RiskAssure Terms of Use
Last Modified: [07/22/2020]
These Terms of Use (these “Terms” or this “Agreement”) govern your use of RiskAssure (“RiskAssure”) and constitute a license for your use of RiskAssure. By accessing, viewing, or using RiskAssure, you acknowledge that you have read, understand, and agree with these Terms. If you disagree with these Terms and the Privacy Policy at https://riskassure.com/terms and https://riskassure.com/privacy-policy and/or do not wish to be bound by these Terms or the Privacy Policy, do not use RiskAssure. If you are accepting these Terms of Use on behalf of a business, you represent and warrant that you have sufficient authority to bind the business, and that your acceptance of these Terms shall bind the company on whose behalf you are accepting these Terms.
Your Use of RiskAssure
Upon payment in full for each user accessing RiskAssure through you, Risk Assure, LLC, grants you a limited, nonexclusive, revocable license to use RiskAssure and its service subject to the restrictions set forth in these Terms of Use. The license is transferable solely in the event that licensee is acquired by a third party, merges with a third party, or some or all of licensee’s assets, including this license, are acquired by a third party. RiskAssure does not consent to any other transfer of this license.
By registering your business to use RiskAssure, you represent and warrant that you are of legal age to form a binding contract with Risk Assure, LLC, and meet all of the eligibility requirements for doing so in the state in which you reside. RiskAssure is offered and available to users who are at least 18 years of age or older, and reside in the United States of America or any of its territories or possessions. Use of RiskAssure is intended for your employees, and is under no circumstances intended for any minors unable to legally agree to terms for using it.
By registering to use RiskAssure, you agree that you are responsible for:
- Making all arrangements necessary for your employees to have access to RiskAssure.
- Ensuring that all persons who access RiskAssure through your company are aware of all applicable terms and policies, agree with them, and comply with them.
It is a condition of your use of RiskAssure that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with RiskAssure, including but not limited to through the use of any interactive features on RiskAssure.com, is governed by our Privacy Policy at https://riskassure.com/terms.
You must safely guard your username, password or any other piece of information generated as part of RiskAssure’s security procedures, and you must not disclose such information to any other person or entity, other than a colleague in the ordinary course of business. You agree to notify RiskAssure immediately of any unauthorized access to or use of your username or password, or any other breach of security.
RiskAssure has the right to disable any username, password, or other identifier, whether chosen by you or provided by RiskAssure, at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms of Use, and/or any local, state, or federal law or regulation.
Data Privacy
In order to function, RiskAssure must compare types of information obtained during its scan with the value of such information published by government agencies and industry experts. When doing so, RiskAssure anonymizes such data so that no personally identifiable information is shared with any third parties; RiskAssure does not duplicate any data observed during its scan. You understand and agree that RiskAssure may use anonymized data found during its scan and anonymized customer feedback in marketing communications; any such communications will not reveal any Personally Identifiable Information, any user information, or the identity of your entity.
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.
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.
These Terms of Use are the entire and exclusive agreement between RiskAssure and you regarding RiskAssure, and these Terms of Use supersede and replace any prior agreements between RiskAssure and you regarding RiskAssure and its Service.
