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Terms of Service

  1. I understand and agree that HECVAT Pro provides cyber security advisory services and is not a law firm or a provider of legal services. The services, forms, or templates provided by HECVAT Pro are not a substitute for professional legal or financial advice.
  2. I UNDERSTAND THAT THESE TERMS CALL FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO ME IN THE EVENT OF A DISPUTE AS DESCRIBED IN THE HECVAT PRO ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 14, BELOW.
  3. I UNDERSTAND THAT THE HECVAT PRO REVIEW OF MY INFORMATION IS LIMITED TO COMPLETENESS, ACCURACY, AND CONSISTENCY WITHIN THE CONTEXT OF CYBER SECURITY COMPLIANCE. I WILL REVIEW ALL FINAL DOCUMENTS BEFORE USING THEM FOR MY BUSINESS PURPOSES AND AGREE TO BE SOLELY RESPONSIBLE FOR THEIR CONTENT AND USE.
  4. Accuracy of Information and Third-Party Consent. To the best of my knowledge, I have provided accurate information to HECVAT Pro and have obtained all necessary third-party consents for my engagement with HECVAT Pro.
  5. Electronic Records and Signatures. I give HECVAT Pro consent to use electronic signatures where required. I understand I may withdraw my consent by emailing HECVAT Pro Customer Care at [email protected].
  6. Non-English-Speaking Customers. I understand that all materials on the HECVAT Pro site, including but not limited to questionnaires, documents, instructions, and reports, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
  7. Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD HECVAT PRO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF HECVAT PRO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF HECVAT PRO, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME.
  8. Terms of Use. I understand that the Site's general terms of use (the "Terms of Use") also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to those Terms of Use, which are incorporated herein by reference.
  9. Additional HECVAT Pro Terms. I understand that my purchase may be subject to additional terms and conditions. I understand that HECVAT Pro services are subject to the Supplemental Terms of Service for HECVAT Pro Services, and subscription services are subject to the Supplemental Terms of Service for Subscriptions. If applicable, I acknowledge that I have read and agree to the supplemental terms, which are incorporated herein by reference.
  10. Third Party Services. If I purchased a product that involves third party services, I understand that I may be required to accept additional terms located on the third party's site. The third party may contact me by email and/or phone with instructions on how to access my benefits. HECVAT PRO HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. HECVAT PRO IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF HECVAT PRO AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE HECVAT PRO SITE.
  11. Future Products and Services. If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
  12. Abandoned Orders and Refunds. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any order after 60 days have elapsed from the purchase date unless HECVAT Pro is at fault. All itemization of fees are displayed for convenience only. Refunds shall be governed by the HECVAT Pro Guarantee. Both parties acknowledge that HECVAT Pro is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to HECVAT Pro for reimbursement of our commitment to service this order.
  13. Suspended Accounts. If HECVAT Pro encounters evidence of suspicious activity in connection with my account, I acknowledge that HECVAT Pro, in its sole discretion, may opt to temporarily or permanently disable my account. Evidence of suspicious activity includes, but is not limited to, evidence that my account is being used by someone who is not authorized to do so, or evidence that revision orders are being placed to generate documents for individuals or businesses other than the parties to the original order. In the event that HECVAT Pro disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside HECVAT Pro, including me or any authorized contact. I acknowledge that HECVAT Pro will not be liable for any delays caused by these policies and procedures.
  14. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND HECVAT PRO TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 14(g), BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND HECVAT PRO FROM SUING IN COURT OR HAVING A JURY TRIAL.

(a) No Representative Actions. You and HECVAT Pro agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and HECVAT Pro and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(b) Arbitration of Disputes. Except for (i) individual actions in small claims court located in the county of your billing address or (ii) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and HECVAT Pro agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us resolved in court.

(c) Arbitration Procedures. For any Dispute that you have against HECVAT Pro, or that HECVAT Pro has against you, you and HECVAT Pro agree to attempt to resolve the Dispute informally via the following process.

  • Notice of Dispute: The party with a dispute must first send a written notice ("Notice of Dispute") to the other party. For disputes you have with HECVAT Pro, send the Notice of Dispute to: 8605 Santa Monica Blvd PMB 247850, West Hollywood, California 90069-4109 US. The Notice of Dispute must include: (a) your name, address, and contact information; (b) the nature and basis of the claim or dispute; and (c) the specific relief sought.
  • Informal Resolution Period: After the Notice of Dispute is received, both parties agree to attempt to resolve the dispute through informal negotiations. This period will last for 60 days from the date the Notice of Dispute is received unless both parties agree in writing to extend this period.
  • Initiation of Arbitration: If the dispute is not resolved within the 60-day period (or any agreed extension), either party may initiate arbitration by submitting a written Demand for Arbitration to the American Arbitration Association (AAA) and providing a copy to the other party.
  • Arbitration Rules and Forum: The arbitration will be conducted under the AAA Consumer Arbitration Rules if you are an individual using the services for personal or household use. For all other claims, the AAA Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org.
  • Arbitrator Selection: A single arbitrator will be selected in accordance with the applicable AAA rules.
  • Location of Arbitration: Unless both parties agree otherwise, any in-person hearings will be held in Los Angeles, California.
  • Arbitrator's Decision: The arbitrator will issue a written decision explaining the essential findings and conclusions on which the award is based. The arbitrator's decision will be final and binding, subject to any right of appeal under the FAA.
  • Confidentiality: The existence and content of the arbitration proceedings, including all submissions, communications, and decisions related to the arbitration, must be kept strictly confidential by both parties, except as necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

(d) Individualized Arbitration Proceedings and Remedies. You and HECVAT Pro agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law.

(e) Confidentiality. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. You and HECVAT Pro agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration.

(f) Payment of Arbitration Fees. The costs of arbitration shall be equally split between the parties, unless otherwise required by law or the applicable arbitration rules.

(g) Opt Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 14 by sending a written notice of your decision to opt out to HECVAT Pro at 8605 Santa Monica Blvd PMB 247850, West Hollywood, California 90069-4109 US. Your notice must include your name and address, your HECVAT Pro username (if any), and a clear statement that you want to opt out of this arbitration agreement.

(h) Additional Terms. If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

  1. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles County, California. You consent to personal and exclusive jurisdiction in these courts.

  1. HECVAT Pro Services. If you have purchased HECVAT Pro services, the following provisions apply to you:

(a) Scope of Services. HECVAT Pro provides assistance with completing and maintaining HECVAT (Higher Education Community Vendor Assessment Toolkit) compliance. Our services may include, but are not limited to, cyber security assessments, gap analysis, remediation planning, documentation support, and ongoing compliance maintenance.

(b) No Guarantee. HECVAT Pro does not guarantee that any services provided will ensure your compliance with all applicable laws, regulations, or standards. The services provided are for information and assistance purposes only, and should not be relied upon as legal or professional advice. We recommend consulting with legal and other professional advisors for specific advice tailored to your situation.

(c) Customer Obligations. You are responsible for providing accurate and complete information to HECVAT Pro. You are also responsible for implementing any recommended changes or controls within your organization. HECVAT Pro is not responsible for any failures or breaches resulting from your failure to implement recommended measures or controls.

  1. Confidentiality. HECVAT Pro understands the sensitive nature of the information shared during the cyber security assessment and compliance process. We will maintain the confidentiality of your information in accordance with our Privacy Policy and any separate non-disclosure agreements that may be in place.
  2. Updates and Notifications. HECVAT Pro may send you important updates and notifications related to your compliance status, industry changes, or service updates via email or through our platform. You are responsible for ensuring that your contact information is up to date and for reviewing these communications.
  3. Termination. HECVAT Pro reserves the right to terminate services to any customer who violates these Terms of Service, provides false information, or otherwise engages in conduct that may harm HECVAT Pro or its other customers.
  4. Data Protection and Privacy. HECVAT Pro is committed to protecting your privacy and handling your data in an open and transparent manner. For more information about how we collect, use, and protect your data, please refer to our Privacy Policy at https://hecvatpro.com/privacy.
  5. Intellectual Property Rights. Launchspeed LLC retains all rights, title, and interest in and to the formatting, analysis methodologies, report types, and all software tools used or developed in the course of providing services. The customer retains rights to the individual report generated for their organization and the data contained within it.
  6. Force Majeure. Neither party shall be liable for any failure or delay in performance under these Terms of Service (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under these Terms of Service, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.
  7. Modifications to Terms of Service. HECVAT Pro reserves the right to modify these Terms of Service at any time. We will provide notice of any material changes by posting the updated Terms of Service on our website and updating the "Last Updated" date at the top of this page. Your continued use of our services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to any modified terms, you must stop using the services.
  8. I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service.

Launchspeed LLC, doing business as HECVAT Pro 8605 Santa Monica Blvd PMB 247850 West Hollywood, California 90069-4109 US

Updated: August 2, 2024