Last Updated: August 23, 2023
This website (the “Site”) is created, controlled and published by Riskonnect, Inc. or one of its affiliates (“Riskonnect”, “we”, “us” or “our”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND/OR USING THE CONTENT. YOUR ACCESS TO OR USE OF ANY PART OF THE CONTENT CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS. IF AT ANY TIME YOU DO NOT ACCEPT ALL OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ACCESS TO OR USE OF THE CONTENT.
Certain programs or features made available through the Site, and certain areas within the Site and/or other Content may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those programs, services or areas. The Additional Terms and these Terms, taken together, shall apply to your use of those areas or the Content. If there is an inconsistency between the Additional Terms and these Terms, the Additional Terms shall control.
1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please review the Riskonnect Privacy Notice to learn about our practices regarding the collection, use, disclosure and protection of personal information. By accessing or using any part of the Content, you agree to the terms of the Riskonnect Privacy Notice.
2. MODIFICATION/DELETION OF THE CONTENT
Riskonnect may, in its sole discretion, modify, suspend and/or delete the Content and/or any portion thereof at any time for any reason with or without notice to you.
Riskonnect shall not be liable to you or any third party for any modification, suspension or deletion of the Content or your access to the Content.
Except where otherwise provided, the Content is currently available without charge. Riskonnect reserves the right to charge a fee for access to or use of the Content, including the Site and any other services available through the Content, at any time in the future, and Riskonnect will notify you before it does so. Your access to or use of the Content before such time does not entitle you to access or use without charge in the future.
3. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THE CONTENT
Any software that is made available in connection with the Content, including applications, application program interfaces (APIs), podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, Riskonnect and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software. Riskonnect has no liability with respect to any Software owned or controlled by third parties.
Riskonnect may provide you with access to one or more application programming interfaces or APIs. Any use of an API, including use of an API through a third-party product that accesses Riskonnect, is bound by these Terms plus the following Additional Terms:
- You expressly understand and agree that Riskonnect shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Riskonnect has been advised of the possibility of such damages), resulting from your use of an API or third-party products that access data via an API.
- Abuse or excessively frequent requests to Riskonnect via an API may result in the temporary or permanent suspension of your account’s access to an API. Riskonnect, in its sole discretion, will determine abuse or excessive usage of an API. Riskonnect will make a reasonable attempt via email to warn the account owner prior to suspension.
- Riskonnect reserves the right at any time to modify or discontinue, temporarily or permanently, your access to an API (or any part thereof) with or without notice.
4. USER CODE OF CONDUCT/ACCEPTABLE USE
The Content is for your personal and non-commercial use only. In accessing and using the Content, you agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful postings to or through the Content, or any postings which advocate unlawful activity.
- Deliver, or provide links to, any postings containing material that
- could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable
- harasses, victimizes, degrades, or intimidates an individual or group of individuals because of religion, race, ethnicity, sexual orientation, gender, age, or disability
- is defamatory, false or libelous
- infringes or violates any intellectual property or other right of any entity or person.
- Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or misrepresent your affiliation with a person or entity or adopt a false identity if the purpose of doing so is to deceive or defraud another.
- Manipulate identifiers, including by forging headers, to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use the Content in any manner which could damage, overburden or interfere with the use of the Content or other users’ devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to the Content, any related website, or other accounts, computer systems, or networks connected to the Content, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Content, including by collecting information about others such as email addresses.
5. INTERACTIVE SERVICES AND USER MATERIALS
The Content may offer certain services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “Interactive Services”). The Interactive Services may be covered by Additional Terms, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Interactive Services may change from time to time in Riskonnect’s sole discretion.
Riskonnect does not control and is not responsible for any information or other materials delivered through the Content by you or other users, including any personal information and feedback data such as questions, comments and suggestions regarding the Content or any portion of the Content (collectively, “User Materials”). Riskonnect is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Riskonnect reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Riskonnect is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages.
You are solely liable for all User Materials you provide to Riskonnect via the Site or otherwise. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by Riskonnect will not violate the rights of any third party.
By providing or modifying any User Material, you are granting Riskonnect and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and use such User Material (including any ideas, concepts, know-how or techniques contained in such User Material) for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products incorporating such User Material, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may provide. Riskonnect also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Notice.
The information and opinions expressed in User Materials are not necessarily those of Riskonnect or its content providers, advertisers, sponsors, affiliated or related entities, and Riskonnect makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. Riskonnect does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. Riskonnect has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that the Site is “public,” and in addition to the license granted to Riskonnect, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Materials which violate these Terms, please contact us at firstname.lastname@example.org. Please provide as much detail as possible, including a copy of the underlying material, the location where Riskonnect may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and Riskonnect will only remove User Materials if it believes that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”
Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that Riskonnect, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.
6. MOBILE DEVICES
Through use of the Content, you may be able to: (a) upload content to the Site via the computer, mobile device, technology or other device you use to access the Content (your “Device”), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your mobile Device and/or (d) access certain features you have downloaded and installed on your mobile Device (collectively the “Mobile Services”). In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile Device, as applicable). You must provide all equipment and software necessary to connect to the Content, including, but not limited to, a mobile Device that is in working order and suitable for use in connection with the Content. You must ensure that your Device and/or software does not disturb or interfere with the Content, including the Site’s operations. If any upgrade to the Content requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Content will be subject to these Terms. You agree to comply with any applicable laws in your use of the Content.
7. INTERNATIONAL USE/U.S. EXPORT CONTROLS
Accessing the Content by certain persons in certain countries may not be lawful, and Riskonnect makes no representation that materials provided through the Content are appropriate or available for use in locations outside the United States. If you choose to access the Content from outside the United States, you do so at your own risk.
The United States controls the export of any software downloadable from the Content. No software or any other materials associated with the Content may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
These Terms and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any all disputes, claims and causes of action relating to these Terms, the Additional Terms, the Content, and/or the Privacy Notice, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in Atlanta, Georgia, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction, provided, however, that the party that commences an action to enforce, vacate or otherwise modify an arbitration award shall not include any confidential information in such filing unless required to do so by applicable court rules and, if so required, shall take all reasonable actions to prevent the disclosure of such confidential information, including but not limited to moving for permission to make its initial filing under seal or filing a redacted version of its filing that omits such information. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to these Terms within one year after the claim arises. You agree that a proceeding commenced after this date is barred.
If any provision of these Terms, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of these Terms shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, these Terms shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, these Terms is the entire agreement between you and Riskonnect with respect to the use of the Content and shall not be modified except in writing, signed by an authorized representative of Riskonnect. All representations, warranties and indemnification obligations made or undertaken by you will survive any termination of your access to the Content.
If you have any questions concerning these Terms, please contact us at email@example.com.
9. COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
The Content, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, Riskonnect logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Riskonnect or by other parties that have provided rights thereto to Riskonnect.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Content, in whole or in part, without the express written permission of Riskonnect. Notwithstanding the foregoing, you may view, store, print, reproduce and distribute pages within the Content solely for your personal or internal, non-commercial purposes, provided that (a) no such pages are modified, and (b) this page and any notice in such pages regarding use or ownership are included with such stored, reproduced or distributed pages.
Any trademarks, service marks, product names and company names or logos appearing in any part of the Content that are owned by Riskonnect, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site, or frame the Site, or any web page or material contained within the Content, nor may any entity include a hyperlink to any aspect of the Content in an email for commercial purposes, without the express written permission of Riskonnect.
Riskonnect respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials through the Content, you are granting permission to have such User Materials posted on the Site or via any other of the media channels used for the Content, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Riskonnect reserves the right to remove access to infringing material. Such actions do not affect any other rights Riskonnect may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
380 Interstate North Parkway SE, Suite 400
Atlanta, Georgia 30339
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Riskonnect to locate the material.
(iv) Information reasonably sufficient to permit Riskonnect to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
10. DISCLAIMER OF WARRANTIES
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE CONTENT IS AT YOUR OWN RISK. ALL MATERIALS, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. RISKONNECT AFFILIATES, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE CONTENT (THE “RISKONNECT PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE CONTENT OR THE INFORMATION OR MATERIALS PROVIDED IN CONNECTION WITH THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RISKONNECT PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. RISKONNECT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT AND/OR ITS SERVER(S) WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE RISKONNECT PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION OR MATERIAL OF ANY KIND CONTAINED WITHIN THE CONTENT FOR ANY PURPOSE.
RISKONNECT IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE CONTENT OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, RISKONNECT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. LIMITATIONS ON LIABILITY
In no event shall the Riskonnect Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use or unauthorized use of the Content; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Content or any materials or information obtained through the Content; (vi) any transactions entered into through the Content, (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components during or on account of access to or use of the Content, including any site to which the Content provides hyperlinks; or (viii) damages otherwise arising out of your use of or access to the Content, or the content of any site or sites linked to from the Content. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Riskonnect has been advised of the possibility of damages. In no event shall Riskonnect’s liability exceed the total amount paid by you to Riskonnect, if any, for accessing and/or using the Content.
You agree to defend, indemnify and hold harmless the Riskonnect Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your access to or use of the Content and/or any software. You agree to cooperate fully with Riskonnect in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms.
13. CHANGES TO THESE TERMS
Riskonnect reserves the right, in its sole discretion, to change these Terms and/or the Additional Terms at any time. Riskonnect will endeavor to provide notice of any material change to these Terms on the Site, but whether or not it provides such notice, your continued use of the Content constitutes your agreement to be bound by any changes to these Terms. Please review these Terms and/or the Additional Terms periodically for changes.