Terms and Conditions
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
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 firstname.lastname@example.org, 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.
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.
You agreed to give us prior written notice, to email@example.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
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.
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.
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.
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.
13. Contacting RMS
Risk Management Solutions, Inc.
Attn: General Counsel
7575 Gateway Blvd.
Newark, CA 94560