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Terms of Use
Risk Management Solutions, Inc. (“RMS”) provides
this website to you subject to these Terms of Use. By using this
website, you accept and agree to comply with these Terms of Use. If you
do not agree to these Terms of Use, do not use this website.
1. Ownership
This website, including any and all content, text, data, information and
images (“Content”), and any copyrights, trademarks, patents, trade
secrets or other intellectual property rights in such Content
(“Intellectual Property Rights”), is the property of RMS or its
licensors. You may not use any Content of this website unless
specifically permitted by the Content or these Terms of Use.
2. Use of this Website
This website includes pages that are publicly available to all users
(“General Website”), and a restricted area that is only available to
users to whom RMS has specifically permitted access (“Registered User
Site”).
In general, you may only use the General Website for your personal,
informational, and non-commercial use, without modification or
alteration of this website in any way.
Your use of the Registered User Site is subject to (i) the terms and
conditions of your (or your employer’s) agreement with RMS regarding use
of the Registered User Site, if applicable; and (ii) any terms and
conditions, restrictions and license agreements set forth in the
Registered User Site with respect to the Content. You should presume
that all Content in the Registered User Site is confidential and
proprietary to RMS, and that you may not reproduce, copy, sell, publish,
distribute, modify or display such Content unless specifically permitted
in writing by RMS.
You agree not to remove or modify any copyright or other proprietary
notices contained in this website.
3. User Content
Except as provided in the [Privacy Policy], or in a written agreement
that you or your employer has with RMS, any Content that you submit to
RMS using this website or in connection with this website (“User
Content”) will be deemed non-confidential and RMS may disclose it to any
party without your permission. You agree that, except as provided in the
[Privacy Policy] or in a written agreement with RMS, you grant to RMS a
worldwide, royalty-free, perpetual, irrevocable, sublicenseable,
non-exclusive right and license to translate, reproduce, sell, publish,
distribute, modify, adapt, display, perform, promote, link to or use, in
any form or media, any User Content. RMS is not obligated to use or post
any Content you submit, and makes no representations or warranties
regarding any User Content on this website.
You agree not to submit to RMS or this website any User Content that you
are not authorized to submit, and that User Content does not and will
not infringe upon any other party’s Intellectual Property Rights. RMS
undertakes no obligation to verify your right to use User Content or
submit it to this website.
4. Registration and Passwords
Your access to the Registered User Site may require a user name and
password (“User Login”). Any details you provide to us to establish or
use your User Login must be correct, current and complete. You are
responsible for maintaining the confidentiality of your User Login, and
are fully responsible for all activities that occur under your User
Login. You agree to notify us immediately, at
info@rms.com, of any loss,
theft or unauthorized use of your User Login. RMS reserves the right to
modify, revoke or refuse a User Login to you or any other party. In
addition, RMS reserves the right to make some, all, or none of its
website a Registered User Site.
If you receive access to the Registered User Site through your employer
without the necessity of a User Login, you must still comply with these
Terms of Use.
5. Software
Any software that RMS makes available for download from this website is
the copyrighted work of RMS or its licensors. Your use of downloadable
software is subject to the terms and conditions of the End User License
Agreement (“EULA”) applicable to the software, or the applicable written
agreement between you (or your employer) and RMS regarding the software.
Any other use is expressly prohibited by RMS. By downloading software
from RMS’ website, you also agree that you will not download, use or
transmit any software in violation of any export control laws and
regulations, including but not limited to U.S. and European export
control laws and regulations.
6. Linking
You agreed to give us prior written notice, to
info@rms.com, if you wish
to link any other web page to this website. Only a direct link to the
home page may be made, without framing. We reserve complete discretion
to refuse anyone permission to link to our website.
7. Prohibited Content and Conduct
You agree that you will submit User Content only as permitted by this
website and these Terms of Use. You will NOT (i) submit User Content
that is not functionally and technically compatible with this website;
(ii) attempt to and will not damage, corrupt, tamper with or infect this
website, Content or any telecommunication system of RMS with a virus or
other malicious computer program; (iii) send, create or reply to “mailbombs,”
engage in “spamming” or undertake any other activity that may adversely
affect the use, functionality or enjoyment of this website by anyone; or
(iv) compromise the security of this website, or anyone’s User Login or
account.
Furthermore, you agree that you will not engage in any conduct in
connection with this website, (including the submission of User Content)
that:
(i) is illegal, misappropriated, infringing or dilutive;
(ii) is inaccurate or misleading;
(iii) is defamatory, libelous or in violation of anyone’s privacy
rights;
(iv) is threatening or harassing;
(iii) is obscene, offensive or otherwise inappropriate; or
(iv) you do not have a right to engage in, including but not limited to
providing inside information; or providing information that you are
prohibited from disclosing because of your obligations to a current or
former employer, or your obligations under a non-disclosure agreement
with another party.
RMS may or may not elect to pre-screen, monitor, or edit any User
Content posted in chat rooms, message boards, blogs and the like which
may be available through this website. However, RMS has the sole and
exclusive discretion to remove any User Content that, in RMS’ judgment,
fails to comply with these Terms of Use or the law, or is otherwise
objectionable. RMS is not responsible for any failure or delay in
removing such User Content.
You agree that if you engage in any behavior that violates these Terms
of Use, RMS may release your details to system administrators of other
websites and law enforcement to assist them in resolving such incidents
of misconduct. You also agree to cooperate with RMS if RMS suspects that
you or another party has breached these Terms of Use or laws applicable
to this website.
8. Third Party Websites and Information
RMS has no obligation to monitor, control or restrict the use of this
website, or any third party websites available via links to this
website. RMS is not responsible for the content, accuracy, compliance
with laws or any other aspects of non-RMS websites. The inclusion of a
link on RMS’ website does not imply any endorsement, evaluation or
verification of the linked site by RMS. Furthermore, RMS does not have
any obligation to verify any User Content submitted by a user or to
provide you with any information regarding any Content, User Content,
third party (including third party websites, links or content) or user.
9. Disclaimers
THIS WEBSITE, INCLUDING ANY CONTENT, LINKS, AND SOFTWARE PROVIDED IN
CONNECTION WITH THIS WEBSITE (“ASSOCIATED MATERIALS”), ARE PROVIDED ON
AN “AS IS” BASIS. RMS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, WITH RESPECT TO THIS WEBSITE AND ASSOCIATED MATERIALS,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, RESULTS,
ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND
FREEDOM FROM COMPUTER VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE
EXCLUSION OF ANY OF THE ABOVE WARRANTIES, THE REMAINING EXCLUSIONS WILL
APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Limitation of Liability and Indemnification
RMS SHALL HAVE NO LIABILITY TO YOU, UNDER ANY CONTRACT, TORT, STRICT
LIABILITY OR OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND RELATING TO
YOUR USE OR INABILITY TO USE THIS WEBSITE, ITS CONTENT, LINKS AND
SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL,
INTERRUPTION OF WORK OR COMPUTER OR SYSTEM FAILURE), EVEN IF RMS HAS
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RMS, INCLUDING ITS
PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, DIRECTORS, EMPLOYEES AND
AGENTS OF THE FOREGOING, FROM ANY AND ALL DEMANDS, CLAIMS, ACTIONS,
DAMAGES, LIABILITIES, EXPENSES OR HARMS, INCLUDING ATTORNEYS FEES,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
11. Dispute Resolution, Choice of Law, Etc.
All disputes relating to this website and your use of this website,
including but not limited to breaches of these Terms of Use and the
Privacy Policy, shall be governed by the laws of California without
giving effect to any law or rule that would cause the laws of any other
jurisdiction to be applied. You consent to the exclusive jurisdiction of
and venue in the State and Federal courts of Santa Clara County,
California, and agree that venue in such courts is appropriate.
If a court of competent jurisdiction finds that any provision of these
Terms of Use or the Privacy Policy
is invalid or unenforceable, such
provision will be deemed stricken without effect on the remaining
provisions, which shall remain in full force and effect.
12. Modification or Termination
RMS may, in its complete discretion, modify, edit, translate, suspend,
restrict access to or terminate this website, Content or any link at any
time without liability or prior notice. RMS may also, in its complete
discretion, terminate any party’s right or access to this website.
These Terms of Use were last updated on May 29, 2008. RMS reserves
the right to modify, amend, add to, replace or remove these Terms of Use
at any time. You are advised to check the Terms of Use,
Privacy, and
Legal links for updates whenever you visit
the RMS website.
13. Contacting RMS
If you have an inquiry regarding this website, including a report of any
behavior in connection with this website that violates these Terms of
use or applicable laws, please contact us at
info@rms.com. You may also
contact us via mail at:
Risk Management Solutions, Inc.
Attn: General Counsel
7015 Gateway Blvd.
Newark, CA 94560
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