Terms of Use

Introduction

Please read these terms of use carefully before using a Risk Perspective’s Website.  By accessing, browsing, or using a Risk Perspective’s Website, you acknowledge that you have read, understood, and agree to these terms and conditions and agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use Risk Perspective’s Website(s).

If you have not yet purchased Services from Risk Perspective or are not already a Risk Perspective Client, we encourage you to contact us to learn more about the benefits and value that Risk Perspective can provide.  You can find our contact information on www.RiskPerspective.net.

Purpose of this Agreement

The purpose of this Agreement is to outline the terms and conditions that govern your use of a Risk Perspective’s Website.

Website Content and Copyright

This Website is the property of Risk Perspective and is protected by U.S. and international copyright law and conventions. This Website and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Risk Perspective prior written consent. Information on this Website may contain technical inaccuracies or typographical errors. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Risk Perspective grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this Website, solely on your computer and for your personal, non-commercial use. This permission requires that you:

  1. Do not modify the content displayed on a Risk Perspective’s Website,
  2. Keep intact all copyright, trademark, and other proprietary notices
  3. Accept any terms, conditions, and notices accompanying the content or otherwise set forth in a Risk Perspective’s Website.

Notwithstanding the foregoing, any software and other materials that are made available for download, access, or other use from a Risk Perspective’s Website with their own license terms, conditions, and notices are governed by such terms, conditions, and notices.

By furnishing information, Risk Perspective does not grant any licenses to any copyrights, patents or any other intellectual property rights.

Your failure to comply with the terms, conditions, and notices on this Website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Risk Perspective does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Website on another Website or in any other media.

You acknowledge that access to and use of a Risk Perspective’s Website is subject to these TERMS OF USE and Risk Perspective must approve any expanded access or use in writing prior to such expanded access or use.

Changes or Updates to the Website

Risk Perspective reserves the right to change, update or discontinue any aspect of this Website and related terms at any time without notice. Risk Perspective may also make improvements and/or changes in the product and service offerings described in this information at any time without notice. Your continued use of the Website after any such change constitutes your agreement to these TERMS OF USE, as modified. You should therefore periodically visit this page to determine the then-current terms to which you are bound.

Risk Perspective may, without notice to you, at any time revise these Terms of Use and any other information contained in this Website by updating this posting. Risk Perspective may also make improvements or changes in the product and service offerings described in this Website at any time without notice.

Confidential Information

Please note any information or material sent to Risk Perspective is deemed NOT confidential. By sending Risk Perspective any information or material, you grant Risk Perspective an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree Risk Perspective is free to use any ideas, concepts, know-how, or techniques that you send for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Website will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally identifiable information that you submit to Risk Perspective for the purpose of receiving products or services will be handled in accordance with Risk Perspective’s Privacy Practices. You can learn more about Risk Perspective’s Privacy Practices on Risk Perspective’s Website.

Global Availability

Information Risk Perspective publishes on the World Wide Web may contain references or cross references to Risk Perspective’s products and services that are not announced or available in your country. Such references do not reflect Risk Perspective intent to announce such products and service in your country. Please consult your local Risk Perspective business contact for information regarding products and services that are available for you.

Risk Perspective’s obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Risk Perspective from this Website that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Business Relationships

Risk Perspective makes no representations whatsoever about any other website which you may access through this Website. When you access another company’s website, even though the site may contain a Risk Perspective logo, please understand that the website you visit is independent from Risk Perspective, and that Risk Perspective has no control over the content on that website. In addition, a link to another company’s website does not mean that Risk Perspective endorses or accepts any responsibility for the content, or the use, of such website.

In addition, Risk Perspective is not a party to, or responsible for, any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Risk Perspective Website. Accordingly, you acknowledge and agree that Risk Perspective is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those websites or resources.

It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature and to protect your information as you deem appropriate.

Links to this Website

Risk Perspective does not endorse, sponsor or accept any responsibility for third party websites or links on this website. You agree to direct any concerns relating to these third party websites or links to the relevant website administrator.

All links to this Website require Risk Perspective approval in writing, except that Risk Perspective consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this Website; (b) misrepresent your relationship with Risk Perspective; (c) imply that Risk Perspective approves or endorses you, your website, or your service or product offering(s); and (d) present false or misleading impressions about Risk Perspective or otherwise damage the goodwill associated with the Risk Perspective name, trademarks or other intellectual properties. As a further permissible condition to link to this site, you agree that Risk Perspective may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease using any Risk Perspective trademark and references to Risk Perspective products and services.

Translations

Certain text in this Website may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Risk Perspective makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranties for additional conditions.

Disclaimer of Warranties

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION AND PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. EQUITY METRICS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, EQUITY METRICS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN OR ACCESS MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

Accuracy of Information

While the information contained on this Website has been obtained from sources believed to be reliable, Risk Perspective disclaims all warranties as to the accuracy, completeness or adequacy of such information. Risk Perspective provides no assurances that any reported problems have been resolved with the use of any information that Risk Perspective provides.  You assume the sole responsibility for the use you make of this Website to achieve your intended results.

Limitation of Liability

IN NO EVENT WILL EQUITY METRICS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF EQUITY METRICS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Termination

You agree to comply with all applicable laws and agree not to take any action that would compromise the security or viability of this Website when accessing and using this Website. Risk Perspective may terminate your access to this Website at any time for any reason. The terms hereunder regarding Disclaimer of Warranty, Limitation of Liability, Accuracy of Information, Indemnification, and Third Party Rights shall survive termination.

Indemnification

You agree to indemnify, defend and hold harmless Risk Perspective, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of your use and/or misuse of this Website.

Third Party Rights

The terms hereunder regarding Disclaimer of Warranty, Limitation of Liability and Indemnification are for the benefit of Risk Perspective, and its licensors, employees and agents, each of whom shall have the right to assert and enforce those terms against you.

General Provisions

Any provision in any written communication received by Risk Perspective in connection with this Website that is inconsistent with, or adds to, these TERMS OF USE is void. If any term hereunder is determined by a court of competent jurisdiction to be invalid, all remaining terms will remain in full force and effect.

Governing Law

These TERMS OF USE and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of Massachusetts, without regard to its conflicts of law principles. You consent to the jurisdiction of the courts of the state of Massachusetts.

Risk Perspective performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits Risk Perspective right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by Risk Perspective with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within thirty (30) days from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is found invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Privacy Statement

Your right to privacy is of paramount importance to Risk Perspective. When you register to use Risk Perspective’s Website, Risk Perspective will ask you to provide your name, organization, email address, and other related information.  For additional information about Risk Perspective’s Privacy Practices, reference www.RiskPerspective.net.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website is not intended to represent any real individual, company, product, or event.

Entire Agreement

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Risk Perspective with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Risk Perspective with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved by Risk Perspective.