Terms and Conditions
The legal stuff that everyone hates!
Please read our terms of use in conjunction with our privacy statement. This is the information you need to read and accept if you’re using our website and or services. It's a lot but it's here to protect you as well as us. Don't worry we're good guys and gals and believe everything can be solved without the use of courts and the judicial system, but just in case, that's why it' here.
In the following paragraphs “our” and “we” means Johnny B. Secure LLC, and “you” means our customers or any user of our website or services.
Privacy |
You may browse and access information contained within this website without providing any personal information. Where you voluntarily provide personal information (i.e. through online forms or email requests) we will only use it to communicate with you. We will keep any such information secure and will not disclose it to any third parties unless required by law. To view any personal information held by us, or if you have any concerns about personal information that we hold and wish to request its correction, please email: privacy@johnnybsecure.com
Some parts of our website let you provide comments relating to this website or information provided on it. All comments will be regarded as public information. If any comments are made available on a public noticeboard, we do not make any representations about, endorse or accept responsibility for the content or views of those comments.
We will remove any comments that are defamatory, offensive or unlawful and reserve the right to remove any comments that we deem inappropriate for our site. We do use aggregated information to measure visitor numbers to our website to assist us in making our website better.
Copyright |
The design and content copyright of this site is owned by Johnny B. Secure limited and therefore protected by copyright law. You may reproduce or store content from our site for your own use provided that you do not modify that content. Information on this website must not be used in a commercial context unless written permission has been given by Johnny B. Secure LLC. In all cases you must include any copyright notices that originally appear in the content.
For material on this website that is identified as being subject to the copyright of a third party, authorization to reproduce such material must be obtained from that copyright holder.
Accuracy and Completeness |
Johnny B. Secure endeavors to ensure that information provided on our website is accurate, current and complete and we make no warranty, express or implied, as to its content. We are not liable for any omissions, errors or inaccuracies on this site but we will immediately correct the issue once we become aware of it.
Johnny B. Secure’s website may be updated without notice.
Links |
Our website may contain links to other websites, and some information may be provided by third parties. We provide these links for convenience and information purposes only and as such we have no control over and accept no responsibility and will not be liable for other parties’ site content, views, or terms of use. Please contact the third parties directly if you need clarification or comment on their site information.
Security |
We do our best to keep our site secure and confidential. We cannot take responsibility for any breach of security that is outside our control. Please take precautions from your end to check that any information you access via our website is free from destructive entities such as viruses or worms.
We will never ask you to send highly sensitive data by unsecured methods. Please do not respond with sensitive information as it will promptly be deleted. We will provide information on how to send us sensitive information and you must use that channel.
Services |
While we are professionals and do our best, please understand that accidents can happen. When you purchase a service or feature from Johnny B. Secure, we will provide it to the best of our abilities. If something goes wrong, we will do everything possible to correct it. If it is beyond our ability or due to an external factor (i.e. hosting provider, lack of controls) we will refer you to someone who can correct this issue (in the case of hosting provider issues) or may assess a fee (i.e. you deleted a backup or changed a setting) to correct it.
You agree to not hold Johnny B. Secure, it's employees, contractors, or any other party directly affiliated with us liable for damages. Technology is an ever changing world and it does so at a rapid pace. Security incidents like 0 day and unknown exploits are out there and often have no fix or way to mitigate until the vendor provides a solution. We are not able to secure any system completely, but we use well known and good practices to do our best. Please refer to the Indemnity and Arbitration sections of this document for dispute resolution.
Dispute Resolutions
Disclaimer |
The services are provided "as is" and "as available." Johnny B. Secure disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Johnny B. Secure makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any goods or services obtained through the use of the services, or that the services will be uninterrupted or error-free.
You agree that the entire risk arising out of your use of the services, and any third party good or services obtained in connection therewith, remains solely with you, to the maximum extent permitted by applicable law.
This disclaimer does not alter your rights as a consumer to the extent not permitted under the law in the jurisdiction of your place of residence.
Limitation of Liability |
Johnny B. Secure shall not be liable to you for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage, even if Johnny B. Secure has been advised of the possibility of such damages. Johnny B. Secure shall not be liable for any damages, liability or losses incurred by you arising out of:
- Your use of or reliance on the services or your inability to access or use the services.
- Any transaction or relationship between you and any third party provider, even if Johnny B. Secure has been advised of the possibility of such damages. Johnny B. Secure shall not be liable for delay or failure in performance resulting from causes beyond Johnny B. Secure's reasonable control.
These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction of your place of residence.
Indemnity |
You agree to indemnify and hold Johnny B. Secure and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:
- Your use of the Services.
- Your breach or violation of any of these Terms and Conditions.
- Johnny B. Secure's use of your User Content.
- Your violation of the rights of any third party, including Third Party Providers.
Choice of Law |
These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles.
Arbitration |
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of our services (collectively, "Disputes") will be settled by binding arbitration between you and Johnny B. Secure, except that each party retains the right to bring an individual action in small claims court and the right to seek injunction or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, loss of business or other intellectual property rights.
You acknowledge and agree that you and Johnny B. Secure are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Johnny B. Secure otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
If this preceding paragraphs are held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms and Conditions.
Arbitration Rules and Governing Law |
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process |
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Johnny B. Secure otherwise agree, the arbitration will be conducted in Leon County, Tallahassee Florida. If your claim does not exceed $1,000, then the arbitration will be conducted solely on the basis of documents you and Johnny B. Secure submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $1,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision |
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunction relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.
If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Johnny B. Secure will seek, and not waive any rights Johnny B. Secure may have under applicable law to recover, attorneys' fees and expenses if Johnny B. Secure prevail in arbitration.
Fees
You're responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.