Node Security Terms of Service

These Node Security Terms of Service (“Agreement”) constitute a legal agreement between you (“You”) and ^Lift Security d/b/a &Yet, LLC (“^Lift”).

^Lift provides a service which enables users to retrieve vulnerability information on certain third party dependencies in code (“Node Security”). This information may include, but is not limited to: any known vulnerabilities, current state of the security audit on the dependency, and the existence of documentation around the code. The Node Security service may be provided to you through a web application, e-mail notification, API, or as otherwise made available by ^Lift.

For a monthly or annual payment, users gain access to Node Security through the use of a unique key issued to them (an “Account”).

You represent that you have the authority to bind the party being issued access to Node Security. In exchange for use and access to Node Security, you further agree to be bound by the terms of this Agreement.

1. Permissions on Use

A. General: You may use Node Security and the information received from Node Security only in accordance with the terms and conditions of this Agreement, regardless of whether Node Security is accessed by you in an automated or manual fashion.

B. Responsibility: You are solely responsible for any and all use of Node Security through your Account. You agree to not to share your Account with any person who is not your agent or employee authorized to act on your behalf. You agree to only create a single Account to access Node Security.

C. Payment: You agree to pay all charges arising from use of Node Security. You will be charged on a monthly or annual basis depending on your subscription arrangement with ^Lift.

2. Limitations on Use

A. No Resale: Node Security may be used solely for your own personal or internal business purposes. You may not reproduce, duplicate, copy, sell, trade, lease, rent or provide to any other third-party (i) any data retrieved through Node Security, (ii) any report or analysis developed using Node Security, (iii) use of Node Security, or (iv) access to Node Security. Exceptions may be made for reports or analyses developed using Node Security only with the written consent of ^Lift.

B. Reverse Engineering: You may not reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation), decompile or otherwise attempt to expose the source code of Node Security. You further agree not to create any derivative works of Node Security, or otherwise use Node Security except as expressly provided in this Agreement.

C. Copyright: ^Lift owns all rights, title, and interest in and to Node Security. This Agreement does not grant you any right, title, or interest in any intellectual property owned or licensed by ^Lift, including, but not limited to, Node Security. All copyrightable materials generated by Node Security are licensed to you only for the duration of your subscription and as otherwise limited by the terms of this Agreement. Upon the termination of the subscription or termination of this Agreement, you shall have no right or license to any of these copyrightable materials and will delete all copies. You hereby release and covenant not to pursue any claim against ^Lift and any of its licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims pertaining to any intellectual property developed in connection with or using Node Security.

3. Changes to the Agreement

A. Termination: ^Lift may terminate this Agreement or discontinue Node Security or any portion thereof for any or no reason and at any time without liability to you. The violation of any of the terms of the Agreement by you shall result in the automatic termination of all licenses without notice to all copyrightable materials generated by Node Security.

B. Modifications: At any time and without notice, ^Lift may, in its sole discretion, modify any of the terms and conditions within this Agreement. This modification is effective immediately on the posting of a change to this website or otherwise notifying you. The only recourse available if a modification is unacceptable is to discontinue usage of Node Security. Continued usage of Node Security will constitute an effective acceptance of the modifications.

4. Additional Legal Rights

A. Indemnification: You shall indemnify, defend and hold ^Lift, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Losses") arising out of or related to any act or omission by you in using Node Security, or relating to the development, operation, maintenance, use and contents of Node Security. At ^Lift's option, you shall assume control of the defense and settlement of any Loss subject to indemnification by you (provided that, in such event, ^Lift may at any time thereafter elect to take over control of the defense and settlement of any such Loss, and in any event, you shall not settle any such Loss without ^Lift's prior written consent).

B. Disclaimer: Node Security is provided on an “as is,” “as available” basis. ^LIFT DOES NOT GUARANTEE THE TIMELINESS OR ACCURACY OF DATA AVAILABLE THROUGH NODE SECURITY. ^LIFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS, AND NO ADVICE OR INFORMATION FROM ^LIFT SHALL BE DEEMED TO CREATE SUCH A WARRANTY. NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, OR OTHERWISE ARE GIVEN. ^LIFT DOES NOT OFFER ANY GUARANTEES THAT YOUR SYSTEMS WILL BE SECURE FROM EVERY FORM OF ATTACK AFTER USE OF NODE SECURITY, OR THAT NODE SECURITY WILL EXPOSE EVERY VULNERABILITY OR CONFIGURATION ISSUE. ANY USE OR RELIANCE UPON NODE SECURITY BY YOU ARE AT YOUR OWN RISK.

C. Limitation of Liability: THE CUMULATIVE LIABILITY OF ^LIFT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS TO YOU UNDER THIS AGREEMENT IS LIMITED TO THE PRICE PAID FOR NODE SECURITY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM. IN NO EVENT SHALL ^LIFT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING. THIS LIMITATION SHALL APPLY BUT NOT BE LIMITED TO LOST INCOME, REVENUE, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES. IT WILL ALSO APPLY IRRESPECTIVE OF WHETHER THE LIABILITY ARISES UNDER CONTRACT, TORT, OR ANY OTHER THEORY.

D. Uptime: ^Lift shall make good faith efforts to ensure continuous uptime and availability of Node Security. However, Node Security is subject to interruption, technical error, third-party issues, and other sources of failure. ^Lift does not make a guarantee of 100% uptime.

5. Miscellaneous

A. Severability: In the case that any provision of this Agreement is held to be invalid or unenforceable, it will be enforced to the extent permitted by applicable law, and the remaining provisions of the Agreement shall remain in full force and effect.

B. Interpretation: Any construction or interpretation to be made of the Agreement shall not be construed against the drafter. Any rights not expressly granted herein to the parties are reserved.

C. Waiver: A party's failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.

D. Relationship: You and ^Lift shall be and act independently. This Agreement shall not be construed to create a partnership, joint venture, agent, employee, or employer relationship between the parties. You shall not have authority to assume or create obligations on behalf of ^Lift, and you shall not attempt to do so.

E. Headings: The headings of the sections of this Agreement shall have no substantive effect and shall not enter into the interpretation of these sections.

F. Choice of Law: The Agreement shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and ^Lift agree to submit to the personal jurisdiction of the courts located within the county of Benton, Washington.

G. Entire Agreement: This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.