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Risk Management Solutions, Inc. ("RMS") provides this Paradex and WindX™ website ("Website") to you subject to the terms and conditions set forth below ("Terms of Use"). RMS reserves the right in its sole discretion, at any time, to modify, discontinue, or terminate the Website or to modify or terminate these Terms of Use without advance notice. Modifications to these Terms of Use or any policies will be posted on the Website or will be made in compliance with any notice requirements set forth in these Terms of Use. If any modification is not acceptable to you, your only recourse is to cease using the Website. By continuing to use the Website following any posting of a new Terms of Use or policies on the Site, you accept and agree to be bound by the new Agreement or policies.
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This Website, including any Paradex and WindX™ information, White Papers (including historical information), Index Look-up Tables, any other such information that RMS may provide from time to time, and any and all other content, text, data, information, and images on the Website (collectively, "Content"), and any copyrights, trademarks, patents, trade secrets, or other intellectual property rights (collectively, "Intellectual Property Rights") in such Content, is the property of RMS or its licensors. You will be provided access to certain Content, and may not use any Content except as specifically permitted by these Terms of Use or by a Consulting Services Agreement between you and RMS. Except as expressly provided herein, RMS does not grant any express or implied rights to use the Content.
You are permitted to access and use the Website and the Content that is provided to you there, subject to the restrictions below. These materials may be used for the purpose of understanding the types of Content available, the ways it may be used for commercial purposes, and to evaluate whether you wish to obtain rights to use the Content for your business and commercial purposes. You are expressly prohibited from using the Content for any commercial purpose whatsoever without the prior written consent of RMS. You assume the entire risk of any use you may make or permit to be made of the Content.
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THE PARADEX INDEX VALUES ARE BASED ON HAZARD DATA REPORTED BY NATIONAL GEOLOGICAL/SEISMOLOGICAL/METEOROLOGICAL OFFICES OF THE AFFECTED REGION IN THE COVERED AREA AND DEPEND ON THE ACCURACY OF THAT DATA. RMS DOES NOT AND CANNOT VERIFY AND GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE DATA PROVIDED BY THESE GEOLOGICAL/SEISMOLOGICAL/METEOROLOGICAL OFFICES.
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PARADEX INDEX VALUES ARE INTENDED TO REFLECT A WEIGHTED MAGNITUDE OF ESTIMATED EVENT INTENSITY, WHERE THAT MAGNITUDE IS WEIGHTED ACCORDING TO THE ESTIMATED RELATIONSHIP BETWEEN INDUSTRY INSURED LOSSES AGGREGATED TO PRE-DEFINED REFERENCE LOCATIONS AND HAZARD AT EACH OF THESE REFERENCE LOCATIONS. PARADEX INDEX VALUES ARE NOT INTENDED TO BE RMS' BEST ESTIMATE OF INDUSTRY INSURED LOSSES. AS SUCH, RMS MAKES NO WARRANTY AS TO ACCURACY OF THE RELATIONSHIP AND CORRELATION BETWEEN ACTUAL INDUSTRY INSURED LOSSES AND PARADEX INDEX VALUES, INCLUDING ANY PARADEX INDEX VALUES PROVIDED BY RMS AS CALCULATION AGENT OR SIMILAR.
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RMS MAY FROM TIME TO TIME ALTER THE ALGORITHM, PARAMETERS, INPUTS OR OTHER ASPECTS OF THE PARADEX INDEX VALUE CALCULATION IN SUBSEQUENT VERSIONS OF PARADEX INDICES, INCLUDING BUT NOT LIMITED TO UPDATING THE TREATMENT OF HAZARD FOLLOWING AND EVENT, ALTERING THE INTERPOLATION PROCEDURE AND UPDATING THE ESTIMATED RELATIONSHIP BETWEEN INDUSTRY INSURED LOSSES AND HAZARD AT ANY REFERENCE LOCATION. HOWEVER, RMS WILL NOT BE UNDER ANY OBLIGATION TO MAKE SUCH UPDATES OR IMPROVEMENTS.
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Assignment. You may not assign these Terms of Use (by operation of law or otherwise) without the prior written consent of RMS and any prohibited assignment will be null and void. RMS may assign these Terms of Use or any rights hereunder without your consent.
No Waiver; Severability. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
Governing Law; Jurisdiction. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. 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.
Entire Agreement. These Terms of Use together with the rules and policies of RMS and other Agreements incorporated herein by reference constitutes the entire agreement between RMS and you with respect to the subject matter of these Terms of Use.
No Third Party Beneficiaries. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and RMS's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and RMS, except as otherwise stated in a Consulting Services Agreement entered into between you and RMS, if applicable.
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 paradex@rms.com. You may also contact us via mail at:
Risk Management Solutions, Inc. Attn: General Counsel 7575 Gateway Blvd. Newark, CA 94560