Financial Protection Terms and Conditions
Without expanding the foregoing, “Data Security Event” means the actual or suspected unauthorized access to or use of Personally Identifiable Information (PII), arising out of a client’s possession of or access to such PII. “Breach Related Expenses” means reasonable fees and expenses incurred by Customer, with prior written consent of the Company, for forensic audit expenses which means the costs of a security assessment conducted by a qualified security assessor, to provide notice to customers, identity monitoring, and/or restoration services to individuals whose PII may have been disclosed or otherwise compromised due to an actual or suspected unauthorized access to or use of PII, arising out of a client’s possession of or access to such PII.
In addition to the restrictions set forth above: The Customer must have completed the Security Risk Assessment (SRA) as provided by the Company and remediated all findings and risks identified in the SRA; The Customer must demonstrate that a Network Vulnerability Scan (NVS) was executed both within the service term and prior to, any Data Security Incident for which benefits are claimed, and all risks identified by the NVS were remediated; Customers must remain current at all times with respect to monies owed to the Company; Customers or its authorized agents may not intentionally attempt to breach or be negligent or reckless in their actions; Customers must not admit liability, assume any financial obligation, pay any money or incur any expense in connection with a Data Security Event without Company or Company’s designee’s prior written consent; Customer shall take reasonable steps to prevent a Data Security Event and to mitigate the loss arising out of a Data Security Event; Actions or inactions of Customer, its agents, employees, officers, directors, or members, that give arise to a Data Security Event must have arose during the time Customer used and paid for Services; and in relation to a Data Security Event, Customer shall not take any actions or fail to take any actions that would prejudice the Customer. The Company reserves the right to disqualify any Customer if, in the Company’s sole discretion, it reasonably believes that the Customer has attempted to undermine the legitimate operation of the Guarantee. The Company reserves the right to disqualify any Customer if the Company’s underwriter of the Guarantee disqualifies such Customer. The Company reserves the right to disqualify any Customer who claims benefits related to a Data Security Incident caused by a Ransomware infection. The Company reserves the right to disqualify any Customer who has experienced a Data Security Incident prior to purchase of Services, without regard to when the incident is actually discovered.
This Guarantee shall be governed by, subject to, and construed in accordance with the laws of the State of New Jersey, United States of America, excluding all conflict of laws rules. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Guarantee are hereby excluded, and all Customers expressly waive any and all such rights. By seeking the protection of the Guarantee, Customer agrees that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Guarantee will be decided by binding arbitration. All disputes between Customer and the Company of whatsoever kind or nature arising out of the Guarantee, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Morris County, New Jersey, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
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