Code users (whether “Buyers” of IT services, “Sellers” of IT services, or others) acknowledge and agree that SecureTheVillage’s industry professional volunteers developed the Code solely for the purpose of documenting a set of minimum commercially reasonable IT security management practice guidelines and that the Code is NEITHER (i) a set of legally binding cybersecurity requirements NOR (ii) likely to be sufficient for all organizations regardless of size, including with respect to legal and regulatory compliance.
Users further recognize and agree that compliance with the Code (to any extent) is a voluntary choice on the part of users and any representations made by Sellers (including, without limitation, on the SecureTheVillage website or other materials) regarding their compliance with the Code is made solely by the applicable Sellers and not verified or confirmed in any way by SecureTheVillage. SECURETHEVILLAGE IS NOT RESPONSIBLE FOR REVIEWING, ASSESSING, MONITORING, OR ENSURING ANY SELLER’S SECURITY PRACTICES OR ADHERENCE TO THE CODE.
While SecureTheVillage hopes that the Code provides helpful guidance to Users as to the minimum set of commercially reasonable IT security management practices, Users are encouraged to make their own determinations as to the effectiveness of any information security management practices (for example, by employing independent third-party assessors).
Nor does SecureTheVillage accept any liability for any loss, damage, injury or expense arising from any errors or omission in the contents of the Code. SecureTheVillage does not commit to update the Code (including, without limitation, in accordance with any changes to any of the third party controls on which it was based) and shall not bear any liability with respect to any third party links included within the Code.
All Users recognize and agree that it is solely the USERS’ RESPONSIBILITY to (i) evaluate the risks relating to the use, accuracy, usefulness, completeness or appropriateness of the guidelines set forth in the Code, (ii) make assessments as to what is commercially reasonable for their particular organization, regardless of size (including, without limitation, the decision to rely on the Code and not to implement any non-required controls or those of third party frameworks), and (iii) make applicable legal determinations (including seeking third party legal advice as needed) as to compliance with the laws or regulations of any particular jurisdiction.
SecureTheVillage does not endorse any Seller’s services, nor the services of any contributors to the Code nor members of the SecureTheVillage community (collectively “Other Services”), and is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any Seller’s services or Other Services, regardless of the Seller’s claims of adherence to or reliance on the Code.
SECURETHEVILLAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) A SELLER’S IT SERVICES WILL MEET A BUYER’S REQUIREMENTS, (B) THE SELLER’S IT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SELLER’S IT SERVICES WILL BE SECURE, EFFECTIVE, OR RELIABLE. PARTIES AGREE THAT USE OF THE CODE IS AT THEIR OWN RISK.
PARTIES EXPRESSLY RECOGNIZE AND AGREE THAT SECURETHEVILLAGE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SECURETHEVILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OF ANY SELLER’S IT SERVICES OR ANY OTHER SERVICES; (B) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY PARTY’S INFORMATION; (C) STATEMENTS OR CONDUCT OF ANY SELLER; (D) ANY OTHER DEALINGS OR INTERACTIONS BUYERS HAVE WITH ANY SELLER, THEIR REPRESENTATIVES OR AGENTS; OR (E) ANY OTHER USE OF THE CODE BY ANY USER. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.