Terms and Conditions

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.

ALM, Exceedance, RiskBrowser, RiskLink, RiskOnline, RiskSearch, RiskTools, the RMS logo, RMS, RMS (one) are registered trademarks of Risk Management Solutions, Inc.

All other trademarks are the property of their respective owners.

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:

  • is illegal, misappropriated, infringing or dilutive;
  • is inaccurate or misleading;
  • is defamatory, libelous or in violation of anyone’s privacy rights;
  • is threatening or harassing;
  • is obscene, offensive or otherwise inappropriate; or
  • 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 and Privacy 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
7575 Gateway Blvd.
Newark, CA 94560