By acknowledging consent to this disclaimer, accessing, or using the SynOps software ("SynOps") and the associated External Attack Surface Assessment Report (the "Report") provided by hadengrey LLC, a Colorado limited liability company (the "Company"), you acknowledge, understand, and expressly agree to the following terms, which are legally binding on you and any entity you represent:
1. Informational purposes only: The Report and SynOps are provided solely for general informational purposes. The Report is based entirely on open-source intelligence (OSINT) and publicly available data as of the date indicated. The Company does not scan, probe, or interact with any systems belonging to the recipient or third parties; all data is derived from existing public sources.
2. Assumption of Risk: By accessing or using SynOps and a Report, you acknowledge and agree that any use, reliance upon, or implementation of information, findings, or recommendations provided by SynOps or the Report is solely at your own risk. You understand and accept that security analysis, the interpretation of open-source intelligence data, and cybersecurity decision-making inherently involve uncertainty and may result in errors, omissions, or incomplete assessments.
You expressly assume all risks associated with the use of SynOps and the Report, including but not limited to the risk of acting on potentially outdated, incomplete, or inaccurate information, as well as the potential for business interruption, security incidents, data loss, or other adverse consequences. You further acknowledge that SynOps and the Report do not constitute a comprehensive security audit, penetration test, or substitute for a thorough review by qualified cybersecurity professionals.
BY PROCEEDING, YOU CONFIRM YOUR UNDERSTANDING AND VOLUNTARY ACCEPTANCE OF THESE RISKS.
3. Independent verification: All findings and recommendations must be independently verified and validated by the user or their authorized representatives before implementing any changes or taking any actions.
4. No Guarantee of Continued Service; No Liability for Interruptions: the Company makes no representations, warranties, or guarantees regarding the continued availability, accessibility, or uninterrupted operation of SynOps or any related services. The Company may suspend, discontinue, or modify the availability of SynOps or any features at any time, with or without notice, and shall not be liable to you or any third party for any such suspension, discontinuation, modification, interruption, or unavailability.
You acknowledge and agree that the Company shall not be responsible or liable for any losses, damages, costs, or expenses, including but not limited to lost data, lost profits, or business interruption, arising from or relating to any delay, failure, interruption, unavailability, performance degradation, or discontinuation of SynOps, the Report, or related services, whether or not such events are within the Company's control.
5. NO WARRANTIES: THE COMPANY PROVIDES SYNOPS AND THE REPORT "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OF SYNOPS AND THE REPORT REMAINS SOLELY WITH THE USER.
6. WAIVER OF CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HADEN GREY LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR RELIANCE ON, SYNOPS, THE REPORT, OR ANY ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
7. MAXIMUM LIABILITY: BECAUSE SYNOPS AND REPORTS ARE PROVIDED AT NO COST TO YOU, IN NO EVENT SHALL THE TOTAL LIABILITY OF HADEN GREY LLC OR ITS AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RELATING TO SYNOPS, THE REPORT, OR THESE TERMS, EXCEED ONE THOUSAND U.S. DOLLARS ($1,000) IN THE AGGREGATE, REGARDLESS OF THE NATURE OR THEORY OF CLAIM.
8. Indemnification: To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, affiliates, and service providers from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and costs of investigation) arising from or in connection with your use of SynOps or the Report, including but not limited to (a) any breach of this disclaimer, (b) your use or misuse of SynOps or the Report, or (c) any violation of applicable laws or regulations.
9. Privacy Policies: Use of SynOps and generation of a Report is subject to the Company's privacy policies, as the same may be in effect from time to time. The Company does not store data beyond what is necessary to generate the Report and document who requested it (name, email, company domain). For additional details, please review our current
privacy policy.
10. Terms of Use: By indicating your consent, or by accessing, reviewing, or utilizing SynOps or any associated Report, you agree to use SynOps and all Reports solely for their intended informational purposes. You shall not reverse engineer, decompile, disassemble, copy, reproduce, modify, create derivative works from, or otherwise attempt to discover the source code or underlying structure of SynOps or any Report, in whole or in part. You acknowledge that SynOps and all Reports constitute the Company's valuable trade secrets and confidential information and that the Company reserves all intellectual property rights and grants nothing more than a limited revocable license to use SynOps and access a report for informational purposes only. You further agree not to use SynOps or any Report for any unauthorized or unapproved purposes, including but not limited to providing information technology security services to third parties or implementing any internal information technology security protocols, policies, or procedures.
Additionally, by indicating your consent, or by accessing, reviewing, or utilizing SynOps or any Report, you agree to comply with all additional terms and conditions issued or published by the Company from time to time, including, without limitation, those specified at hadengrey.com.
11. No Professional Advice: Nothing contained in SynOps or the Report constitutes, or shall be understood or construed as, professional security advice, legal advice, or a substitute for consultation with qualified professionals. You are encouraged to retain your own security or legal advisor for comprehensive assessments.
12. Acceptance: By indicating your consent, accessing, reviewing, or utilizing SynOps or accessing a Report, you confirm that you have read, understood, and agree to be bound by this disclaimer, any other terms or policies provided separately by the Company, and applicable law.
TO THE EXTENT ANY OF THE FOREGOING LIMITATIONS ARE NOT PERMITTED UNDER APPLICABLE LAW, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.