LAST UPDATED: April 26, 2022
This website (“Site”) is owned and operated by BitSight Technologies, Inc. and its affiliates (collectively, “BitSight”). These Terms of Use (“Terms of Use”) contain the terms, covenants, conditions, and provisions upon which you (also referred to herein as “User” or “your”) may access and use this Site and the content, including (without limitation) the cyber risk ratings, opinions, materials, tools, products, services, publications, and information (collectively, the “Materials”) displayed on the Site.
BITSIGHT RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THESE TERMS OF USE UPON NOTICE, WHICH MAY BE GIVEN BY BITSIGHT POSTING SUCH CHANGE (OR REVISED TERMS OF USE) ON THE SITE, BY E-MAIL, OR BY ANY OTHER REASONABLE WAY. IF A CHANGE IS NOTIFIED BY A POSTING ON THE SITE, IT SHALL BE DEEMED TO TAKE EFFECT WHEN POSTED; IF A CHANGE IS NOTIFIED BY E-MAIL, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE E-MAIL IS SENT; AND IF A CHANGE IS NOTIFIED IN ANY OTHER WAY, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE RELEVANT NOTICE IS SENT OR ISSUED BY OR ON BEHALF OF BITSIGHT. YOUR CONTINUED USE OF THIS SITE FOLLOWING NOTICE OF SUCH CHANGE(S) WILL BE CONCLUSIVELY DEEMED YOUR ACCEPTANCE OF ANY CHANGES TO THESE TERMS OF USE. YOU AGREE THAT NOTICE OF CHANGES TO THESE TERMS OF USE ON THE SITE, DELIVERED BY E-MAIL, OR PROVIDED IN ANY OTHER REASONABLE WAY CONSTITUTES REASONABLE AND SUFFICIENT NOTICE.
These Terms of Use shall apply to any BitSight content on third-party social media services (e.g., a BitSight Twitter® page) that reference these Terms of Use. In such instances, the term “Site,” as used herein, shall include the applicable BitSight content.
By using this Site, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. If you do not agree to these Terms of Use, you shall neither access nor use this Site. Use of the BitSight products and services accessed through the portal (“BitSight Portal”) are governed by these Terms of Use.
Terms and Conditions
1.Grant of License. These Terms of Use provide you with a personal, revocable, non-exclusive, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of these Terms of Use. You may, on an occasional and irregular basis, print, download, and use limited amounts of Materials on the Site solely for your personal and noncommercial use and/or internal business reference purposes. In each case, you may not obscure, alter, remove, or delete any copyright or other proprietary notices or disclosures contained in or on such Materials. With the exception of the foregoing and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, repackage, redistribute, disseminate, broadcast, transmit, reproduce, publish, license, transfer, sell or re-sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use or store for subsequent use for any such purpose, any information or Materials obtained from or through this Site, without BitSight's prior written consent. Further, you may not incorporate any Materials as a component of your own product or service, or post any Materials from this Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of BitSight. You warrant to BitSight that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing, or interfering with this Site, or (ii) collecting any information about other users of this Site, including passwords, accounts, or other information.
2. Intellectual Property Rights. All Materials contained on the Site, unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The Site, its Materials, layout and design are the exclusive property of BitSight or its licensors and, except as expressly provided herein, BitSight does not grant any express or implied right in any such Materials to you. Notwithstanding anything to the contrary in these Terms of Use, including with respect to any rights expressly provided to you herein, you may not use scraping tools or other computer automation to copy or extract any Materials contained on this Site for any purpose. BitSight owns the copyright in the Site as a collective work and/or compilation, any and all databases accessible on the Site, and in the selection, coordination, arrangement, and enhancement of the Materials on the Site. “BitSight” and all other names, logos, and icons identifying BitSight and/or BitSight products and services are proprietary marks of BitSight or its licensors. Third-party trademarks displayed on the Site are the property of their respective owners.
3. Privacy Policy. By accessing the Site, you agree to, the BitSight Privacy Policy available at https://www.bitsight.com/privacy-policy, which provides a summary of BitSight personal data collection and use practices with respect to the Site.
4. Password Policy. Your use of certain portions of the Site may require a password. As part of the registration process, you must select a user name and password and provide BitSight with accurate, complete, and up-to-date information. Anyone with knowledge of your password can gain access to the restricted portions of the Site and the information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms of Use, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through this Site using your password. You will also immediately notify BitSight if you become aware of any loss or theft of your password or any unauthorized use of your password. BitSight reserves the right to delete or change a password at any time and for any reason.
5. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While BitSight has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, BitSight and its licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. BitSight and its licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
6. Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. To maintain the security and integrity of the Site, BitSight reserves the right to review and record activity on the Site to the extent permitted by law and consistent with BitSight's Privacy Policy. Any information obtained by such reviewing or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site. BitSight will also comply with all court orders involving requests for such information.
7. Links to Other Websites. BitSight may provide links, in its sole discretion, to other websites on the Internet for your convenience in locating related information and services. These websites have not necessarily been reviewed by BitSight and are maintained by third parties over which BitSight exercises no control. Accordingly, BitSight and its directors, officers, employees, agents, representatives, licensors and suppliers (together, the “BitSight Parties”) expressly disclaim any responsibility for these third-party websites, including, without limitation, for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
8. Events Beyond BitSight Control. You expressly absolve and release BitSight and BitSight licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, epidemic, pandemic, outbreak of infectious disease, severe weather, earthquakes or other natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
9. DISCLAIMERS. BitSight obtains all Materials furnished on the Site from sources believed by it to be accurate and reliable. You expressly agree that the cyber risk ratings provided via the Site are, and will be construed solely as, statements of opinion of the relative cyber risk of entities and not statements of current or historical fact, investment or financial advice, recommendations to purchase, hold or sell any securities, endorsements of the accuracy of any of the data or conclusions, or attempts to independently assess or vouch for the financial condition of any company.
For the avoidance of doubt, BitSight Materials and opinions may also include data and output from continuous monitoring, executive reporting, supply chain visibility information, attack surface analytics, corporate ownership and other firmographic information, cyber insurance information, national security information, estimates of cyber risk, and related opinions or commentary published by BitSight personnel. Further, you expressly agree that any tools or information made available on the Site are not a substitute for the exercise of independent judgment and expertise. You should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters.
BitSight adopts all necessary measures so that the information it uses to provide the Materials and BitSight products and services is of sufficient quality and from sources BitSight considers to be reliable, including, when appropriate, independent third-party sources. However, BitSight is not an auditor and cannot in every instance independently verify or validate information received in the cyber risk rating process or in preparing BitSight Materials made available on the Site. Because of the possibility of human or mechanical error as well as other factors, the Site and all related Materials are provided on an “AS IS” and “AS AVAILABLE” basis without representation or warranty of any kind, and THE BITSIGHT PARTIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY RELATED MATERIALS. WITHOUT LIMITING THE FOREGOING, THE BITSIGHT PARTIES DO NOT GUARANTEE THAT ANY CYBER RISK RATING OR MATERIALS WILL ACCURATELY PREDICT CYBER RISK, OR PREVENT BAD DECISIONS REGARDING INFORMATION SECURITY THREATS, TALENT MANAGEMENT, INSURANCE, INFORMATION TECHNOLOGY OR INFORMATION SECURITY SPEND, MITIGATION STRATEGIES, REMEDIAL MEASURES, EXTENSIONS OF CREDIT, INVESTMENTS, LOANS, OR OTHER RISK RELATED DECISIONS; NOR SHALL THE BITSIGHT PARTIES BE RESPONSIBLE FOR THE CONSEQUENCES OF ANY SUCH DECISIONS.
BitSight makes no representation or warranty that any Materials on the Site are appropriate or available for use in any particular locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws, rules and regulations. BitSight may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction BitSight chooses, at any time and in BitSight's sole discretion. You agree and acknowledge that no oral or written information or advice given by BitSight or any of its employees or agents in respect to the Site shall constitute a representation or a warranty unless such information or advice is incorporated into an Other Agreement (defined below).
FURTHER, THE MATERIALS MADE AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THIS SITE OR ITS MATERIALS ARE UNAVAILABLE. MOREOVER, BITSIGHT MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE OR TO THE MATERIALS DESCRIBED OR MADE AVAILABLE ON THE SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE MATERIALS MADE AVAILABLE ON THE SITE.
BITSIGHT MATERIALS, INCLUDING CYBER RISK RATINGS, ARE NOT INTENDED FOR USE BY ANY PERSON AS A BENCHMARK AS THAT TERM IS DEFINED FOR REGULATORY PURPOSES, AND MUST NOT BE USED IN ANY WAY THAT COULD RESULT IN THEM BEING CONSIDERED A BENCHMARK.
TO THE EXTENT PERMITTED BY LAW, BITSIGHT DISCLAIMS LIABILITY TO ANY PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL LOSSES OR DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE AND ITS MATERIALS OR THE USE OF OR INABILITY TO USE THE SITE OR ANY OF ITS MATERIALS, EVEN IF ANY OF THE BITSIGHT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
TO THE EXTENT PERMITTED BY LAW, BITSIGHT DISCLAIMS LIABILITY FOR ANY DIRECT OR COMPENSATORY LOSSES OR DAMAGES CAUSED TO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO BY ANY NEGLIGENCE (BUT EXCLUDING FRAUD, WILLFUL MISCONDUCT OR ANY OTHER TYPE OF LIABILITY THAT, FOR THE AVOIDANCE OF DOUBT, BY LAW CANNOT BE EXCLUDED) ON THE PART OF, OR ANY CONTINGENCY WITHIN OR BEYOND THE CONTROL OF, BITSIGHT ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE AND ITS MATERIALS.
THE USER MUST USE ALL REASONABLE EFFORTS TO MITIGATE ANY LOSS OR DAMAGE WHATSOEVER (AND HOWSOEVER ARISING) AND NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO RELIEVE OR ABROGATE THE USER OF ANY SUCH DUTY TO MITIGATE ANY LOSS OR DAMAGE.
IN ANY EVENT, TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF BITSIGHT FOR ANY REASON WHATSOEVER RELATED TO ACCESS TO OR USE OF THIS SITE AND ITS MATERIALS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY THE USER FOR SERVICES PROVIDED VIA THIS SITE PURSUANT TO THESE TERMS OF USE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) U.S. $100.
10. Indemnity. You agree to indemnify and hold harmless BitSight, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, representatives, agents, successors, and assigns, from and against any damages, liabilities, costs, and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of the Site or any breach by you of these Terms of Use.
11. Submissions. BitSight welcomes your feedback and suggestions, including about how to improve this Site. BitSight and/or its service providers may make available through the Site an email address for comments and feedback, and/or certain services to which you are able to post comments, information and/or feedback (for example, message boards, blogs, chat features, messaging and/or comment functionalities). Any ideas, suggestions, information, feedback, know-how, material, and any other content (collectively, “Submissions”) posted and/or received through this Site, will be deemed to include a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, nonexclusive, transferable, and fully sublicensable (through multiple tiers) right and license for BitSight to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive (a) any claim to the contrary; and (b) any “moral rights” associated with your Submissions. You represent and warrant that you have all rights necessary for you to grant the foregoing license, and that each Submission you provide to the Site complies with all applicable laws, rules, and regulations. You are and remain responsible and liable for the content of any Submission. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT POST, TRANSMIT OR OTHERWISE MAKE ANY SUBMISSION. ANY SUBMISSIONS MADE ARE DONE SO AT YOUR OWN RISK. Please note, BitSight does not control any User-submitted Submissions, they do not reflect the opinion of BitSight, and BitSight does not guarantee their accuracy or endorse any of the opinions expressed. BitSight is not responsible or liable for (i) any Submissions, including, without limitation, any errors or omissions in such Submissions, links or images embedded therein, or results obtained by using any of the same; or (ii) any loss or damage caused by the Submissions or resulting from the use (including without limitation republication) or misuse thereof by any third party, including your reliance thereon.
12. Export Restrictions. No software or any other Materials associated with this Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under relevant export control laws, including, without limitation, countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such software or other Materials. By using and/or downloading any such software and/or other Materials from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
13. Governing Law. These Terms of Use, including (without limitation) any disputes relating to the Materials on the Site, whether in contract, tort, statute or otherwise, are governed by the laws of the Commonwealth of Massachusetts, without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods.
14. Dispute Resolution. THIS PARAGRAPH CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW CAREFULLY. Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the Materials on the Site, whether in contract, tort, statute, or otherwise, shall be finally resolved by arbitration. Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitration shall be conducted by one or more arbitrators in English and in accordance with the Rules of Arbitration of the International Chamber of Commerce (“Rules”), which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be Boston, Massachusetts. The decision of the arbitrator(s) shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrator(s) determines. Notwithstanding the foregoing, if you bring a claim subject to arbitration, BitSight, if so requested by you, will pay the cost of fees and deposits imposed upon you by the International Chamber of Commerce or other arbitrator to the extent that such cost exceeds the amount you would have had to pay as filing fees and initial court costs if you had filed suit in a court of competent jurisdiction. The decision of the arbitrator(s) may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in Massachusetts for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, BitSight may seek preliminary injunctive relief from a court of law in the event of a breach by you of these Terms of Use.
15. Term, Termination. These Terms of Use will take effect when you first commence using the Site. BitSight reserves the right at any time and for any reason to deny you access to the Site or any portion thereof. Termination will be effective without notice.
16. Waiver. Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by BitSight of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
17. Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and BitSight as a result of these Terms of Use or your use of this Site.
18. Severability. The provisions of these Terms of Use are severable. If any provision (or part of any provision) shall be determined to be void or unenforceable, the relevant provision or part of any provision shall be deemed deleted and these Terms of Use, and the validity and enforceability of all remaining provisions (and parts of any provisions) of these Terms of Use, shall not be affected.
19. Entire Agreement/Reservation of Rights. Your rights to use certain Materials or features available on or through this Site may be subject to separate written agreements with BitSight (“Other Agreements”). Particular pages or features of this Site with content supplied by BitSight or its licensors may have different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms of Use and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms of Use and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control with respect to such pages or features or content that are the subject of the Other Agreement(s). With the exception of any Special Terms and Other Agreements, these Terms of Use represent the entire agreement between you and BitSight with respect to your use of, and Material available on or through, the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and BitSight with respect to the Site. Any rights not expressly granted herein are reserved.
20. Third Party Beneficiaries. BitSight licensors set forth in these Terms of Use are intended to be third party beneficiaries of the terms and conditions set forth herein, as applicable to their respective products and services.
21. Assignment. You may not assign your rights and obligations under these Terms of Use without the prior written consent of BitSight. Any assignment made in violation of the foregoing prohibition shall be null and void. These Terms of Use shall be binding upon the parties hereto and their respective successors and permitted assigns.
22. Sanctions Compliance. You warrant you are familiar with, have complied with, and will comply, in all respects, with the laws and regulations regarding the offering of unlawful or improper inducements (including the U.S. Foreign Corrupt Practices Act, as amended, and other anti-corruption and anti-bribery laws). You warrant that neither you, nor any entity on whose behalf you are acting, is owned or controlled by, nor do you or such entity own or control, directly or indirectly, a person or entity that is (i) on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.K. Consolidated Financial Sanctions List maintained by Her Majesty’s Treasury; or (ii) subject to country sanctions imposed by the U.S. Government for any reason, including but not limited to being organized or headquartered in or a governmental entity of a country or territory subject to such sanctions (currently including Belarus, Cuba, Iran, North Korea, and Syria, which may be updated and changed periodically). Additionally, you, or the entity on whose behalf you are acting, warrant that you or such entity do not intend to and will not knowingly supply or use the Site to or for the benefit of any of the foregoing. You agree to notify BitSight if these circumstances change. For purposes of this provision, “owned” and “own” mean an interest of 50 percent or more and “control” means the right or ability to dictate the decisions, actions, and/or policies of an entity or its management. If you breach this Section, in addition to any other rights or remedies BitSight may have, BitSight may immediately terminate your access to the Site and any affected subscriptions.
23. Contact Information. If you would like to contact BitSight regarding these Terms of Use or the Privacy Policy, please contact:
General Counsel
BitSight Technologies, Inc.
111 Huntington Ave., Suite 2010
Boston, MA 02199
Phone: +1 617-245-0469 (privacy)
E-mail: [email protected]
If you choose to contact BitSight via e-mail regarding these Terms of Use or the Privacy Policy, respectively, please mark the subject heading of your e-mail “Terms of Use Inquiry” or “Privacy Inquiry.”