End User License Agreement & Privacy Policy
Last Modified: [07/22/2020]
Risk Assure, LLC (“RiskAssure” or “We”) respects your privacy and are committed to protecting it. This End User License Agreement and Privacy Policy (the “Agreement”) outlines the conditions for your using RiskAssure products and services; the type of information we may collect from you or that you may provide when you use RiskAssure; how we use that information: and our practices for collecting, using, maintaining, and disclosing various information.
This Agreement constitutes a license for your use of RiskAssure subject to the Terms of Use entered into by the entity providing your access to RiskAssure. By accessing, viewing, or using RiskAssure, you acknowledge that you have read, understand, and agree with this Agreement. If you disagree with this Agreement and/or do not wish to be bound by this Agreement, do not use RiskAssure.
Intellectual Property Rights
RiskAssure 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 Risk Assure, LLC, 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.
You agree that you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit RiskAssure’s content, 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 computer to assist RiskAssure’s operation.
You must not:
- Modify copies of any materials from RiskAssure.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from RiskAssure.
- Reverse engineer, decompile, disassemble, reproduce, or create any derivative works from any portion or subset of RiskAssure or any of its source code, object code, images, or other content.
Violation of the foregoing will result in your license to use RiskAssure being immediately terminated. RiskAssure reserves the right to pursue any or all additional remedies in our sole discretion.
The “RiskAssure” name and logo, and all related names, logos, product, and service names, designs, and slogans are the intellectual property of Risk Assure, LLC, or its affiliates or licensors. You must not use such marks without the prior written permission of Risk Assure, LLC. All other names, logos, product, and service names, designs and slogans on the Website are the intellectual property of their respective owners.
Prohibited Uses
You may use RiskAssure only for lawful purposes, in accordance with this Agreement, and pursuant to RiskAssure’s Terms of Use at https://riskassure.com/terms. You agree not to use RiskAssure in any way that violates any applicable federal, state, local, or international law or regulation.
Use RiskAssure at Your Own Risk
You agree that your access to and use of RiskAssure and its service is at your own risk. Risk Assure, LLC, will have no responsibility for any harm, including data loss or data corruption, that results from your access to or use of RiskAssure, its content, or its service.
Disclaimer of Warranties
You understand that Risk Assure, LLC, cannot and does not guarantee or warrant that files available for downloading from the internet, including those made available by Risk Assure, LLC, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to RiskAssure for any reconstruction of any lost data. RISK ASSURE, LLC, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF RISKASSURE OR ANY SERVICES OR ITEMS OBTAINED THROUGH RISKASSURE.
YOUR USE OF RISKASSURE, ITS CONTENT, AND ANY SERVICES VIA RISKASSURE IS AT YOUR OWN RISK. RISKASSURE AND ITS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RISK ASSURE, LLC, NOR ANY PERSON ASSOCIATED WITH RISK ASSURE, LLC, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF RISKASSURE. WITHOUT LIMITING THE FOREGOING, NEITHER RISK ASSURE, LLC, NOR ANYONE ASSOCIATED WITH RISK ASSURE, LLC, REPRESENTS OR WARRANTS THAT RISKASSURE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT RISKASSURE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
RISK ASSURE, LLC, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL RISK ASSURE, LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RISKASSURE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE MAXIMUM AMOUNT OF DAMAGES YOU MAY RECOVER SHALL NOT EXCEED THE FEES PAID TO RISK ASSURE, LLC, FOR YOUR ACCESS TO RISKASSURE OVER THE TWELVE MONTHS PRECEDING THE DATE OF YOUR ALLEGED LOSS.
Indemnification
You agree to defend, indemnify, and hold harmless Risk Assure, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of RiskAssure, including, but not limited to, any use of the RiskAssure’s content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from RiskAssure, or the violation of this Agreement of Service by a third party to whom you granted your access to RiskAssure.
Privacy
Our Privacy Agreement applies to information we collect:
- Via RiskAssure
- In electronic communications, such as e-mail and text messages, between you and RiskAssure
Please read this Agreement carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use RiskAssure. By accessing or using RiskAssure, you agree to this Agreement. This Agreement may change from time to time. Your continued use of RiskAssure after we make changes is deemed to be acceptance of those changes, so please check the Agreement from time to time for updates.
Information We Collect
We collect several types of information from and about you for your employer’s use in determining your ability to enter its premises, including information:
- By which you may be personally identified, such as name, e-mail address, or telephone number (“Personally Identifiable Information”)
- That is about you but individually does not identify you
- About your computer and internet connection, including your IP address, operating system, and browser type.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as RiskAssure runs on your computer. Information collected automatically may include Personally Identifiable Information, as well as usage details.
- From third parties, including our business partners and affiliates
Information You Provide To Us
The information we collect on or through RiskAssure may include:
- Information that you provide by filling in forms on RiskAssure.
- Records and copies of your correspondence to us and ours to you.
- Details of transactions facilitated by RiskAssure.
Use of Your Information
The information we collect helps your employer understand where and how data in its possession is stored, how it may be accessed, and its potential exposure to liability. Any data collected from your computer will be anonymized when RiskAssure transmits it from your computer. We will not share your Personally Identifiable Information with any third party. We may also use your information to:
- Analyze usage patterns
- Improve the performance of RiskAssure
- Recognize you when you return to RiskAssure
- Carry out any obligations and enforce any rights arising from any agreements entered into between you and us
- Notify you about any changes to RiskAssure or any products or services we offer through it
- Marketing purposes, but only after anonymizing information so no entity or user information is made available. We may also use user feedback as anonymous testimonials in marketing communications.
- Take other actions which we may describe when you provide the pertinent information
- For any other purpose with your consent
Disclosure of Your Information
We may disclose aggregated information about our users and usage Risk Assure, LLC.
588 3 Mile Rd NE
Suite 101
Grand Rapids, MI 49546
Miscellaneous
No waiver of any breach of any provision of this Agreement will be deemed a waiver of any preceding or succeeding breach or of any other provision of this Agreement. No extension of time for performance of any obligations or acts will be deemed an extension of the time for performance of any other obligations or acts.
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
This Agreement is governed by the laws of the State of Michigan and any disputes arising out of this Agreement shall be litigated in a court of competent jurisdiction sitting in Kent County, Michigan, which shall apply the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rules.
RiskAssure is controlled by facilities in the United States of America. Risk Assure, LLC, makes no representations that RiskAssure is appropriate or available for use in other locations. If you access RiskAssure from any location outside the United States of America, you do so at your own risk and you are solely responsible for your compliance with all local laws and regulations.
This Agreement is the entire and exclusive agreement between Risk Assure, LLC, and you regarding RiskAssure, and this Agreement supersedes and replace any prior agreements between Risk Assure, LLC, and you regarding RiskAssure and its service.
