Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND/OR VIEWING THIS WEBSITE, OR UTILIZING ANY OF THE SERVICES AVAILABLE ON THIS WEBSITE.

UNLESS OTHERWISE INDICATED, THIS WEBSITE AND ANY APPLICABLE OR ASSOCIATED WEBSITES (collectively, the "WEBSITE") OR WEBSITE SERVICES ARE BEING PROVIDED TO YOU BY SPARKTRUST SYSTEMS INC. ("SparkTrust"). BY USING THE WEBSITES AND/OR THE ELECTRONIC SERVICES OFFERED BY SPARKTRUST SYSTEMS VIA THE WEBSITES (THE "SERVICE(S)"), OR BY ELECTRONICALLY ACCEPTING BY CLICKING AN "I ACCEPT" BUTTON OR CHECKBOX IN THE REGISTRATION PAGES OF THE WEBSITES, YOU ARE HEREBY AGREEING TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE, INCLUDING ANY MODIFICATIONS, CHANGES OR REVISIONS TO THESE TERMS OF USE, WHICH SPARKTRUST SYSTEMS, IN ITS SOLE DISCRETION, MAY MAKE IN THE FUTURE (COLLECTIVELY THESE "TERMS OF USE") AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE.

IF YOU DO NOT FULLY AGREE WITH THESE TERMS OF USE, PLEASE EXIT THE WEBSITE(S), DO NOT REGISTER WITH THE APPLICABLE WEBSITE(s) AND/OR DO NOT FURTHER VIEW OR USE THE WEBSITE(S) AND/OR THE SERVICE(S).

1) Your Compliance with these Terms of Use

In order to determine your compliance with these Terms of Use, SparkTrust Systems may monitor your access and use of the Website(s) in accordance with the Privacy Policy for the SparkTrust Systems Website(s) such as the Privacy Policy located at http://www.sparktrust.com/privacy. You are encouraged to review the Privacy Policy for each Website you visit.

2) Your Right to Access and Use the Websites

Your right to access and use the Website(s) and/or your subscription license to access the Service(s) is personal to you. Your subscription license to access the Service(s) is not transferable and may not by assigned by you to any other person or entity unless otherwise authorized in writing by SparkTrust Systems. You are only entitled to access, view, and use the Website(s) and/or the Services for lawful purposes and pursuant to the terms and conditions of these Terms of Use. Your access and use of the Website(s) and/or the Service(s) may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of SparkTrust Systems' equipment, periodic updating, maintenance or repair activities that SparkTrust Systems may undertake from time to time, or other actions that SparkTrust Systems, in its sole discretion, may elect to take. SparkTrust Systems reserves the right to suspend or discontinue the availability of the Website(s) and/or the Service(s) for access, viewing, and use at any time in its sole discretion and without prior notice to you.

3) Term and Termination

You agree that these Terms of Use shall remain in effect for as long as you subscribe to, renew your subscription license, or use the Website(s) and/or the Service(s), provided that termination of your account and/or use of the Website(s) and/or the Service(s), shall not release you from: (i) any obligation, duties or liabilities that have been incurred prior to such termination; (ii) any obligations to pay any sums due to SparkTrust Systems pursuant to these Terms of Use; and (iii) any obligations, duties or liabilities which, from the context hereof or the nature thereof are intended to survive such termination. For the sake of clarity, Sections 7, 9, 11, 12, 14, and 21to 28 shall survive any termination of use of the Website(s) and/or the Service(s), for any reason whatsoever.

4) Registration, Identity and Authority

Any use by you of the Website(s) and/or the Service(s) will be subject to your registration and purchase of any applicable subscription licenses for your continued access and use of the Service(s). By registering or purchasing a subscription license, SparkTrust Systems hereby grants to you a limited, non-exclusive, revocable right to use the Service(s) subject to these Terms and Conditions.

Concurrently with your registration, you should select your unique combination of a user name and a password. You agree to keep user name and password confidential at all times during the term of your Service subscription.

Following registration, you will be able to use the Service(s) on a free trial basis. Any further use of the Service(s) following the trial period will be subject to you purchasing a subscription license and to the payment of the applicable Service fees set forth in the Website(s) or Service(s) details.

You agree to provide current, true, complete and accurate information in all electronic or hardcopy registration and/or subscription forms you submit in connection with using the Website(s) and/or the Service(s) and you warrant and represent that any information that you provide during the process of registration and/or subscription and/or thereafter shall be current, true, complete and accurate in all respects. You agree not to impersonate or in any way misrepresent your affiliation or authority to act on behalf of any person, company, or other entity or present false information.

By subscribing to the Service(s), you certify that you are authorized to act on behalf of and legally bind the owner(s) or licensee(s) of, or are the authorized representative of an individual, business or other legal entity having contractual usage rights granted by an Internet Service Provider ("ISP") or Web Host owning or licensed to use, any and all Internet Protocol addresses (the "IPs") and the associated computer hardware, network, storage, input/output, or electronic control devices, or software installed on such devices (the "Devices") to which you direct the Service(s) to be performed. You agree to cooperate with SparkTrust Systems in their reasonable measures to verify your identity and authority in connection with your use of the Service(s).

5) Prohibited Uses

You must never use or direct the Service(s) to interact with IPs or Devices for which you are not expressly authorized to do so. You must not use the Service(s) in such a way as to create unreasonable load on IPs or Devices to which you have directed the Service(s) to interact with, or to submit ratings, reviews, or product/service recommendations that are false or intended to deceive the viewers of the Content. You may not use any IP or Device belonging to SparkTrust Systems, directly or indirectly, to initiate, propagate, participate, direct or attempt any attack, hack, or crack, or send bandwidth saturation, malicious or potentially damaging network messages to any Device whether such Devices are owned by SparkTrust Systems or not. You must not direct any such attacks of any kind using any protocol at any of SparkTrust Systems' Devices. You must not direct bots, spiders, crawlers, or any other automated process at SparkTrust Systems' computer systems, without prior written approval. You must not, through the use of the Service(s) or by any other means, create unreasonable load on any of SparkTrust Systems' Devices. You must not use the Services or SparkTrust Systems' Devices to perform any unlawful activity including but not limited to computer crime, transmission or storage of illegal content, or content or software in violation of intellectual property and copyright laws. You must not access information on SparkTrust Systems' Devices for which you are not authorized, or which is not made available intentionally, publicly and in accordance with SparkTrust Systems' Privacy Statement. To read more about SparkTrust Systems' Privacy Policy, please visit the applicable Website(s) or visit http://www.sparktrust.com/privacy. If you should gain access to any such information for which you are not authorized, by any method or means, or for any reason, you must report it to SparkTrust Systems immediately and destroy all electronic or hard copies of such information. You must report incidents by email with return receipt requested to info@SparkTrust.com. Any breach of the above covenants will result in the immediate termination of your use of the Website(s) and the Service(s) and, if appropriate, referral to law enforcement authorities. Notwithstanding the foregoing, the parties agree that any use or disclosure of unauthorized information by you contrary to these Terms and Conditions may cause SparkTrust Systems irreparable harm, for which damages may not be adequate compensation. Therefore, you agree that SparkTrust Systems may be entitled to equitable relief, including an injunction in addition to any other remedies available.

6) Conduct and Content

You are expected to use the Service(s) in a responsible, businesslike manner in accordance with applicable laws. You are responsible for your conduct while on the Website(s), as well as for any content you post, distribute, transmit or solicit from others. You will not use the Website(s) and/or the Service(s) in such a way as to perform, distribute, link-to, transmit or solicit any Content or conduct of any type that: (a) is unlawful, libelous, fraudulent, illegal, violates a contract, or regulation; (b) is offensive, threatening, abusive, obscene, profane, insulting, harassing, harmful to minors, pornographic, invasive to another's privacy, racist, unethical, or otherwise offensive; (c) is false or intended to deceive the viewer of the Content; (d) advocates or solicits criminal or illegal behavior, including, without limitation, violence, racism, sexism, sexual orientation, inappropriate, sexually explicit, pornographic or with animosity towards any third parties; (e) infringes on a third party's intellectual property rights, copyright, or other rights; (f) constitutes unauthorized or unsolicited commercial communications such as bulk or SPAM email in accordance to the CAN-SPAM Act 2003; (g) contains any computer code designed to disrupt, damage or impair any computer or network systems and software or any harmful computer programs, including, without limitation, computer viruses, trojans, worms, back doors, or macros, or any other computer programs designed to interrupt, destroy, slow, or limit the functionality of any computer software or hardware or telecommunications equipment, whether or not any damage occurs; (h) surreptitiously intercepts, downloads, copies, detrimentally interferes with, damages, or expropriates any system, data, or personally identifying information; (i) defaces the Website(s) or Service(s) in any way; or (j) reveals your account access information such as your password or secret question. You agree to comply with all applicable laws, regulations, and SparkTrust Systems policies regarding on-line conduct and content.

7) Copyright and Intellectual Property

The names "SparkTrust Systems", "SparkTrust", "SparkTrust.com, "SparkTrust Certified" , "SparkTrustCertified.com", "eTrue", "eTrue Reviews" and the associated logos, seals, and graphics are trademarks of SparkTrust Systems, and may not be used or modified in any way by you without the prior express written permission of SparkTrust Systems, which permission may be withheld in SparkTrust Systems' sole discretion.

The data and content viewable on, contained in, or downloadable from the Website(s) and as provided by the Service(s) including without limitation, any third party product and/or service ratings, reviews, and recommendations submitted through this Website by users of such applicable product and/or services (collectively, the "Content"), is copyrighted by SparkTrust Systems. SparkTrust Systems also owns a copyright in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content in accordance with these Terms of Use does not entitle you to any ownership or intellectual property rights to the Content.

You are permitted to view, print, and/or distribute the Content in hard copy as available from the Website(s) and/or Service(s) provided that:

  1. your use of the Content is limited to your personal or commercial business use and not for any other purpose contrary to SparkTrust Systems' commercial interests;
  2. you do not copy, use or place any Content on any network or other website for any purpose, unless otherwise authorized in writing by SparkTrust;
  3. you do not modify, alter, or create derivative works of the Content; and
  4. your use of any Content must include SparkTrust Systems' copyright notice as follows: "Published ratings, reviews, and recommendations are copyright SparkTrust Systems Inc., All Rights Reserved. Use and distribution of this information is authorized and licensed from SparkTrust Systems Inc.";
  5. you grant SpartkTrust the perpetual right and license to use, display, and distribute any trademarks that may belong to you as such trademarks are included in the Content; and
  6. you immediately agree to cease your use, display, and/or distribution of any Content upon the request of SparkTrust.

Notwithstanding the foregoing, it is agreed and understood that all intellectual property rights, title, and interests in connection with the Website(s) and the Service(s), including, without limitation, copyrights, patents, trademarks, and any translations of the Website(s), and/or Service(s), or information and Content available through the Service(s) shall at all times remain the sole exclusive property of SparkTrust Systems. You agree not to directly or indirectly impair, alter, tamper, or apply for registration of any trade names or trademarks belonging to SparkTrust Systems.

8) Right to Display the SparkTrust Certified Seal and/or eTrue Reviews

Upon prior approval and authorization, you agree to use only the HTML source code provided by SparkTrust Systems for the display of the SparkTrust Certified certification seal and/or any eTrue product/service reviews. You agree to only place the SpartkTrust Certified Seal HTML code (without change or any modification) on sites that are actively being scanned via the Service(s) and certified as being compliant with the site certification requirements as set forth by SparkTrust Systems, such site certification requirements which may be modified from time to time by SparkTrust Systems at its sole discretion. The SparkTrust Certified seal and any eTrue reviews shall at all times be served only from SparkTrust Systems' designated servers and remains under the full control of SparkTrust Systems. SparkTrust Systems shall have the right to discontinue serving of the seal should it be used by you with respect to any site that is not actively being scanned or certified via the Services, or discontinue serving of any reviews, if you otherwise breach these Terms of Use.

9) Privacy

Please read SparkTrust Systems' Privacy Statement associated with the Website(s) and/or Service(s) which describes its privacy policies and practices. By agreeing to these Terms of Use, you also agree that SparkTrust Systems may collect and use your personally identifying information in accordance with provisions in the applicable Privacy Statement. You also agree to make your best efforts to avoid accessing or revealing private or personally identifiable information when using the Services, and to comply with any provisions of the Privacy Policy that may affect your use of the Website(s) and/or Service(s). The applicable Privacy Policy is incorporated herein by reference, and is subject to change from time to time at SparkTrust Systems' sole discretion.

10) Use of Interactive Services

Any forums, chat rooms, support tools or other interactive tools that may be associated with the Service(s) are intended as a tool to discuss computer security issues, generally available SparkTrust Systems Service(s) and other business and technical issues related to the use of the Service(s). SparkTrust Systems does not normally screen or edit user content or monitor interactive services, except as necessary to provide technical and customer support, but reserves the right to do so in its sole discretion. SparkTrust Systems is not responsible for any such user content. You bear the sole responsibility for all the Content distributed by you and for any exchange of information with others using the Website(s) and/or the Service(s).

11) Communications With You

SparkTrust Systems provides its users with the opportunity to receive special offers, products and/or services from us or our third party partners. Where you indicate the desire to receive certain offers, products or services from a third party, your email address that was provided during that SparkTrust information collection process may be shared with the applicable third party so that such third party may provide their product or service to you. When you submit your email address through the Website, you have opted-in to receive information and marketing communications from the SparkTrust Systems. To opt-out of having certain marketing communications sent to you in the future, you will be required to unsubscribe with the applicable third parties. To stop receiving future e-mail marketing communications from SparkTrust Systems, please follow the opt-out process in the applicable marketing communications. SparkTrust Systems may maintain separate e-mail lists for different purposes. If e-mail recipients wish to end their e-mail subscription from a particular list, they need to follow the instructions at the end of each e-mail marketing message to unsubscribe from the particular list. If you have opted-out from receiving email marketing communications from SparkTrust Systems, we retain the right to continue to contact you in connection with your direct relationship, activities, transactions, and communications with us. For more information about SparkTrust Systems' Privacy Policy, please go to http://www.sparktrust.com/privacy

12) Confidentiality

You may, by using the Service(s) or by contact with SparkTrust Systems employees, officers, directors, and permitted assigns, come into contact with information that will be deemed as confidential information, including without limitation, trade secrets, methods, details about product or Service features, enhancement, or release plans, and business or marketing plans ("Confidential Information") which is considered to be proprietary and confidential. You agree to hold any Confidential Information in strict confidence, not to disclose or divulge same to any third party, to take reasonable measures to keep it secure and not to use any Confidential Information for any purpose whatsoever, except as expressly authorized by SparkTrust Systems. The term Confidential Information as used herein shall not include any information that: i) is or becomes part of the public domain, through no action on your part; ii) is prior approved for public release by SparkTrust Systems; iii) has been known by you prior to receipt of such information; iv) is required to be disclosed by law, or to a competent court, government, or regulatory body having the right to same, provided that you immediately notify SparkTrust Systems of such required disclosure and SparkTrust Systems is given the opportunity to seek a protective order. You agree that any use or disclosure of any Confidential Information by you contrary to these Terms and Conditions may cause SparkTrust Systems irreparable harm, for which damages may not be adequate compensation. Therefore, you agree that SparkTrust Systems may be entitled to equitable relief, including an injunction in addition to any other remedies available. You agree to abide by these terms for three years after you stop using the Services.

13) Password and Security

You agree to maintain your account in a secure way and your user name and password shall be kept confidential. You may not reveal your user name or password or secret question to any third party in any way or for any reason unless required to be disclosed by law. In order to secure your confidentiality, SparkTrust Systems strongly recommends that you change your password frequently.

You may not provide access to the Services by; (a) allowing a third party to use your account after you log in, whether intentional or otherwise; (b) creating an account for a third party who is not authorized to perform the role or view the information for which you have granted access; or (c) failing to revoke access for those who are no longer authorized to access the Services for any reason.

You will immediately notify SparkTrust Systems if the security of your account is compromised in any way and of any unauthorized access to your account or the accounts of others for which you have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit the password of another user of the Service(s) for any reason and you will not access, disrupt, interfere, or limit the functioning or access of another user's account or their ability to access the Service(s).

You acknowledge and agree SparkTrust Systems is not and shall not be liable for any damages resulting from any other parties' use of or access to your account regardless of whether other parties use or access is with or without your knowledge or consent.

You may cancel your access to the Service(s) at any time through the Website's user interface, or by providing written notice to support@SparkTrust.com. Such notice will be effective upon SparkTrust Systems' email confirmation and receipt of your Service(s) cancellation request.

14) Payment

Payment of subscription licenses for your continued use of the Service(s) shall be made either on a monthly or yearly basis, in accordance with the payment instructions selected by you during the subscription process.

15) Billing Information

You agree to promptly provide SparkTrust Systems with any changes to your account and payment billing information, such as credit card information and contact information (including without limitation, email address, physical address, and telephone number). Failure to provide or update this information may result in suspension or termination of your access to the Service(s).

16) Change of Fees

SparkTrust Systems may change the fees for any of the Service(s) at any time upon notice to you. If you have already purchased a subscription license for the Services at the fees payable prior to such notice, the change in subscription license fees shall take effect on the next payment date (monthly or annually) applicable to you.

17) Termination or Suspension of Account

SparkTrust Systems may choose to discontinue or suspend the Services at any time, without cause or prior notice to you. Upon termination, you will be responsible for current charges up to and including the day of termination, including outstanding balances and late fees.

18) Automatic Renewal

You agree that the Services are subscription based and will automatically renew following the expiration of your current subscription period, as indicated in the subscription form, and at the current fee for the Service(s) until such time you request otherwise in writing no less than fifteen (15) days prior to the beginning of the next subscription billing cycle that you wish to terminate your access to the Service(s).

19) Default

You are in default of these Terms of Use if you fail to pay any amount owed to SparkTrust Systems when due, subject to a ten (10) day grace period, or you fail to otherwise comply with these Terms of Use. Unless otherwise stated, fees for Services (monthly or annually, as applicable) are due in advance and subject to payment and Service delivery terms found in your invoice(s) and incorporated here by reference. If you are in default, SparkTrust Systems may take any or all of the following actions to remedy the default and protect its interests: (a) declare all unpaid monies immediately due and payable; (b) terminate your access to the Services; and (c) take any other lawful action SparkTrust Systems may deem appropriate to enforce your obligations under these Terms of Use. You agree to pay the costs and any reasonable attorney's fees that SparkTrust Systems may incur to enforce its rights under these Terms of Use.

20) Indemnification

You agree to indemnify, hold harmless, and defend SparkTrust Systems, its officers, directors, employers, agents, suppliers, licensors, and third party information providers or other related parties from and against all losses, damages, costs, and attorney's fees ("Claims") resulting from any violation of these Terms of Use or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any use of the information that becomes available to you through your use of the Service(s).

21) Warranty/Disclaimer

THE WEBSITE(S) AND ALL SERVICE(S) AND OTHER MATERIALS (IF ANY) PROVIDED BY SPARKTRUST SYSTEMS ARE FURNISHED BY SPARKTRUST SYSTEMS AND ACCEPTED BY YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND.

YOU UNDERSTAND THAT ASSESSING COMPUTER SECURITY IS HIGHLY COMPLEX AND CHANGEABLE. SPARKTRUST SYSTEMS MAKES NO WARRANTY THAT THE SERVICE(S) WILL FIND EVERY VULNERABILITY IN YOUR NETWORK OR SERVER(S), OR THAT THE SOLUTIONS SUGGESTED AND ADVICE PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE OR ERROR-FREE.

SPARKTRUST SYSTEMS SHALL BE HELD HARMLESS AND FREE FROM ALL LIABILITIES FOR ANY USE OR APPLICATION OF THE INFORMATION PROVIDED THROUGH AND IN CONNECTION WITH USING THE SERVICES.

ADDITIONALLY, SPARKTRUST SYSTEMS MAKES NO WARRANTY THAT THE WEBSITE(S) AND/OR THE SERVICE(S) WILL ALWAYS BE AVAILABLE, THAT THEY WILL BE ERROR FREE, SECURE AND UNINTERRUPTED, THAT THEY ARE FREE FROM VIRUSES OR HARMFUL COMPONENTS, OR THAT THEY WILL MEET YOUR REQUIREMENTS.

YOU SHALL BEAR THE ENTIRE RISK AS TO THE USE OF THE WEBSITE(S) AND/OR THE SERVICE(S), ANY RELATED THIRD PARTY SERVICES AND ANY OTHER MATERIALS PROVIDED BY SPARKTRUST SYSTEMS OR ANY OTHER THIRD PARTY, INCLUDING FOR QUALITY AND PERFORMANCE AND FOR ACCURACY OR QUALITY OF ANY INFORMATION TRANSMITTED, RECEIVED OR OTHERWISE DELIVERED VIA THE WEBSITE(S), AND ANY RELATED SERVICE(S) AND OTHER MATERIALS.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES AS A RESULT OF USING THE SERVICE(S).

TO THE EXTENT PERMITTED BY LAW, SPARKTRUST SYSTEMS MAKES NO WARANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, ACCURACY, TIMELINESS, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

22) Limitation of Liability

You agree that your use of the Website(s) and/or Service(s) is at your own risk. SparkTrust Systems, its officer's, directors and employees are not responsible for your use of the Website and/or Services or any information that is available to you through the Service(s).

YOU EXPRESSLY AGREE THAT SPARKTRUST SYSTEMS SHALL HAVE NO LIABILITY OR OBLIGATION, WHETHER ARISING FROM CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY OR OTHERWISE, FOR ANY LOSS OF REVENUE, PROFIT, DATA, USE OF MONEY, USE OF TIME, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, FORESEEN, FORESEEABLE, UNFORESEEABLE, OR OTHERWISE, ARISING FROM YOUR USE OR THE INABILITY TO USE THE WEBSITE(S), THE PERFORMANCE OF THE WEBSITES, OR YOUR USE OF THE SERVICE(S), TO THE EXTENT ALLOWED BY LAW. THIS LIMITATION APPLIES TO ALL CLAIMS OR CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM SERVICE AVAILABILITY, YOUR ACCESS AND USE OF THIRD PARTY SERVICES, CONTENT OR SOFTWARE, OR ANY OTHER MATTER RELATING TO THE SERVICES.

23) Modification of Terms and Services

SparkTrust Systems reserves the right to modify, change or revise these Terms of Use from time to time. The modified terms will be posted on this Website. You should check here from time to time for updates. You agree that your use and continued use of the Website(s) and/or the Service(s) after such modifications, changes or revisions, will be deemed full and adequate acceptance of the modified, changed or revised Terms of Use.

24) Entire Agreement

You acknowledge that these Terms of Use constitute the entire agreement between you and SparkTrust Systems with regard to the applicable Website(s) and Service(s). You agree that these terms supersede any prior agreements or statements made verbally or in writing relating to these Terms of Use, with the exception of any Confidentiality Agreements or any other agreements that have been executed between the parties that are not directly related to these Terms and Conditions.

25) Severability

If any provision of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of law, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

26) Governing Law

These Terms of Use will be governed exclusively by, construed and enforced in accordance with the laws of the Province of British Columbia, excluding any rules of conflict of laws thereof and the United Nations Convention on Contracts for the International Sale of Goods. . You hereby irrevocably attorney and submit to the non-exclusive jurisdiction of the Courts of Victoria, British Columbia, Canada and any competent Courts of Appeal therefrom. Notwithstanding the aforesaid, SparkTrust Systems shall be entitled to resort to courts of competent jurisdiction outside of Victoria, British Columbia to apply for an injunction, or any equivalent remedy, in order to restrain the breach of any restrictive covenants pursuant to these Terms of Use.

27) Waiver of Rights

No provision of these Terms of Use shall be deemed waived, amended or modified by you, unless such waiver, amendment or modification is in writing and signed by SparkTrust Systems. The failure of SparkTrust Systems to enforce at any time any of the provisions of these Terms of Use, or the failure to require at any time performance by you shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of a SparkTrust Systems to enforce each and every such provision thereafter.

28) Assignment

SparkTrust Systems is entitled to assign these Terms of Use without your consent; provided the party to whom these Terms of Use is assigned agrees to acknowledge your rights hereunder.

29) Web Security scan

By using the Service(s), you hereby authorize SparkTrust System's SparkTrust Certified to perform "Web Scans," as more fully described below, on any devices and domains specified in your Service(s) account. SparkTrust Certified's "Web Scans" are conducted to ascertain the compliance of network devices with certain published security standards and to disclose security vulnerabilities that may be present. Security audits are performed with the assistance of SparkTrust Systems employees or its appointed contractors, and may from time to time include additional probing and validation beyond the scope of SparkTrust Systems' automated vulnerability scanning system. In certain cases, the exploitation of a vulnerability and/or minimal extraction of data from the target server may be conducted to support SparkTrust Systems' security audit findings, or to illustrate a vulnerability to you. Security audits typically include, but are not limited to, port scanning and port connections, evaluating services by checking versions and responses to certain requests, and crawling a website to perform testing of forms, application responses, or the confirm the existence of certain files.