy Policy regularly to stay informed about updates and changes.

These Terms of Use also encompass our Data Processing Agreement (“DPA”) when the General Data Protection Regulation (“GDPR”) applies to your use of Coalfire Services for processing Customer Data (as defined in the DPA). The DPA, effective as of September 1, 2023, replaces and supersedes any previously agreed data processing addendum between you and Coalfire.

Coalfire employs industry-standard measures to ensure the security of your data. We are committed to safeguarding your information against unauthorized access, disclosure, alteration, and destruction.

2. Continuing Agreement

In our commitment to transparency, we reserve the right to modify these Terms of Use periodically. Any revisions made will be communicated by making the updated version available on our site, with the date of the last revision clearly indicated at the top of the page. To the fullest extent permitted under all applicable laws, encompassing various regulations and requirements, your continued access to or use of our site following any posted modification indicates your acceptance of the changes.

3. Intellectual Property

We are the owner or licensee of all copyrights, trademarks, service marks, trade names, trade dress, design rights, database rights, and all other intellectual property rights in the content of our site unless otherwise stated. The use of these marks without the prior written permission of Coalfire is strictly prohibited. All other names, logos, product and service names, designs and slogans on our site are the trademarks of their respective owners. Any downloadable information you may access and use from our site for your own personal use, educational advancement, or professional development must be used as it appears. Any materials that you download for your own use must maintain all copyright or other notices. For further information on our intellectual property, refer to Coalfire’s Intellectual Property site. If you seek to use material prohibited by this section, you may request permission by contacting marketing@Coalfire.com.

You are allowed to view content on our site for non-commercial purposes only. Any commercial use, exploitation, extraction, publication, distribution, or reproduction of any part of our site is strictly prohibited. Your use of our site must comply with all applicable laws, rules, and regulations.

You agree not to use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine," or gather content from our site. Additionally, you must not reproduce or circumvent the navigational structure or presentation of our site without our express prior written consent.

We grant operators of public online search engines limited permission to use search retrieval applications to reproduce materials from our site solely to create publicly available searchable indices of such materials for their public online search services. This permission is limited and does not apply to other uses. We reserve the right to revoke these limited permissions either generally or in specific instances.

We take very seriously any access to or interference with our site that aims to deny, corrupt, damage, or otherwise interfere with its service. We will monitor such activities and take necessary actions to protect our site. By using our site, you agree that damages may not be an adequate remedy for any breach of these access terms or infringement of our rights. Therefore, you agree that we are entitled to seek any and all of the following remedies: injunctions, specific performance, orders to deliver up infringing copies or materials, and any other legal or equitable relief for any threatened or actual breach or infringement. You further agree that no proof of special damages is necessary for us to obtain such remedies.

4. User Contributions

Certain parts of our site may contain blogs or forums (“Community Services”) that allow employees, guest bloggers, or users to post content ("User Contributions") on our site. By submitting any User Contributions on our site, you grant Coalfire and our affiliates the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. 

You are solely responsible for your conduct and the content you post, ensuring it complies with our content standards and any other additional terms posted in connection with the Community Services. Consequently, you agree not to:

• Post unlawful, defamatory, abusive, threatening, or otherwise objectionable content.
• Use Community Services for unauthorized surveys, contests, or spamming.
• Impersonate any person or entity, or infringe on another's intellectual property rights.
• Transmit viruses or other harmful software, or engage in disruptive behavior.

Coalfire reserves the right to monitor User Contributions and may edit or remove them, in whole or in part, at our discretion. We may also terminate your access to use Community Services if you violate any of these Terms of Use or our policies. Coalfire is not obligated to use or respond to any User Contributions and disclaims responsibility for their content. 

5. Copyright Complaints

In adherence to the Digital Millennium Copyright Act (“DMCA”), Coalfire maintains a responsive policy to address notices of alleged copyright infringement. If you suspect that materials accessible on or from our site infringe on your copyright, you can initiate the removal request by contacting Coalfire’s designated copyright agent with a DMCA Notice.

For comprehensive guidance on submitting a DMCA Notice and further details, please review Coalfire’s Intellectual Property site.

6. Disclaimer of Errors

Occasionally, our site may inadvertently feature technical inaccuracies or content errors. Coalfire does not guarantee the accuracy of any posted information. To minimize the impact of potential errors, it is advisable to rely on the most current webpages. We recommend independently verifying the accuracy and completeness of information before making decisions related to services, products, or any other matters described on our site. 

7. Availability and Access

We do not guarantee that our site or any content on it will always be available or uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our site without notice. We will not be liable to you if our site is unavailable at any time or for any period.

8. Confidential Information and Privacy

Coalfire prioritizes your privacy and security. We advise against submitting confidential or proprietary information through our site. Any information or materials sent to Coalfire will be treated as NOT CONFIDENTIAL. By submitting information or materials, you grant Coalfire an unrestricted, irrevocable license to utilize, modify, reproduce, and distribute those materials or information. This license includes the right to copy, publish, upload, post, transmit, publicly display, perform, and create derivative works.

You also acknowledge that Coalfire is free to utilize any ideas, concepts, know-how, or techniques sent to us for any purpose. Personally identifiable information submitted to Coalfire for receiving products or services will be handled according to our privacy policies. For further details, please refer to the Coalfire Privacy Policy, which includes information on how we handle your data, as well as our Cookie Policy for insights into our approach to cookies and tracking technologies.

9. Linking to Our Site

Coalfire appreciates responsible and genuine linking to our site. However, we grant consent only to links that adhere to specific guidelines. Links and the corresponding pages must not:

(a) Create frames around any page on our site or employ techniques that alter the visual presentation or appearance of any content within our site.

(b) Misrepresent your relationship with Coalfire.

(c) Imply that Coalfire approves or endorses you, your website, or your service or product offerings.

(d) Present false or misleading information about Coalfire or its products or services.

(e) Convey false or misleading impressions about Coalfire or otherwise harm the goodwill associated with the Coalfire name or trademarks.

As an additional condition for linking to our site, you acknowledge that Coalfire reserves the right, at any time and at its sole discretion, to terminate permission to link to our site. In such an event, you agree to promptly remove all links to our site and cease any associated use of Coalfire trademarks.

10. Third-Party Websites

Our site may feature links to third-party websites, which are not under the control of Coalfire. Coalfire does not make any representations about these third-party websites. Your decision to access a non-Coalfire website is entirely at your own risk. Coalfire cannot be held responsible for the reliability of any data, opinions, advice, or statements presented on third-party websites.

We provide these links solely for your convenience, and their inclusion does not imply Coalfire's endorsement, recommendation, or acceptance of responsibility for the content of such websites. It's important to recognize that, when navigating to third-party websites from ours, the privacy terms of those third parties (not Coalfire's) will govern your subsequent browsing activity.

Please take a moment to review the applicable privacy statements on any co-branded site you visit, as they may differ from ours. Additionally, it's crucial to note that Coalfire is not a party to or responsible for any transactions you may enter with third-parties, even if you discover them through a link on a Coalfire website.

When you access a non-Coalfire-controlled website, even one displaying a Coalfire logo, it operates independently from Coalfire, and we do not control its content. We strongly advise you to take precautions against viruses, worms, Trojan horses, and other potentially destructive programs, ensuring the protection of your information.

11. Offering Availability

Our site may contain references or cross-references to Coalfire products, services, or programs that have not been announced or are currently unavailable in your country or region. It's crucial to understand that these references do not signify Coalfire's intention to announce or make available such products, services, or programs in your specific country or region.

12. Export Control

While our site doesn't facilitate direct software downloads, it's important to address export control for clarity:

Software referenced on our site, even if not directly downloadable, remains subject to applicable export laws and regulations, including the U.S. Export Administration Regulations. It is expressly prohibited to export or reexport software in violation of these laws and regulations.

Your engagement with any software, whether through download, purchase, or usage from our site, indicates your acknowledgment of this notice. By doing so, you affirm that you have read and comprehended this statement and commit to compliance with all pertinent export laws and regulations, as further elucidated in the applicable license agreement.

13. DISCLAIMER OF WARRANTY

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER. COALFIRE EXPLICITLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITATION, COALFIRE MAKES NO WARRANTY OR GUARANTEE THAT OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. COALFIRE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR DOCUMENTS REFERENCED BY OR LINKED TO THIS SITE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM OUR SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. IN DOING SO, YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING THE LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. PLEASE BE AWARE THAT IN SOME JURISDICTIONS, THE EXCLUSION OF WARRANTIES MAY NOT BE APPLICABLE TO YOU.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COALFIRE DISCLAIMS ANY LIABILITY TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE RELATED TO OR ARISING FROM OUR SITE OR ANY USE THEREOF. THIS EXTENDS TO ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH OUR SITE, AS WELL AS THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES.

THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES SUCH AS LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR THE LOSS OF PROGRAMS OR OTHER DATA. EVEN IF COALFIRE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THIS EXCLUSION AND WAIVER OF LIABILITY APPLY TO ALL CAUSES OF ACTION—WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

15. Indemnity

By using our site, you undertake to accept responsibility for any third-party claims against Coalfire arising from your actions. You agree to defend, hold harmless, and indemnify us from any and all claims, damages, costs, debts, losses, liabilities, obligations, injuries, and expenses, including reasonable attorney's fees and costs. These may arise from your use of and access to our site, any violation by you of these Terms of Use, any infringement by you of any third-party right, and any claims against you asserting that your submission caused damage to a third party.

Furthermore, you agree to indemnify and waive any rights to the contrary against Coalfire for claims that you or a third party may assert based on your use of our site. It's important to note that these claims may exist at the time you accept these Terms of Use but are either unknown or unsuspected at that time.

16. Client Feedback, Queries, Complaints, and Dispute Resolution

16.1 Contact Information. For feedback, general questions, or support, please contact us at support@coalfire.com. For legal documents, including civil subpoenas and complaints, Coalfire requires service through our registered agent for service of process. For any law enforcement agency requests, please visit our Guidelines for Law Enforcement page.

16.2 Formal Complaint Process. If you have a complaint with Coalfire, you commit to first reaching out to our support team to attempt an amicable resolution. In the event the dispute remains unresolved through Coalfire Support, you agree to initiate the Formal Complaint Process before filing any arbitration claim or small claims action. Completion of this process is mandatory before pursuing arbitration or a small claims action. Failure to complete it renders your claim or action subject to dismissal from arbitration or small claims court.

16.21 Procedural Steps. Should the dispute persist beyond your initial contact with Coalfire Support, follow the procedural steps outlined below:

(a) Submit a written complaint via mail or postal mail, including comprehensive information about your complaint, desired resolution, and relevant details such as your support case number.

(b) Upon submission, we will acknowledge receipt of your complaint form. Our Legal & Compliance Team will review and evaluate your complaint based on the provided information and Coalfire's records.

(c) The Formal Complaint Process concludes either upon Coalfire's response to your complaint or forty-five (45) business days after we receive your complaint, whichever comes first.

17. Entire Agreement and Applicable Law

Unless otherwise mandated by law, these terms are governed by the laws of the State of New York, United States of America. In the event that any term within these Terms of Use is deemed unenforceable by competent judicial authority in any respect, the validity of the remaining terms will remain unaffected. This preservation of validity is contingent upon the unenforceability not materially impacting the parties’ rights under these Terms of Use.

18. Questions and Comments

For any inquiries or comments concerning these Terms of Use, please reach out to us at:

Coalfire Systems, Inc.
330 N Wabash Ave, Suite 1430
Chicago, IL, 60611

Phone Numbers:
(877) 224-8077 (USA/Canada)
(703) 760-3801 (Federal)

Email:
legal@coalfire.com 

Your feedback is valued, and we are here to address any questions or concerns you may have. 

Back to top