Universal Terms Of Service Agreement

Website Terms of Use

These Website Terms of Use (“Terms”) govern access to and use of the public website operated by TierFive Solutions Group Inc. (“TierFive,” “we,” “us,” or “our”), including tierfive.com, its subdomains, and its publicly accessible webpages, content, forms, tools, and functionality, collectively referred to as the “Website.”

1. Acceptance of These Terms

By accessing or using the Website after receiving notice of these Terms, submitting information through the Website, requesting a quote, creating an account, clicking a button indicating acceptance, or otherwise using Website functionality that references these Terms, you acknowledge that you have read and agree to be bound by them. If you do not agree to these Terms, you may not use Website forms, restricted functionality, automated tools, accounts, portals, or other features conditioned on acceptance of these Terms. Access to publicly available Website content does not grant permission to engage in conduct prohibited by these Terms, circumvent technical restrictions, access nonpublic systems, or use Website content for unauthorized automated, commercial, artificial-intelligence, investigative, or data-aggregation purposes.

2. Scope and Order of Precedence

These Terms govern only the public Website and interactions initiated through the public Website. These Terms do not independently govern document-conversion projects, document storage, records-management services, professional services, software subscriptions, Cirrus File Server, customer portals, secure file transfers, hosted customer data, customer records, project deliverables, or other services purchased from TierFive. Those services are governed by the applicable quote, proposal, statement of work, order form, master services agreement, subscription agreement, data processing addendum, business associate agreement, confidentiality agreement, nondisclosure agreement, service-specific terms, or other written agreement between TierFive and the customer. If these Terms conflict with an applicable written customer agreement, the applicable written customer agreement will control with respect to the products, services, records, data, projects, and parties covered by that agreement.

3. Eligibility and Authority

The Website is intended primarily for business, governmental, institutional, and professional use. You must be at least eighteen years old and legally capable of entering into a binding agreement to use any Website functionality that requires acceptance of these Terms.

If you use the Website on behalf of a company, public agency, organization, institution, or other legal entity, you represent that you are authorized to act on its behalf and to provide the information you submit. The Website is not directed to children under thirteen years of age. Children under thirteen may not submit personal information through the Website.

4. Limited License and Permitted Use

Subject to these Terms, TierFive grants you a limited, revocable, nonexclusive, nontransferable, and non-sublicensable right to access and manually view the public Website through an ordinary web browser for lawful informational and legitimate business purposes.

Permitted purposes may include:

Learning about TierFive and its services.
Evaluating TierFive as a potential service provider.
Contacting TierFive regarding a genuine business need.
Requesting legitimate information, support, or a quotation.
Reviewing publicly available information for lawful journalism, commentary, education, procurement, or due diligence.

*No right or license is granted except as expressly stated in these Terms. TierFive reserves all rights not expressly granted.

5. Prohibited Uses and Conduct

You may not access or use the Website in a manner that is unlawful, deceptive, abusive, disruptive, unauthorized, excessive, fraudulent, or inconsistent with these Terms. These restrictions apply regardless of whether the activity is conducted directly or through an employee, contractor, attorney, investigator, consultant, expert, marketer, vendor, data broker, artificial-intelligence provider, automated agent, proxy service, or other third party.

5.1 Unlawful, Harmful, or Disruptive Activity

You may not:

Use the Website in violation of any applicable law, regulation, court order, contractual obligation, or legally enforceable restriction.
Interfere with, impair, overload, degrade, disable, damage, or disrupt the Website or any related server, network, service, account, database, communication channel, or security system.
Introduce malware, ransomware, spyware, viruses, worms, Trojan horses, malicious scripts, destructive code, or other harmful technology.
Use the Website to facilitate fraud, phishing, identity theft, impersonation, harassment, extortion, unlawful surveillance, unlawful discrimination, or other wrongful activity.
Transmit content designed to deceive, harm, exploit, compromise, or unlawfully obtain information from another person or system.
Use the Website in a manner that creates an unreasonable burden on TierFive’s infrastructure, employees, vendors, communication systems, or business operations.

5.2 Spam, Solicitation, and Contact Abuse

TierFive’s contact information, forms, telephone numbers, and email addresses are provided for legitimate customer, business, support, procurement, employment, legal, and service-related communications.

You may not use them to:

Send or facilitate unsolicited advertising, bulk email, commercial solicitations, recruiting solicitations, search-engine optimization offers, website-development offers, lead-generation pitches, vendor pitches, robocalls, automated telephone calls, automated text messages, or similar outreach.
Submit repetitive, irrelevant, deceptive, fraudulent, abusive, threatening, or harassing messages through a contact form, quote form, support request, email address, telephone number, chat function, or other communication channel.
Add TierFive, its employees, or its representatives to any mailing list, marketing database, calling list, messaging campaign, sales sequence, contact-enrichment service, or automated outreach system without authorization.
Continue contacting TierFive or its personnel after being instructed to stop, except where the communication is legally protected, legally required, or reasonably necessary to address an existing contractual matter.
Harvest, collect, compile, enrich, verify, purchase, sell, license, disclose, or distribute names, email addresses, telephone numbers, titles, employee information, or other contact information obtained from the Website.
Use Website forms or contact channels primarily to advertise, solicit, build backlinks, test deliverability, verify contact information, warm email accounts, generate leads, or improve a third-party marketing database.

5.3 False, Fraudulent, or Abusive Submissions

You may not:

Submit information under a false identity, fictitious organization, spoofed address, unauthorized account, misleading affiliation, or intentionally inaccurate contact information.
Impersonate TierFive, a TierFive employee, a customer, vendor, government official, law-enforcement officer, attorney, auditor, certification body, regulator, or any other person or entity.
Submit false quote requests, fabricated project opportunities, fictitious complaints, sham requests for proposals, or inquiries not connected to a genuine business, legal, support, employment, or procurement purpose.
Submit inquiries primarily intended to consume staff time, benchmark response practices, test pricing, reconstruct proposals, obtain proprietary information, create operational disruption, or impose unnecessary costs.
Misrepresent or conceal the material purpose of an inquiry, including that information is being sought for competitive intelligence, automated data collection, litigation support, claim development, commercial resale, lead generation, solicitation, or another third party.
Submit documents, attachments, links, or content that you do not have the legal right or authority to submit.

5.4 Automated Access and Artificial Intelligence

Except where TierFive has provided prior written authorization, no person or automated system may access, retrieve, monitor, crawl, copy, collect, extract, download, index, analyze, classify, summarize, reproduce, store, transform, or otherwise use the Website or its content through automated means.

Prohibited technologies include:

Web crawlers, spiders, scrapers, bots, browser automation, headless browsers, scripts, plug-ins, autonomous agents, harvesting tools, and similar technologies.
Artificial-intelligence systems, machine-learning systems, large language models, generative-AI systems, AI assistants, automated research services, AI browsers, and autonomous AI agents.
Technologies that retrieve, process, summarize, extract, compare, classify, monitor, republish, or generate outputs based on Website content without direct human review of each individual webpage.

Without prior written authorization, Website content may not be used to:

Train, fine-tune, test, validate, evaluate, benchmark, align, ground, prompt, improve, or supplement an artificial-intelligence or machine-learning system.
Create or supplement training datasets, evaluation datasets, synthetic datasets, model weights, embeddings, vector databases, knowledge graphs, retrieval-augmented generation systems, prompt libraries, knowledge bases, or derived data products.
Generate summaries, profiles, comparisons, recommendations, classifications, derivative content, or automated answers for commercial, legal, investigative, competitive, or data-aggregation purposes.
Develop or operate a system that substitutes for visiting the Website or that reproduces a substantial portion of its informational value, structure, organization, content, or functionality.

The fact that content is publicly accessible does not constitute consent to automated collection, artificial-intelligence use, model training, dataset creation, commercial aggregation, or any other use prohibited by these Terms. Public indexing is permitted only when conducted by a recognized general-purpose search engine that:

Accurately identifies its crawler and organization.
Complies with TierFive’s published crawler instructions, robots directives, rate limits, and technical restrictions.
Uses the content primarily to provide ordinary public search results directing users to TierFive’s Website.
Does not use the content for separately prohibited AI training, commercial aggregation, profiling, dataset creation, or derivative services.

TierFive may modify or withdraw any search-engine or crawler permission at any time.

5.5 Competitive Intelligence and Commercial Data Aggregation

Without prior written authorization, you may not use the Website or its content to:

Conduct automated or systematic competitive intelligence, pricing surveillance, service comparison, proposal reconstruction, vendor profiling, benchmarking, personnel monitoring, market surveillance, or business-development research.
Build, verify, enrich, or supplement a commercial directory, lead database, vendor database, procurement database, records-conversion database, marketing list, contact database, data brokerage product, or subscription information service.
Copy TierFive’s service descriptions, sales language, proposal language, processes, methodologies, qualifications, certifications, graphics, layouts, page organization, or other content for use by a competitor or commercial provider.
Monitor changes to TierFive’s Website, pricing, personnel, services, customers, projects, capabilities, qualifications, certifications, or business relationships through automated or systematic collection.
Mirror, frame, republish, syndicate, resell, sublicense, redistribute, or commercially exploit the Website or its content.
Use Website content to develop competing marketing materials, proposals, service offerings, software, datasets, business models, or commercial products.

Ordinary manual review of public information for lawful procurement, comparison, commentary, journalism, or evaluation is not prohibited. Such review does not authorize automated collection, bulk copying, systematic downloading, commercial republication, infringement, misrepresentation, or circumvention of technical restrictions.

5.6 Security, Authentication, and System Abuse

You may not:

Attempt to gain unauthorized access to an account, customer portal, administrative interface, server, database, storage location, network, API, file, mailbox, cloud resource, or other system.
Engage in credential stuffing, password spraying, password guessing, brute-force activity, account enumeration, token testing, session hijacking, authentication bypass, or testing of stolen, leaked, or compromised credentials.
Create automated, fictitious, duplicate, unauthorized, or misleading accounts.
Scan, probe, crawl, enumerate, fuzz, test, exploit, or attempt to identify vulnerabilities without prior written authorization from TierFive.
Conduct penetration testing, load testing, denial-of-service testing, stress testing, social engineering, phishing simulation, physical security testing, or employee testing without a written authorization defining the approved systems, methods, duration, personnel, and scope.
Access, alter, delete, intercept, decrypt, export, download, retain, or disclose information that you are not expressly authorized to access.
Establish persistence, elevate privileges, move laterally, exfiltrate information, alter logs, interfere with monitoring, or conceal unauthorized activity.
Use the Website or related systems to test malware, exploits, credentials, attack tools, anonymization services, or security products.

A person who believes they have identified a potential vulnerability may report it through TierFive’s Contact page.

Reporting a suspected vulnerability does not authorize testing, exploitation, access to nonpublic information, establishment of persistence, data extraction, interruption of service, social engineering, or activity beyond what is necessary to describe the suspected issue.

5.7 Circumvention, Concealment, and Evasion

You may not:

Bypass or attempt to bypass authentication, authorization controls, CAPTCHAs, rate limits, bot protections, firewalls, web-application firewall rules, robots directives, security headers, content restrictions, or exclusion requests.
Disguise, falsify, rotate, distribute, or conceal an IP address, user agent, device, browser, account, identity, request source, referrer, telephone number, email address, domain, or organization for the purpose of avoiding a restriction or continuing prohibited activity.
Use proxy services, residential proxy networks, virtual private networks, anonymization services, compromised devices, botnets, distributed requests, multiple accounts, or third-party services to evade detection, attribution, blocking, or enforcement.
Modify the timing, frequency, format, source, or distribution of requests to avoid rate limits or security controls.
Resume or continue an activity after TierFive has blocked, restricted, objected to, or instructed you to discontinue it.
Direct, commission, purchase, or knowingly use information collected through conduct that would violate these Terms if performed directly.

5.8 Legal, Investigative, and Regulatory Requests

Attorneys, law firms, litigation support providers, litigation funders, investigators, consultants, expert witnesses, claims administrators, prospective adverse parties, competitors, and their employees, vendors, contractors, agents, or representatives are not exempt from the automated-access, misrepresentation, security, circumvention, data-collection, and commercial-use restrictions in these Terms. Nothing in these Terms prohibits a person from manually viewing publicly available Website content for a lawful purpose using an ordinary web browser.

Manual public access does not authorize:

Automated or bulk evidentiary harvesting.
Systematic downloading or archival collection.
Use of false identities or deceptive pretexts.
Circumvention of technical controls.
Access to nonpublic systems or information.
Unauthorized security testing.
Commercial resale or aggregation.
Conduct otherwise prohibited by these Terms or applicable law.

The public Website does not provide access to customer records, confidential information, internal communications, security documentation, project files, account information, audit evidence, personnel records, insurance records, contractual documents, or other nonpublic materials. TierFive may decline informal requests for nonpublic materials and may require that such requests be submitted through an applicable contractual procedure, written authorization from the affected customer, or valid legal process. Nothing in these Terms is intended to restrict or prevent compliance with a subpoena, court order, warrant, governmental demand, regulatory authority, legally required preservation obligation, or other legal right or obligation that cannot lawfully be restricted by contract.

5.9 Harassment, Surveillance, and Misuse of Information

You may not use the Website or information obtained from it to:

Threaten, harass, stalk, intimidate, defame, discriminate against, or unlawfully target another person.
Create unauthorized personal, behavioral, employment, commercial, or investigative profiles concerning TierFive employees, contractors, customers, vendors, visitors, or business relationships.
Identify, surveil, contact, recruit, solicit, or target TierFive personnel for an unlawful, deceptive, abusive, intrusive, or unrelated commercial purpose.
Publish personal, confidential, restricted, proprietary, or security-sensitive information obtained without authorization.
Falsely suggest sponsorship, endorsement, certification, partnership, employment, agency, or affiliation with TierFive.
Create confusingly similar websites, domains, email addresses, social media accounts, advertisements, or communications.

5.10 Reviews, Commentary, and Protected Communications

Nothing in these Terms prohibits a person from expressing an honest opinion, communicating with a government agency, reporting suspected unlawful conduct, participating in a protected investigation, or publishing a lawful and truthful review concerning an actual experience with TierFive. This provision does not authorize defamatory statements, impersonation, disclosure of another party’s protected confidential information, intellectual-property infringement, harassment, fabricated reviews, undisclosed conflicts of interest, false claims of personal experience, or other unlawful conduct.

6. Website Content and No Reliance

The Website provides general information about TierFive, its services, capabilities, technology, experience, security practices, compliance activities, certifications, qualifications, service areas, and business operations. Website content is provided for general informational purposes. It does not constitute:

A binding proposal or contractual commitment.
A guarantee that TierFive will accept a project.
A representation that every service is available in every location.
Legal, accounting, tax, financial, or regulatory advice.
A records-retention or destruction instruction.
A project-specific security or compliance determination.
A warranty concerning any particular customer or project.

Service descriptions, technical specifications, pricing examples, turnaround estimates, equipment information, certifications, compliance statements, insurance references, geographic coverage, and other Website content may be subject to qualifications, scope limitations, project conditions, customer obligations, third-party requirements, separate agreements, availability, expiration, or change.

A binding obligation arises only through an applicable written agreement issued or approved by an authorized TierFive representative.

7. Quotes, Estimates, and Service Requests

A Website inquiry, consultation request, quote-builder result, calculator result, pricing example, estimate, automated response, or preliminary communication does not constitute a binding quotation, offer, reservation, guarantee, or commitment to perform services. Project pricing, schedules, volumes, assumptions, deliverables, security requirements, chain-of-custody procedures, and other terms must be confirmed through the applicable written quote, proposal, statement of work, or customer agreement. TierFive may decline an inquiry or proposed project for any lawful business, capacity, security, compliance, credit, geographic, operational, or risk-management reason.

8. Public Forms, Submissions, and Feedback

Submitting information through a general public contact form, quote form, email inquiry, or other public Website channel does not by itself create a customer relationship, fiduciary relationship, attorney-client relationship, agency relationship, exclusive relationship, or obligation to accept a project. TierFive may use information submitted through public Website channels as reasonably necessary to:

Review and respond to the submission.
Prepare a requested estimate, quote, or consultation.
Verify identity, authority, or project information.
Prevent fraud, spam, abuse, or security incidents.
Maintain business and compliance records.
Protect TierFive’s legal rights and legitimate business interests.

Do not submit protected health information, student records, Social Security numbers, payment-card information, financial account credentials, passwords, confidential legal materials, production customer records, export-controlled information, government-restricted information, or other regulated or highly sensitive information through a general public Website form unless TierFive has expressly authorized that method of transmission. Customer records, project files, uploaded documents, and information transmitted through an authorized customer portal or secure transfer method are governed by the applicable customer agreement, confidentiality obligations, privacy terms, data-processing terms, and project instructions.

8.1 Unsolicited Ideas and Feedback

You may voluntarily provide suggestions, ideas, comments, or feedback concerning the public Website or TierFive’s general services (“Feedback”).

Feedback does not include customer records, personal information, protected health information, confidential project information, or materials governed by an existing written confidentiality obligation. Unless TierFive has agreed otherwise in writing, Feedback is provided voluntarily and without restriction. TierFive may evaluate, use, modify, or implement Feedback without compensation or obligation to you, provided that TierFive’s use remains subject to applicable law and does not authorize disclosure of protected customer information.

9. Intellectual Property

The Website and its content, including text, photographs, graphics, videos, designs, layouts, page organization, software, source code, functionality, service descriptions, documents, downloads, trademarks, logos, and other materials, are owned by TierFive, licensed to TierFive, or used with permission.

Website content is protected by applicable copyright, trademark, trade dress, unfair competition, database, and other intellectual-property laws.

You may not, without prior written authorization:

Copy, reproduce, modify, adapt, translate, distribute, display, publish, transmit, sell, license, or create derivative works from Website content.
Remove copyright, trademark, attribution, watermark, metadata, or proprietary notices.
Use TierFive’s content, branding, or page design to create a misleading impression of affiliation, endorsement, authorization, or certification.
Use Website content in marketing materials, proposals, training materials, databases, AI systems, or competing service offerings.

“TierFive,” “TierFive Solutions Group,” “Cirrus File Server,” associated logos, service names, slogans, and other TierFive branding may not be used without prior written authorization.

10. Copyright and Intellectual-Property Concerns

A person who believes that material displayed on the Website infringes a copyright, trademark, or other intellectual-property right may contact TierFive through the Contact page. The notice should include:

Identification of the protected work or right at issue.
Identification and location of the allegedly infringing Website material.
The requesting party’s name and contact information.
A description of the requesting party’s ownership or authority.
A statement explaining the basis of the claim.
Any other information reasonably necessary to investigate the matter.

TierFive may request additional information before acting on a claim. Submission of a notice does not require TierFive to remove content where removal is not warranted or legally required.

11. Privacy

TierFive’s collection and use of personal information through the public Website are described in its Privacy Policy. These Terms do not expand TierFive’s rights to use customer records, uploaded files, project data, or confidential information beyond the rights provided by applicable law and the applicable customer agreement, privacy terms, or data-processing terms.

12. Third-Party Websites and Services

The Website may contain links to third-party websites, platforms, verification services, maps, social media pages, vendors, certification providers, or other external resources. TierFive does not control and is not responsible for third-party content, security, availability, accessibility, privacy practices, terms, products, services, or representations. A link does not necessarily indicate that TierFive endorses, sponsors, controls, or is affiliated with the third party.

Your use of third-party websites and services is governed by their applicable terms and policies.

13. Monitoring, Investigation, and Enforcement

TierFive may use technical, administrative, and legal measures to protect the Website, its communication channels, its personnel, and its systems.

To the extent permitted by applicable law, TierFive may monitor and analyze requests, submissions, traffic patterns, user agents, IP addresses, domains, account activity, security events, and other technical information for purposes including:

Website operation and security.
Fraud, spam, and abuse prevention.
Incident detection and investigation.
Compliance with legal obligations.
Enforcement of these Terms.
Protection of TierFive, its customers, and other parties.

TierFive may block, filter, throttle, challenge, suspend, restrict, or terminate requests, sessions, accounts, user agents, IP addresses, telephone numbers, email addresses, domains, networks, organizations, technologies, or communication channels reasonably associated with prohibited, suspicious, harmful, excessive, or unauthorized activity. TierFive may preserve relevant records, notify affected parties or service providers, cooperate with lawful investigations, report suspected unlawful activity to appropriate authorities, and pursue available contractual, statutory, equitable, technical, or other lawful remedies.

TierFive’s failure to identify, block, or prevent prohibited activity does not constitute permission, authorization, consent, waiver, or acceptance of that activity.

14. Requests for Written Authorization

A request for authorization to perform automated access, artificial-intelligence use, data collection, security testing, research, bulk downloading, republication, or another activity restricted by these Terms must identify:

The requesting person and organization.
The responsible technical and legal contacts.
The pages, systems, information, or functionality involved.
The technology, software, user agents, accounts, and IP addresses that will be used.
The purpose, methods, duration, frequency, and expected volume.
The information that will be collected, generated, stored, retained, disclosed, or deleted.
All parties that will receive, process, or use the resulting information.
Whether AI, machine learning, profiling, legal, investigative, competitive, marketing, or commercial systems will be involved.
The proposed security, confidentiality, retention, and deletion controls.

Authorization is valid only when provided in writing by an authorized representative of TierFive. Authorization applies only to the expressly approved purpose, systems, methods, personnel, volume, duration, and conditions. TierFive may deny, condition, modify, suspend, or revoke authorization at any time unless a separate written agreement provides otherwise.

15. Website Availability and Changes

TierFive may modify, update, remove, restrict, suspend, or discontinue any part of the public Website at any time when reasonably necessary for maintenance, security, legal compliance, operational changes, business reasons, or other legitimate purposes. TierFive does not guarantee that Website content, features, forms, downloads, or links will remain continuously available or unchanged.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLIC WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TIERFIVE DISCLAIMS ALL WARRANTIES CONCERNING THE PUBLIC WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, AND NON-INFRINGEMENT. TierFive does not warrant that the public Website will be uninterrupted, error-free, complete, current, secure, compatible with every device, or free from harmful components. TierFive does not warrant that Website content will satisfy a particular legal, regulatory, procurement, operational, archival, security, or project requirement. These disclaimers apply only to the public Website. They do not replace or modify warranties, service commitments, security obligations, confidentiality obligations, indemnities, insurance requirements, or other terms contained in an applicable written customer agreement.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIERFIVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING SOLELY TO THE PUBLIC WEBSITE OR THESE TERMS. This exclusion includes, where permitted by law, damages arising from loss of data, loss of revenue, lost profits, loss of opportunity, business interruption, reputational harm, reliance on Website content, third-party links, unauthorized access, or inability to access the Website. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIERFIVE’S TOTAL AGGREGATE LIABILITY ARISING SOLELY FROM THE PUBLIC WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS OR THE AMOUNT, IF ANY, YOU PAID TIERFIVE SPECIFICALLY FOR THE PUBLIC WEBSITE ACCESS THAT GAVE RISE TO THE CLAIM. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

These limitations apply only to the public Website. Liability concerning customer records, document-conversion projects, hosted services, software, confidentiality, privacy, security, professional services, or other contracted services is governed by the applicable written customer agreement.

18. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless TierFive and its officers, directors, employees, agents, affiliates, licensors, and service providers from claims, liabilities, losses, damages, judgments, penalties, costs, and reasonable expenses arising from or relating to:

Your material violation of these Terms.
Your unlawful or unauthorized use of the Website.
Information or materials you submit without sufficient authority or legal rights.
Your infringement or violation of another party’s rights.
Automated access, scraping, security testing, circumvention, impersonation, spam, or other prohibited conduct performed by or on your behalf.

TierFive may assume control of the defense of a matter subject to indemnification. You may not settle a claim in a manner that imposes an obligation, admission, restriction, or liability on TierFive without TierFive’s prior written consent.

19. Equitable and Protective Relief

Unauthorized access, scraping, copying, disclosure, security testing, circumvention, misuse of intellectual property, or interference with Website operations may cause harm for which monetary damages alone may be inadequate. TierFive may seek temporary, preliminary, or permanent injunctive relief, specific performance, protective orders, preservation orders, or other equitable remedies where permitted by law, without limiting any other available remedy.

20. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute arising solely from the public Website or these Terms must be brought in a state or federal court having jurisdiction in Los Angeles County, California, unless applicable law requires another forum.

Governing-law, venue, dispute-resolution, or arbitration provisions in an applicable written customer agreement will control disputes arising from the products or services covered by that agreement.

21. Changes to These Terms

TierFive may update these Terms from time to time. The revised version will be posted on this page with an updated “Last Updated” date. Changes will apply prospectively from their stated effective date. Material changes affecting registered users or existing customers will be addressed through an applicable account notice, customer agreement, or other appropriate communication where required.

22. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable where permitted, and the remaining provisions will remain in effect.

23. No Waiver

TierFive’s failure or delay in exercising a right or enforcing a provision does not waive that right or provision. A waiver is effective only when made in writing by an authorized TierFive representative and applies only to the specific matter stated.

24. Assignment

You may not assign or transfer your rights or obligations under these Terms without TierFive’s prior written consent. TierFive may assign these Terms in connection with a merger, reorganization, sale of assets, change of control, or transfer of the Website or related business operations.

25. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement concerning use of the public Website, except where an applicable written customer agreement governs a specific product, service, project, account, or customer relationship. Headings are provided for convenience and do not limit the meaning of a provision.

26. Contact TierFive

Questions concerning these Website Terms of Use, requests for written authorization, reports of suspected abuse, and reports of potential Website vulnerabilities may be submitted through TierFive’s Contact page.

Legal notices concerning a customer agreement must be delivered using the notice procedure specified in that agreement.