1. Agreement to Terms
By accessing or using the website located at creativecybermanagement.com (the "Site") or engaging any services offered by Creative Cyber Management, LLC ("CCM," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to all of the Terms, you are expressly prohibited from using the Site and must discontinue use immediately.
These Terms apply to all visitors, users, clients, and others who access or use the Site or our services. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.
2. Description of Services
Creative Cyber Management, LLC provides managed cybersecurity services, including but not limited to: Virtual Chief Information Security Officer (vCISO) programs, statutory compliance management (including HIPAA Compliance as a Service), network security and vulnerability management, security awareness training, incident response planning, and related consulting and advisory services.
All services are subject to a separate written engagement agreement or Statement of Work ("SOW") executed between CCM and the client. In the event of a conflict between these Terms and a signed SOW, the SOW shall govern with respect to the specific services described therein.
3. Intellectual Property
The Site and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, icons, images, audio clips, reports, assessments, and software — are the exclusive property of Creative Cyber Management, LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without the prior written consent of Creative Cyber Management, LLC, except as follows: your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials, and you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use.
4. Client Responsibilities
Clients engaging CCM for cybersecurity services acknowledge that effective security is a shared responsibility. Clients agree to: (a) provide accurate, complete, and timely information necessary for CCM to perform its services; (b) implement recommended security controls and remediation actions within agreed timeframes; (c) maintain appropriate internal policies and procedures; (d) designate a primary point of contact with authority to make decisions regarding the engagement; and (e) comply with all applicable laws and regulations governing their industry and data handling practices.
CCM shall not be liable for security incidents, breaches, or compliance failures that result from a client's failure to implement recommended controls or to provide accurate information.
5. Confidentiality
Both parties acknowledge that in the course of the engagement, each may receive or have access to confidential information belonging to the other party. Each party agrees to: (a) hold the other party's confidential information in strict confidence; (b) use the confidential information solely for the purpose of performing obligations under the engagement; (c) not disclose the confidential information to any third party without the prior written consent of the disclosing party, except to employees or contractors who need to know such information and are bound by confidentiality obligations no less protective than those set forth herein.
This obligation of confidentiality shall survive the termination of any engagement for a period of three (3) years.
6. Limitation of Liability
To the fullest extent permitted by applicable law, Creative Cyber Management, LLC, its officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, data, goodwill, or other intangible losses — arising out of or in connection with your use of, or inability to use, the Site or our services, even if CCM has been advised of the possibility of such damages.
In no event shall CCM's total aggregate liability to any client or user exceed the total fees paid by that client to CCM in the twelve (12) months immediately preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
7. Indemnification
You agree to defend, indemnify, and hold harmless Creative Cyber Management, LLC and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Site or services in a manner not authorized by these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights, including intellectual property rights.
8. Disclaimer of Warranties
THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CREATIVE CYBER MANAGEMENT, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Cybersecurity services, by their nature, cannot guarantee absolute protection against all threats. CCM makes no warranty that: (a) the services will meet all of your specific security requirements; (b) the services will prevent all security incidents or data breaches; or (c) any vulnerability assessment will identify every vulnerability present in your systems.
9. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Creative Cyber Management, LLC is incorporated, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or your use of the Site shall first be subject to good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.
10. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Creative Cyber Management, LLC Email: [email protected] Website: creativecybermanagement.com
Questions about this document?
If you have any questions or concerns about this Terms & Conditions, please contact us or email us directly at [email protected]. We are committed to transparency and will respond within 2 business days.
