Defend Your Business Against Cybercrime

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

These Terms and Conditions of Use, together with WhiteHawk’s Privacy Policy, set forth the terms and conditions that apply to your access and use of all of WhiteHawk’s products and services that are made available through WhiteHawk’s website, www.whitehawk.com . By using or accessing this site, you confirm your agreement with these Terms and Conditions, as updated from time to time. If you do not agree to all of these Terms and Conditions of use, do not use this site. For purposes of these Terms and Conditions, “you” shall have a meaning as applicable that includes all users of the Whitehawk Site (as defined below). Whitehawk CEC, Inc., a Delaware corporation (“WhiteHawk”) may revise and update these Terms and Conditions at any time. Your continued usage of the WhiteHawk web site (“WhiteHawk Site” or the “Site”) will mean you accept any changes.

General Information

This site is generally available 24 hours a day, 7 days a week. This site allows you to make electronic payments by credit cards or debit cards and other electronic payment methods as added to the website.

If you access this Site from any non-U.S. territory, please note you do so at your own risk and are responsible for compliance with any local laws. Individuals, organizations and businesses are free to use our Site for any lawful and ethical purpose, except as limited by these Terms and Conditions. Users with "robots," "spiders," or other automated programs may NOT visit our Site and are PROHIBITED from resending or redirecting information.

Definitions

In this Agreement, "you", "your" and “User” refers to the user of the Site. If such user is an authorized agent of a disclosed principal in whose name any Account utilized at the Site has been established, then "you", "your" and “User” refer to such principal. The words "we," "our" and "us" refer to WhiteHawk. "Account" refers to the bank account or the credit card or debit card account you designate as the payment account. "Financial Institution" refers to the bank or card issuer, which holds or issues your Account. "Agreement" refers to the terms and conditions stated below, or as amended by us from time to time. "Business Days" means Monday through Friday, except for holidays.

The Site is Informational

The contents of the Site, such as text, graphics, images, information obtained from third party software and hardware providers, and other material contained on the Site, and the customized “Cyber Risk Scorecard” and other information and reports (“Content”) are for informational purposes only. Among other things, WhiteHawk has developed and uses certain algorithms to process information provided by Users of WhiteHawk’s Site and service offerings to generate an analysis and report regarding cyber risks associated with such User’s business organization. This analysis and report relies upon the information provides by the User, as well as a database of information regarding similarly situated business organizations selected by WhiteHawk. WhiteHawk’s services also present a user with a variety of alternative solutions to address cyber risks identified through the analysis described above. The Content is not intended to be a substitute for professional information technology consulting services specifically tailored to a User’s needs. The complete prevention of all cybercrimes or fraud and mitigation of all cyber risks is not possible.

While WhiteHawk engages in internal reviews of cyber risk solutions that it presents and believes that it is presenting solutions that are “best of class” solutions for purposes of addressing cyber risks as assessed by WhiteHawk based upon information presented by you, WhiteHawk does not recommend or endorse any specific products, opinions, methods or other information that may be mentioned on the Site in connection with the use of this Site. Reliance on any information provided by WhiteHawk, WhiteHawk employees, others appearing on the Site at the invitation of WhiteHawk, or other visitors or users to the Site is solely at your own risk

Cyber Risk Scorecard

No Cyber Risk Scorecard or any other report or materials generated by WhiteHawk for you, nor any information contained therein, shall be released or used by you for any purposes other than its own internal business purposes. You shall not distribute the Cyber Risk Scorecard, or any contents thereof, to third parties. You agree to defend, indemnify and hold WhiteHawk harmless from and against any and all claims WhiteHawk receives from any third-party recipient of the Cyber Risk Scorecard or the contents of the Cyber Risk Scorecard. You acknowledge that the Cyber Risk Scorecard and any other reports and materials generated by WhiteHawk are to be used at your own risk.

Disclaimers

We disclaim, for ourselves and our vendors, all warranties, either expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. In no event will we or any of our vendors be liable for (a) errors caused by you, including but not limited to incorrect or incomplete Account or property address information or information inputted by you in connection with the generation of a Cyber Risk Scorecard, or (b) to the fullest extent permitted by applicable law, any and all damages, including indirect, special, incidental or consequential damages including, but not limited to, damages for lost profits or revenue, loss of use, loss of opportunity, loss of goodwill, costs of substitute products or services, cost of capital, governmental and regulatory sanctions, claims of customers, disclosure of confidential information, or loss of privacy, arising out of or in any way related to your use of, or inability to use, this Site. WhiteHawk shall have no liability for defects or errors in the Cyber Risk Scorecard, including any such defects or errors attributable to WhiteHawk’s reliance upon or use of data or information furnished by you and you shall defend, indemnify and hold WhiteHawk harmless from any and all claims and liability, and all losses, costs and expenses arising from the use of such data. These Terms and Conditions do not create any contractual relationship of any kind among any of our vendors and you. Accordingly, in no event will any of our vendors be liable to you under any circumstances with respect to your use of, or inability to use, this Site. In addition, in no event will we be liable for any act or omission of any third party, including but not limited to your Financial Institution, any payment system, or any provider of telecommunications services, Internet access or computer equipment or software, or for any circumstances beyond our control including, but not limited to, fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services. We are not liable for delays caused by the mail or any payment or clearinghouse system. The parties’ remedies, obligations and liabilities under these Terms and Conditions shall be exclusively those expressed in these Terms and Conditions and in lieu of any others available at law or otherwise. To the fullest extent permitted by law, releases, waivers or limitations of liability expressed in this Agreement shall apply notwithstanding the negligence, strict liability, fault, or breach of warranty or contract of the party whose liability is so released or limited. The benefit of such releases, waivers or limitations of liability shall extend to affiliates of the parties.

Privacy of Information

By accessing the Site, you acknowledge that WhiteHawk will receive certain personal information (a) when you pay with a credit card, debit card, electronic payment transaction, (b) when you create an account on the Site, and (c) when you provide WhiteHawk with information to generate a Cyber Risk Scorecard, and that you are voluntarily providing this information to WhiteHawk. WhiteHawk will not rent, sell or otherwise make available to any third party any information that identifies you or payments you make through the Site, other than to process the transaction requested by you or comply with applicable law, rule or regulation.

Prohibited Conduct

You agree not to:

a) Use the Site or any products or services made available through the Site for any illegal purpose, or in violation of any local, state, national, or international law;

b) Violate or encourage others to violate the rights of third parties, including intellectual property rights;

c) Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

d) Interfere in any way with security-related features of the Site or any products or services that are made available through the Site;

e) Interfere with the operation or any user’s enjoyment of the Site or any products or services that are made available through the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

f) Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without WhiteHawk’s express written permission;

g) Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or

h) Sell or otherwise transfer the access granted herein.

Security

To process payments securely, we use SSL (Secure Sockets Layer) , a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet, to ensure that account numbers and personal data you provide by using this Site are not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals. Although we work hard to keep this Site secure, transferring information over the Internet cannot be guaranteed to be 100% secure.

Credit/Debit Card Payment

The Credit Card and Debit Card payment service is an Internet-based service that allows you to make payments to WhiteHawk via the World Wide Web. In activating this service a User authorizes WhiteHawk or its authorized agent to debit or charge its Account which allows your payment to be forwarded to WhiteHawk, based on the payment instructions you provides on the Site, subject to these Terms and Conditions.

In Case of Errors or Questions about the Site

Questions about payments can be directed to WhiteHawk by writing to us at WhiteHawk CEC Inc., 1765 Duke Street, Alexandria, VA 22314 or call us at (703) 801-0576 between the hours of 8:30 am and 4:30 pm, Monday through Friday, except on WhiteHawk observed holidays. You agree to email us at [email protected] as soon as possible, but no later than five (5) days after you knew or should have known about any error by you, if you believes an error has been made, or there has been any unauthorized use of your Account. Of course, this is not intended to prevent you from contacting WhiteHawk after five days, but taking longer than five days may prevent WhiteHawk from being able to take corrective action in some cases. When contacting us, please be prepared to provide your name and certain other information to allow WhiteHawk to confirm your identity.

Limits on Use

You must be of legal age to use the Site. Payment must be made in U.S. dollars. You agree not to make a payment on the Site that exceeds the funds or available credit line in their Account. If you attempt to complete a transaction without sufficient funds in your Account, WhiteHawk has no obligation to complete the transaction and you agree that we may debit your Account for our returned item fee or other similar fee. Other limitations may apply and can be found on the Site. Your use of your Account may be limited by your agreement with User’s Financial Institution and by applicable law. We are not responsible for not completing a transaction as a result of any such limit on your Account, and we are not responsible if your Financial Institution fails to honor any debit against your Account. At our sole discretion, we may refuse to complete any transaction, which we have reason to believe is not made by you, may violate any law, rule or regulation, or if we have reasonable cause not to honor it. You may not authorize us in advance to make future payments, or payments that are expected to recur at regular intervals.

Intellectual Property and User Content

The Site and the content contained therein are protected by applicable copyright and other intellectual property laws, and no materials from the Site or any products or services offered through the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site or any products or services made available through the Site belong to WhiteHawk, except third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or otherwise have the right to use any content you post to the Site or any products or services offered through the Site. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact:

WhiteHawk CEC, Inc.

1765 Duke Street

Alexandria, VA 22314

Email: [email protected]

You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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. WhiteHawk has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of WhiteHawk or others.

Indemnification

You agree that you will be personally responsible for your use of the Site or any products or services offered through the Site, and you agree to defend, indemnify, and hold harmless WhiteHawk from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site or any products or services offered through the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. WhiteHawk reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Communications/Verifications

Communications to us via this Site shall in no way be deemed to constitute legal or official notice to WhiteHawk CEC Inc., its officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against WhiteHawk or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, state or local law. Nor shall communications to WhiteHawk via this Site be deemed to constitute legal or official notice for any other purpose. We ask all Users to use appropriate names and language in the name spaces, address spaces and other spaces (if any) provided on the Site. Users are prohibited from using false email addresses. WhiteHawk does not endorse the viewpoints or vouch for the accuracy or authenticity of electronic data or information available via the Internet.

Modification of the Terms

WhiteHawk reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions on your use of the Site or any products or services offered through the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms and Conditions. We will make reasonable efforts to notify you of any material changes to the Terms and Conditions, including, but not limited to, by posting a notice to our Site or by sending an email to any address you may have provided to us. Your continued use of the Site or any products or services offered through the Site following notice will be deemed acceptance of any modifications to the Terms and Conditions.

Governing Law

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS, RULES OF SUCH STATE.

Jurisdiction

You agree to consent to the personal jurisdiction of any Virginia or federal court located within Fairfax County, Virginia in any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, these Terms and Conditions, your use of the Site or the electronic payment service, so long as such court shall have subject matter jurisdiction over such suit, action or proceeding. You further agree that any cause of action arising out of these Terms and Conditions, your use of the Site or the electronic payment service, shall be deemed to have arisen from a transaction of business in the Commonwealth of Virginia.

Amendments

We may amend these Terms and Conditions from time to time. In such event, we will post the amended terms on the Web site. If you use the Web site after we post such a change on our Web site, it will constitute your agreement to the revised terms. You should terminate the use of this Web site if you do not agree with any such amendment.

Liability

You shall remain liable for all transactions you initiated through this Site, and the payment of all amounts you owe. You agree to pay all costs and expenses that we may incur in order to collect any amounts you owe under these Terms and Conditions or as a result of transactions that you initiate through the Site. An agent of a person in whose name an Account has been established warrants that it is duly authorized to use this service on behalf of the principal and that to the best of his or her knowledge and information the representations made on behalf of the principal are true and correct.

Miscellaneous

These Terms and Conditions constitute the full agreement between you and WhiteHawk related to the use of the Site and the services provided through the Site. If any provision of these Terms and Conditions is held invalid or unenforceable, all other provisions will remain in full force and effect. WhiteHawk may choose not to exercise or to delay enforcement of any of our rights under these Terms and Conditions without losing them.