Last Updated Date: 2025-05-01
SECURE CODE ALLIANCE (SCA)
The Secure Code Alliance (“SCA”) is a brand owned by the Secure Concepts Group, LLC (“SCG”).
TERMS AND CONDITIONS
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE T&C REQUIRE THE USE OF ARBITRATION TO RESOLVE A PARTICULAR DISPUTE, RATHER THAN A JUDGE OR JURY TRIAL.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS(S) or SERVICES FROM THIS WEBSITE IF YOU:
- DO NOT AGREE TO THESE TERMS;
- ARE NOT THE OLDER OF:
- AT LEAST 18 YEARS OF AGE; OR
- LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY; OR
- ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY.
BY PLACING AN ORDER FOR SCA COURSES FROM THE SCA WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE T&C. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS. IF YOU ARE A THIRD-PARTY RESELLER, PURCHASING ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM THAT SUCH ORGANIZATION OR COMPANY IS AWARE OF AND AGREES TO COMPLY WITH THESE T&C. A VIOLATION OF THIS AGREEMENT MAY RESULT IN CLAIMS BY THE SCF COUNCIL AGAINST YOU FOR COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT OR OTHER LEGAL CLAIMS NECESSARY FOR THE COMPANY TO ENFORCE ITS RIGHTS.
- Accessing SCA Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material We provide on SCA website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of SCA website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of SCA website, or the entire Website, to users, including registered users. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on SCA website, is governed by Our Data Privacy Notice [https://securecodealliance.com/privacy-notice/], and You consent to all actions We take with respect to Your information consistent with Our Data Privacy Notice. You acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your username, password, or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion, for any or no reason, including if, in Our opinion, You have violated any provision of these T&C. You are responsible for making all arrangements necessary for You to have access to SCA website and for ensuring that all persons who access SCA website through Your internet connection are aware of these T&C and comply with them.
- Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the SCG. Its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to SCA Courses or any content on SCA website is transferred to You, and all rights not expressly granted are reserved by the SCG. Any use of SCA website not expressly permitted by these T&C is a breach of these T&C and may violate copyright, trademark, and other laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
- You may store files that are automatically cached by Your Web browser for display enhancement purposes.
- Purchaser Responsibility to Evaluate Risks
Purchaser acknowledges and agrees that:
- No network, system, device, hardware, software, or component can be made fully secure;
- Purchaser has the sole responsibility to evaluate the risks and benefits of SCA Courses to Your particular circumstances and requirements;
- The SCG does not assume any liabilities associated with Your use of SCA Courses; and
- SCA Courses and knowledge exams are only offered in the English language.
- Restrictions on Use of the Products
Purchaser acknowledges and agrees that Purchaser may not:
- Sell, rent, lease, sublicense or otherwise transfer or exploit any rights to SCA Courses in any way or for any purpose;
- Copy SCA Courses and/or the SCA website or any part thereof;
- Facilitate or otherwise aid other individuals or entities in violating these Agreement;
- Utilize SAICO course materials to create derivative works to sell and/or share with third-parties; and/or
- Upload SAICO course materials to a Large Language Model (LLM), or similar Artificial Intelligence (AI) technology, where SCA Courses could be used to train the LLM.
- Disclaimer of Warranties
THE SCA MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO SCA COURSES, INCLUDING ANY:
- GUARANTEE OF COMPETENCY OR CAREER ADVANCEMENT POTENTIAL.
- WARRANTY OF MERCHANTABILITY;
- WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE;
- WARRANTY OF TITLE; OR
- WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
- Indemnification
You indemnify and hold harmless the SCG, its officers, directors, employees, contractors, subcontractors, or agents, from any and all suits, claims, damages, or losses, including reasonable attorneys’ fees and costs, resulting from any negligent, reckless, or intentional act or omission, breach of the terms and conditions of this Agreement by You or Your employees, contractors, subcontractors, or agents, or to use of SCA website, including, but not limited to any use of SCA Courses.
- Limitation of Liability
- IN NO EVENT SHALL THE SCF COUNCIL, OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR OTHER SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR SCA COURSES.
- Governing Law and Jurisdiction
All matters relating to the SCG, SAICO, SCA website, SCA Courses, and/or these T&C, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these T&C, SCG, SAICO, SCA website, SCA Courses shall be instituted exclusively in the United States federal and state courts of the State of Wyoming, in each case located in the County of Sheridan, although We retain the right to bring any suit, action, or proceeding against You for breach of these Agreement in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
- Arbitration
At the SCG’s sole discretion, it may require You to submit any disputes arising these T&C, SCG, SAICO, SCA website, SCA Courses, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Wyoming applying Wyoming law. In such event, the arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules"). The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
- Assignment
You will not assign any of Your rights or delegate any of Your obligations under these T&C without Our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves You of any of Your obligations under these T&C.
- Waiver and Severability
No waiver by the SCG of any term or condition set out in these Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the SCG to assert a right or provision under these Agreement shall not constitute a waiver of such right or provision.
If any provision of these Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
- Force Majeure
The SCG shall not be liable or responsible to You, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, pandemics, epidemics; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; and (h) shortage of adequate power or transportation facilities.
- Entire Agreement
The SCG’s Agreement, License, and Data Privacy Notice constitute the sole and entire agreement between You and The SCG, regarding SCA website and SCA Courses sold on SCA website, supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding SCA website or SCA Courses sold on SCA website.
- No Reliance on Other Representations
You acknowledge and agree that no consideration, other than as provided for by these T&C, has been or will be paid or furnished and that You have freely and voluntarily purchased product without reliance on any representation of any third party.
- Agreement Binding
This Agreement shall be binding upon and inure to the benefit of the SCG and its respective owners, shareholders, successors, affiliates, subsidiaries, officers, managers, members, directors, agents, heirs, successors, and assigns.