Thank you for choosing Ignition for managed security, cybercompliance, and I.T. by and for human beings!  We value and appreciate your patronage.  However, that patronage-and the patronage of any and all Ignition digital products, services, and websites (“Service” or "Services", further defined in Section 1 below) -owned or operated by Ignition, Inc. ("Ignition", "we", "us", "our") is subject to the rules of our Terms of Service ("Terms" or “Agreement”).

The following Terms represent a binding contract. Make sure to carefully review them before using the Services provided by Ignition.  Your access to our Services is governed by these Terms.  This is a binding agreement. By using the Internet site located at www.ignitionit.com (the “Site”) or any Services, you agree to abide by these Terms of Service, as they may be amended by Ignition from time to time in its sole discretion.  If you are a lawyer, doctor, or any other party accessing the Services on behalf of a client, customer, or other entity, you agree you have the authority to agree to these Terms on the behalf of that client, customer, or other entity. 

PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW IN SECTION 11 CAREFULLY. THIS ARBITRATION AGREEMENT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH IGNITION ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

While we may notify you of changes to these Terms of Service, it is your responsibility to review these Terms of Service periodically, as written here, and if at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

Ignition’s Services are comprised of the Site and all non-third party services and products offered through the Site. These Services also include any other elements or opportunities provided by the Site and may be expanded to include Services not explicitly listed herein.

2. Eligibility

3. Your Information

Summary of the Following:  We do not sell your data and collect very little information via the Site. Your information will be handled in accordance with our Privacy Policy.  

Ignition respects your privacy and permits you to control the treatment of your personal information. For a full understanding of what we collect, why we collect it, and your privacy rights you may review our Privacy Policy here <put link>.

We do not sell your data.  We are not responsible for the use of your data by external sites run by third parties or our service providers.  They may have their own privacy policies governing their use of your data, and we encourage you to read their policies, if they have them.

4. The Proprietary Rights of Ignition

Summary of the Following: Ignition, or our suppliers or licensors, own the various content which appears in our Services.  You shall not violate the ownership and intellectual property rights in this content.

1. Proprietary Content. All information and data, including but not limited to visual and/or audio content, written posts and comments, software, or scripts generated, provided or otherwise made accessible on or through the Services (collectively, “Content”) are either the property of Ignition or our suppliers or licensors.  The Content is protected by copyrights, patents, trademarks, service marks, trade secrets, and/or other rights and laws.  You agree to maintain all copyright notices, information and restrictions contained in any Content that you access through the Services.  
2. Licensed Exclusively for Use of Services. While you follow these Terms, we grant you a worldwide, revocable, non-exclusive, non-transferable and non-sublicensable license to use (i.e., to download and display on your local device) Content for the sole purposes of using Ignition Services.  
3. Prior Written Permission Required. You agree not to use, reproduce, modify, distribute or store any Content for purposes other than using Ignition Services without our prior written permission.  
4. No Commercial Use. You agree not to sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.   
5. Removing and Modifying Content. We retain the right to, (1) remove, edit or modify any Content in our sole discretion at any time, without notice to you and for any reason (for instance, if we think you may have violated these Terms) or for no reason at all or (2) to remove or block any Content from the Services.  
6. No Unauthorized Use. Ignition neither grants, nor implies, nor gives consent in any way to make unauthorized use of any intellectual property or other property of Ignition, our suppliers, or our licensors.

5. Permissible Use

Summary of the Following: You may not use Ignition for illegal purposes or purposes in violation of these Terms of Service.  You will not attempt to breach or violate any security measure of Ignition. 

1. Lawful and Compliant Use. As a condition of using the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all applicable Laws. Ignition intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
2. Privacy of Other Users. You also agree to respect the privacy and all personally identifiable information (“Secure Information”) of other users of the Services.
3. Compliance With Intellectual Property Laws. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit.  
4. Illicit Use of Ignition. You agree not to, and shall not allow anyone else to distribute any Content through any Ignition Service by uploading, downloading, displaying, posting, performing, transmitting, and/or submitting said Content, or otherwise take any action to distribute said Content through any Ignition Service which:
   1. includes anyone else’s identification documents, sensitive financial information, or other Secure Information;
   2. you know to be false, misleading, or inaccurate, including any misrepresentation regarding Ignition, Inc, the Ignition Website, or the Services;
   3. intimidates, impersonates, or harasses any person or entity, including any of our representatives, employees, and users;
   4. constitutes unauthorized or unsolicited advertising, or otherwise solicits funds or is a solicitation for goods or services, or is junk or bulk e-mail, regardless of whether similar communications are prohibited by local law or not; or
   5. is unlawful, threatening, defamatory, abusive, harassing, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, obscene, vulgar, pornographic, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Ignition in their sole discretion, or;
   6. advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation.
5. Violating Ignition’s Security. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, 
   1. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
   2. attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; 
   3. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” 
   4. using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; 
   5. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or 
   6. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
   7. acting in contravention to any local laws regarding the violation of security of computer systems.

6. You Consent to Receive Electronic Communications.

7. Links to Third Party Sites

Summary of the Following: We have no control over outside websites or third-party services.  We aren't liable for problems with such a website or service.  Remember, another website will have its own terms regarding how you can use it.

1. Links to Outside Sites. You will likely find links to third party websites, services or resources as you use Ignition Services.  Ignition has no control over, and no liability for any third-party websites or materials. Ignition works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Ignition nor the Site has control over the content and performance of these partner and affiliate sites, Ignition makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Ignition assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Ignition makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, such as with another site’s own Terms and Conditions, these Terms of Service shall govern your use of any and all third-party content.  
2. No Endorsement. The inclusion of a link to any other site on any Ignition Service does not necessarily mean or imply that we endorse or are associated with that site or its operator unless the Site explicitly discloses a sponsorship relationship. 

8. Warranty Disclaimer

Summary of the Following: We strive to provide the best possible security safeguards for your information and this Site.  However, it is impossible for anything on the internet to be completely secure. Ignition Services are provided as is, with no warranty as to function, content, security, etc.  See below for a full explanation of what "as is" entails. 

1. Security Measures. Ignition makes use of security measures which either meet or exceed industry standards.  These include, but not are limited to, administrative, physical and technical safeguards (internal storage, encryption, device management and transfer procedures, HTTPS encryption, etc.) to protect the security and confidentiality of your information. 
2. Network/Internet Access and Devices. You are solely responsible for obtaining the data network access necessary to use the Services, whether via a mobile device or other means. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services, related software, and any updates thereto. Ignition does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. These include, but are not limited to, loss of service due to lack of network access or non-compatible hardware.
3. Services Provided As Is - NO WARRANTY.  Even with these measures, there can be no absolute guarantee of data security or information accuracy. IGNITION HEREBY DISCLAIMS ALL WARRANTIES. IGNITION IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IGNITION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FOR INSTANCE, WE DO NOT WARRANT THAT: (1) THE SERVICES WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (3) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. IGNITION DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
4. No Liability. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, IGNITION WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON OUR SITE OR A THIRD-PARTY SITE, OR BY YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED THROUGH A THIRD-PARTY SITE.  YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS, ACCURACY OR USEFULNESS OF CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED THROUGH A THIRD-PARTY SITE.  PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC CONTENT.  NO CONTENT OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. Indemnification

Summary of the Following: You will pay us back for any loss we suffer resulting from your use or misuse of Ignition Services, a violation of the Terms of this agreement, or the infringement of the rights of a third party.

1. Indemnification. You agree to indemnify Ignition for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Ignition, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, or your infringement of any intellectual property or other right of any person or entity. Ignition will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
2. Right to Assume Exclusive Defense. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

10. Limitation of Liability

Summary of the Following: In order to keep our business up and running and offering the quality services we provide, the legal liability of Ignition is limited.  

1. Limitations on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IGNITION, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR YOUR HEIRS, SUCCESSORS OR YOUR ESTATE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY IGNITION. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.  
2. Specific Situations Where Liability Limited. Below is an illustrative list of situations where our liability is limited.  PLEASE REVIEW THIS LIST.  WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, BUT NOT LIMITED TO: 
1. THE USE OR THE INABILITY TO USE THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS OF IGNITION,
2. UNAUTHORIZED ACCESS TO YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION,
3. LOSS, CORRUPTION OR ALTERATION OF YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION, 
4. ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR SOFTWARE, REGARDLESS OF THE SOURCE OF ORIGINATION
5. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING OUR SERVICES, 
6. THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING THE SERVICES OR 
7. ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING TANGIBLE AND INTANGIBLE LOSSES, EVEN IF IGNITION OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
3. Liability Limited in Amount. IF ANY LIABILITY DOES EXIST UNDER LOCAL LAW, IGNITION'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO (1) US$500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

11. Arbitration, Applicable Law, Choice of Venue and Jurisdiction.

Summary of the Following: Any claim arising out of a Ignition Service goes to arbitration. The Terms of this agreement are governed by California and US law.  Any dispute relating to or arising from these Terms that is not arbitrated will be governed by the exclusive jurisdiction of the courts of Alameda County, California. 

1. Arbitration. Any controversy or claim arising under, out of, or in relation to these Terms or the use of the Ignition Service, or any breach or asserted breach thereof, shall be settled by arbitration in Alameda County, California, subject to the conditions and exclusions of this Section 11, before a single arbitrator  pursuant to the rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and judgement then may be entered in any court of the forum, State or Federal, having jurisdiction.
2. Individual Arbitration and Acknowledgments. You hereby acknowledge and agree that you and Ignition are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Ignition otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Ignition will still each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
3. Applicable Law. These Terms of Service shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.  
4. Exclusions. You hereby acknowledge the following exclusions to Subsections A and B of this Section 11.
1. You and Ignition both retain the right to bring an individual action in small claims court
5. Jurisdiction and Choice of Venue. You acknowledge that all claims or controversy shall be settled by arbitration according to subsection A of this section. However, you additionally hereby irrevocably consent to the exclusive jurisdiction of the state courts in San Francisco County, California or federal courts of the Northern District of California, in all disputes arising out of or related to the use of the Site or Service, that, for any reason, are not arbitrated.
6. Costs.  Each party agrees the prevailing party in any action shall be entitled to recover reasonable attorney’s fees and costs.

13. Modifying the Terms and the Service.

Summary of the Following: Ignition reserves the right to change these Terms at any time.  Where you keep using our Services after a change in Terms, you are considered to have accepted the changes to the Terms. 

Ignition may, in its sole discretion and without prior notice: (a) revise these Terms of Service; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Ignition shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions. 

1. Modifying Terms. Ignition reserves the right to - at any time and for any reason or without reason - revise these Terms of Service.  It is your responsibility to review the Terms of Service for changes with some regularity. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes. 
2. Modifying the Service. Ignition reserves the right to - at any time and for any reason or without reason -  change, suspend or discontinue the Services. Before we do this we will notify you by both replacing these Terms on the Site. It is your responsibility to check these Terms periodically for changes.  We want to make it clear that we obviously do not expect ignitionit.com to go anywhere any time soon, we just want to be sure that we have precautions in place.
3. Limiting the Service. Ignition reserves the right to - at any time and for any reason or without reason - impose limits on some Services or restrict your access to the Services without notice or liability.  
4. Continued Use of Services Conditioned on Agreement to Amendments to Terms. You agree that, by continuing to use or access the Site following any revision of these Terms, you shall abide by any such revision. If at any point, you disagree with a change to the Terms or Services on the part of Ignition, please cease use of Ignition Services.  You may not continue to use the Services without agreeing to these Terms. 

14. Entire Agreement.

15. Section Headings and Summaries.  

16. Force Majeure.  

17. Waiver

Summary of the Following.  Where we don't exercise a right, it is not waived.  One waiver does not imply a similar waiver in the future.  In order for any waiver of a right to be valid, it must come as a signed writing from a Ignition representative.

1. Failure to Exercise a Right Not a Waiver. Even if Ignition, or any of our employees, representatives, or other affiliates fail to exercise any right or provision of these Terms, this failure does not waive of our right to later enforce any part of these Terms.
2. Waiver Does Not Imply Future Waiver. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof. 
3. Requirements of a Waiver. In order for any waiver of compliance with these Terms to be effective, it must be made in writing and signed by an authorized representative of the waiving party.

18. Severability. 

19. Assignment.

20. No Relationship.  

21. Termination of Use.

Ignition reserves the right to terminate your use of the Service and/or the Site. To ensure that Ignition provides a high-quality experience for you and for other users of the Site and the Service, you agree that Ignition or its representatives may, in accordance with our Terms, investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Ignition does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Ignition reserves the right to terminate your access to the Site immediately, with or without notice to you, and without liability to you, if Ignition believes that you have violated any of the Terms of Service, furnished Ignition with false or misleading information, or interfered with use of the Site or the Service by others.

22. Contact Information.  

23. ACKNOWLEDGEMENT.

 BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.