Terms of Service

If you create a User Account in one of RiskWatch’s products, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify RiskWatch of any unauthorized uses of your account or any other breaches of security. RiskWatch will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions

If you post material to the Website you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. By uploading content, you represent and warrant that:

• The uploading content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
• The content does not contain or can install any viruses, worms, malware, Trojan horses or other harmful or destructive content.

General Terms: By selecting a product or service, you agree to pay RiskWatch the one-time or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for an annual subscription period as indicated. Payments are not refundable.

Automatic Renewal:The subscription will not auto-renew. Any renewal requires the customer’s prior written approval and a newly signed quote or Order Form. RiskWatch will not issue an invoice without them.

Fees; Payment: By signing up for a SaaS account you agree to pay RiskWatch the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services.

Support:Your service may include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by RiskWatch to respond within one business day) concerning the use of the RiskWatch products. “Priority” means that support takes priority over support for users of the Essentials/Standard riskwatch.com services. All support will be provided in accordance with RiskWatch standard services practices, procedures and policies.

We have not reviewed, and cannot review, all the material, including computer software, made available through the websites and webpages to which riskwatch.com links, and that link to riskwatch.com. RiskWatch does not have any control over those non-RiskWatch websites and webpages and is not responsible for their contents or their use. By linking to a non-RiskWatch website or webpage, RiskWatch does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. RiskWatch disclaims any responsibility for any harm resulting from your use of non-RiskWatch websites and webpages.

As RiskWatch asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by riskwatch.com violates your copyright, you are encouraged to notify RiskWatch in accordance with RiskWatch Digital Millennium Copyright Act (“DMCA”) Policy. RiskWatch will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. RiskWatch will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of RiskWatch or others. In the case of such termination, RiskWatch will have no obligation to provide a refund of any amounts previously paid to RiskWatch.

This Agreement does not transfer from RiskWatch to you any RiskWatch or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with RiskWatch. RiskWatch, riskwatch.com, the riskwatch.com logo, and all other trademarks, service marks, graphics and logos used in connection with riskwatch.com, or the Website are trademarks or registered trademarks of RiskWatch or RiskWatch licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any RiskWatch or third-party trademarks.

By activating a partner product from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

RiskWatch reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. RiskWatch may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

RiskWatch may terminate your access to all or any part of RiskWatch.com at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. If you have a paid SaaS account, such account can only be terminated by RiskWatch if you materially breach this Agreement and fail to cure such breach within thirty (30) days from RiskWatch notice to you thereof; provided that, RiskWatch can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The Website is provided “as is”. RiskWatch and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither RiskWatch nor its suppliers, partners, and licensors, makes any warranty that the Website will be error free or that access thereto will be 100% continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

In no event will RiskWatch, or its suppliers, partners, or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to RiskWatch under this agreement during the twelve (12) month period prior to the cause of action. RiskWatch shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

You represent and warrant that (i) your use of the Website will be in strict accordance with the RiskWatch Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

You agree to indemnify and hold harmless RiskWatch, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

This Agreement constitutes the entire agreement between RiskWatch and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of RiskWatch, or by the posting by RiskWatch of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Florida, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sarasota County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sarasota County, FL, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RiskWatch may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.