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Terms of Use
1.1 Definitions
Unless otherwise
indicated in this
Agreement, the following
terms shall be defined
for the purposes of this
Agreement as follows:
(a)
"us" and "we" means
RiskFile.com and any
subsidiary, affiliate,
assign, successor,
employee, director,
officer, agent, or
representative thereof;
and
(b)
"you" means a user of
the RiskFile.com.
Eligibility for
Membership.
Our services are
available only to
persons who can form
legally binding
contracts under
applicable law. Without
limiting the foregoing,
our services are not
available to individuals
under the age of 19, or
age of majority in your
jurisdiction of
residence. If you do not
qualify, please do not
use our services.
Change
in Services.
We may, in our sole
discretion, add, delete
or change some or all of
our services at any
time.
1.2
System Integrity.
You may not use any
device, software or
routine to interfere or
attempt to interfere
with the proper working
of the RiskFile.com or
any activities being
conducted on the
RiskFile.com. You may
not take any action,
which imposes an
unreasonable or
disproportionately large
load on our
infrastructure.
1.3
Passwords.
You are responsible for
the confidentiality and
use of your username and
password. You may not
disclose or share your
password to any third
parties or use your
password for any
unauthorized purpose.
You acknowledge that
using the service on two
or more computers
simultaneously is in
violation of this
Agreement. You agree to
notify RiskFile.com
immediately of any loss,
theft, or unauthorized
use of his/her username
and password.
1.4
Your Information
Your information
includes any information
you provide to us or
other users during the
registration or in any
public message area or
through any email
feature (collectively
"Your Information").
With respect to Your
Information:
(a)
You agree that Your
Information provided to
us by you during the
registration is true,
accurate, correct and
complete and that you
will notify us
immediately of any
changes to it. You agree
not to impersonate any
other person or entity
or to use a false name
or a name that you are
not authorised to use or
to provide incorrect
information as to your
location or relevant to
your right to use the
RiskFile.com.
(b)
You agree that you are
solely responsible for
Your Information, and we
act as a mere passive
conduit for your online
distribution and
publication of Your
Information. However, we
reserve the right to
take any action with
respect to such
information we deem
necessary or appropriate
in our sole discretion
if we believe that it
may create liability for
us or may cause us to
lose (in whole or in
part) the services of
our ISPs or other
Suppliers.
(c)You
undertake and agree that
Your Information:
( i)
shall not infringe any
third party's copyright,
patent, trademark, trade
secret or other
proprietary right or
rights of publicity or
privacy; (ii) shall not
violate any law,
statute, ordinance or
regulation; (iii) shall
not be defamatory, trade
libellous or unlawfully
threatening; (iv) shall
not be false, inaccurate
or misleading; (v) shall
not contain any
invitation, inducement
or offer to buy or sell
any kind of security or
other investments; (vi)
shall not contain any
promotional material in
respect of any kind of
security or other
investment; (vii) shall
not be provided for any
business purpose; and
(viii) shall not contain
any viruses, Trojan
horses, worms, time
bombs or other computer
programming routines
that are intended to
damage, detrimentally
interfere with,
surreptitiously
intercept or expropriate
any system, data or
personal information.
(d)
Solely to enable
RiskFile.com to use Your
Information you supply
to us, so that we are
not violating any rights
you may have in that
information, you agree
to grant us a
non-exclusive,
world-wide, perpetual,
irrevocable,
royalty-free,
sublicenseable (through
multiple tiers) right to
exercise the copyright
and publicity rights,
but no other rights, you
have in Your
Information, in any
media now known or not
currently known, with
respect to Your
Information.
RiskFile.com will only
use Your Information in
accordance with our
Privacy Policy.
1.5
LIMIT OF LIABILITY
YOU UNDERSTAND AND AGREE
THAT THE USE OF THE
RISKFILE.COM IS AT YOUR
OWN RISK AND THAT
RISKFILE.COM DOES NOT
MAKE, AND EXPRESSLY
DISCLAIMS, ANY WARRANTY,
TERM OR CONDITION,
EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE,
AS TO THE SERVICES OR
USE OF THE RISKFILE.COM
NETWORK OF SITES TO BE
PROVIDED OR WITH RESPECT
TO ANY POSTINGS PURSUANT
THERETO, INCLUDING BUT
NOT LIMITED TO, ANY
WARRANTIES OF
SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR
CAUSE OR
NON-INFRINGEMENT, OR ANY
WARRANTY THAT THE
SERVICES WILL BE
UNINTERRUPTED OR ERROR
FREE.
IN NO
EVENT SHALL
RISKFILE.COM'S
DIRECTORS, OFFICERS,
EMPLOYEES, CONTRACTORS
AND AGENTS BE LIABLE FOR
LOST PROFITS, LOST
SALES, LOST BUSINESS,
LOST OPPORTUNITY, LOST
INFORMATION, LOST OR
WASTED TIME OR ANY
SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES
(HOWEVER ARISING,
INCLUDING NEGLIGENCE)
ARISING OUT OF, OR IN
CONNECTION WITH, THIS
AGREEMENT.
RiskFile.com reserves
the right, in its sole
discretion and without
any obligation, to make
improvements to, or
correct any error or
omissions in any portion
of the Service or the
Materials. RiskFile.com
specifically represents
that it does not give
investment advice or
advocate the purchase or
sale of any security or
investment. None of the
information contained in
the Materials
constitutes an offer to
sell or the solicitation
of an offer to buy any
security or other
investment or an offer
to provide investment
services of any kind.
RiskFile.com and our
affiliates, officers,
directors, and
employees, including
persons involved in the
preparation of
proprietary content on
the RiskFile.com website
and affiliated websites,
may from time to time,
have long or short
positions in, and buy
and sell the securities
or derivatives
(including options) of
companies mentioned in
proprietary content on
the RiskFile.com website
and affiliated websites.
THE
SERVICE AND THE
MATERIALS ARE PROVIDED
BY RISKFILE.COM AND
OTHER INFORMATION
PROVIDERS ON AN "AS IS"
BASIS, AND RISKFILE.COM
AND OTHER INFORMATION
PROVIDERS EXPRESSLY
DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING,
WITHOUT LIMITATION,
WARRANTIES OF
SATISFACTORY QUALITY AND
FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO
THE SERVICE OR ANY
MATERIALS AND PRODUCTS.
IN NO EVENT SHALL
RISKFILE.COM AND OTHER
INFORMATION PROVIDERS BE
LIABLE FOR LOST PROFITS,
LOST SALES, LOST
BUSINESS, LOST
OPPORTUNITY, LOST
INFORMATION, LOST OR
WASTED TIME OR ANY
SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES
(HOWEVER ARISING,
INCLUDING NEGLIGENCE)
ARISING OUT OF, OR IN
CONNECTION WITH, THIS
AGREEMENT.
1.6
Exclusion of Warranties
IT IS EXPRESSLY
UNDERSTOOD AND AGREED TO
BY THE PARTIES HERETO
THAT EXCEPT AS
SPECIFICALLY PROVIDED
HEREIN, ALL WARRANTIES,
EXPRESSED OR IMPLIED,
INCLUDING ANY IMPLIED
WARRANTIES OF
MERCHANTABILITY AND
FITNESS FOR A PARTICULAR
PURPOSE, ARE HEREBY
EXCLUDED.
1.7
General Compliance with
Laws
You shall comply with
all applicable laws,
statutes, ordinances and
regulations regarding
your use of our service.
1.8
Intellectual Property
Rights
The Service, Materials
and Products provided
through the RiskFile.com
website or any of its
affiliates, are solely
and strictly for your
personal and
non-commercial use. You
may not save, or permit
any third party to save,
any Materials or any
portion thereof for use
with any information
retrieval and/or
provision service.
Except to the extent you
download and print
Materials for your
personal and
non-commercial use, you
may not modify,
reproduce, distribute,
transmit, disseminate,
process, publish,
license, create
derivative works from,
provide any third party
access to, transfer,
assign, or sell any of
the Materials, Services
or Products, including
stock quotes and news,
obtained from the
RiskFile.com website.
Automated query systems
are strictly prohibited.
Any use of such systems
will result in immediate
termination of access.
1.9
Notices
Except as explicitly
stated otherwise, any
notices shall be given
via our feedback form
(in the case of
RiskFile.com) or to the
email.
Privacy Statement
RiskFile does not disclose e-mail addresses or other information to third parties.
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