Terms of use

Effective: February 1, 2015

The Site (as defined herein) is owned by RiskAnalytics Holdings, LLC, a Kansas limited liability company (“RA,” “we,” “us,” or “our”). These Terms of Use (“Terms of Use” or “Agreement”) are an agreement between RA and any person or entity (“you” and “your”) who accesses or otherwise uses the Site and any related Content (as defined herein). These Terms of Use are intended to make you aware of the terms and conditions of governing your use of the http://www.riskanalytics.com website, any Content, or any other information offered or provided by RA (collectively, the “Site”).

The disclaimers, terms, and conditions contained in these Terms of Use are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application disclosed by RA, including through a registration process or other means. In the event of a conflict between these Terms of Use and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.

RA reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. By CLICKING THE “REGISTER,” OR BY using OR OTHERWISE ACCESSING the Site, TRANSMITTING or downloading Content or any other information to or from the Site, you hereby agree to, and shall be subject to, these Terms of USE. If you do not UNEQUIVOCALLY agree, you may not use OR OTHERWISE ACCESS the Site, TRANSMIT or download ANY Content or any other information to or from the Site.

General Terms of Use and Restrictions on Use

RA hereby grants you, and you hereby accept, a limited, nonexclusive, nonassignable, nontransferable license to access and use the Site solely for your own personal use. All rights not otherwise expressly granted by these Terms of Use are reserved by RA. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell, or exploit for any purpose any portion of or any information from the Site. You may not obscure or remove any proprietary rights notices contained in or on the Content. RA may discontinue or alter any aspect of the Site, remove Content from the Site, restrict the time the Site is available, or restrict the amount of use permitted at RA’s sole discretion and without prior notice or liability. You further agree that such measures shall be taken in RA’s sole discretion and without liability to you or any third party.

Unless otherwise specifically noted in these Terms of Use or on the Site, images, trademarks, service marks, logos, and icons displayed on the Site are the property of RA and/or its licensors and may not be used without RA’s prior written consent. Any unauthorized use of any Content, whether owned by RA or other parties, may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate, or redistribute the intellectual property found in the Site or any part thereof or grant any other person or entity the right or access to do so.

Account Security

You shall be responsible for the security, confidentiality, and integrity of all information that you receive or transmit through the Site. You shall be responsible for any authorized or unauthorized access or use of your account by any person. You have the affirmative responsibility to monitor and control access to your account and account information. If at any time you learn or suspect that your account information has been disclosed or otherwise made known to any person, you shall immediately notify RA. You shall bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Site through your account.

Content

You acknowledge that the Site may contain, provide access to, or otherwise allow you to access, view, download, upload, publish, send, receive, and transmit information or other material provided by RA, RA’s authorized agents, and/or other third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. By submitting to transmitting any information via the Site, you hereby grant Company a transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating such information. All other terms and conditions governing the information submitted by users via the Site are as set forth in the applicable user’s agreement to access or use RA’s applicable products and/or services.

RA does not generally monitor or otherwise remove Content after it is posted on the Site except as required or permitted by law or otherwise in the sole discretion of RA, and reserves the right to remove any and all Content and other information in its sole discretion. RA does not make any warranties or representations regarding any of the Content. RA does not necessarily approve, endorse, sanction, encourage, verify, or agree with any message embodied in the Content. RA is not and will not be liable for any Content that may be offensive, indecent, vulgar, defamatory, or otherwise objectionable.

Links

As a service to our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, and the presentation of third party links or content by RA is not intended to be an endorsement, sponsorship, or recommendation by RA. Please be aware that when you exit the Site, you are subject to the policies of the new third party website. You further acknowledge and agree that RA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods, or services available on or through any third party website or resource.

RA’s Privacy Policy

RA collects, stores and uses data collected from you in accordance with RA’s Privacy Policy, located at our Privacy Policy. The terms and conditions of the Privacy Policy, as modified from time to time, are hereby expressly incorporated into these Terms of Use.

User Representations

You hereby represent and warrant to RA that you (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under this Agreement; (ii) all information provided by you to RA is truthful, accurate, and complete; and (iii) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Site or any part thereof. For any information that you transmit via the Site, you hereby represent and warrant that: (a) you are owner of such information or otherwise have the right to grant RA the licenses granted pursuant to this Agreement; (b) you have secured any and all consents necessary to transmit such information and to grant RA the foregoing licenses; © the information does not violate the rights of any third party, including, without limitation, the intellectual property, privacy, or publicity rights of any third party, and such information does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any such information will not result in harm or personal injury to any third party.

Prohibited Uses

You agree not to: (a) use the Site to post or transmit any information or other material that is, or to a reasonable person may be, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful, racially, ethnically, or otherwise morally objectionable; (b) use the Site to post content, files, graphics, software, or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral, or publicity rights, of any person; © use the Site to interfere, disrupt, or attempt to gain unauthorized access to other accounts on the Site or any other computer network; (d) use the Site to post viruses, trojan horses, or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use the Site to post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; or (f) use the Site to engage in any activity that, as determined by RA, may intentionally or unintentionally violate these Terms of Use or violate any applicable laws or regulations.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

EXCLUSION OF WARRANTIES / DISCLAIMER

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE, AND ANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. RA PROVIDES NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR any CONTENT POSTED or otherwise made available therein. FURTHER, RA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR any CONTENT WILL MEET YOUR EXPECTATIONS. RA EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.

ANY CONTENT OR OTHER MATERIALS ACCESSED, USED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE RISK AND EXPENSE. YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OR USE OF ANY SUCH CONTENT OR MATERIALS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RA 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 RA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF the applicable SUBSTITUTE PRODUCTS or SERVICEs RESULTING FROM the inability to access or utilize any DATA, INFORMATION, MESSAGES RECEIVED, OR TRANSACTIONS THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL RA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless RA, its officers, members, directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with: (i) your access to or use of the Site or any part thereof; (ii) any information you post via the Site; (iii) a breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under this Agreement; (iv) infringement or misappropriation of any intellectual property or other rights of RA or third parties by you; or (v) any negligence or willful misconduct by you.

Governing Law and Other Miscellaneous Terms

This Agreement shall be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Kansas, without reference to its conflicts or choice of law principles. The parties agree that the sole and exclusive jurisdiction and venue for any and all disputes arising under this Agreement shall be in any trial court located in or having jurisdiction over Wyandotte County, Kansas. Each of the parties hereby irrevocably submits and consents to the personal jurisdiction of the above-named courts. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by such federal or state courts and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court.

The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to RA which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that RA has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies RA may have. The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.

Copyright and Copyright Notices

RA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RA the following information:

  1. An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copright interest;
  2. A description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is located on the Site sufficient to allow us to locate the allegedly infringing material;
  3. Your address, telephone number, and email address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent , or the law; and
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner's behalf.

Changes to our Policies

Since offerings and technologies change, we reserve the right to change, modify, add, or remove portions of these Terms of Use, in our sole discretion, at any time without prior notice to you. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. Your continued use of this Site following the posting of changes to these Terms of Use constitutes your acceptance of those changes. If you have any questions or would like further clarification, please e-mail us at info@riskanalytics.com. Any changes in RA’s policies will be communicated on this page.

All inquiries may be directed to:

RiskAnalytics Holdings, LLC
4001 W 114th St, Suite 300
Leawood, Kansas 66211
Email: info@riskanalytics.com