Terms of Use

AGREEMENT BETWEEN USER AND VISUALIZE RISK, LLC

This Visualize Risk™ website ("website") is comprised of various web pages operated by Visualize Risk, LLC, a Massachusetts-based company. The use of "we", "our", or "us" hereafter refers to Visualize Risk, LLC and its affiliates or assigns. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the website constitutes your agreement to all such terms, conditions, and notices. In the event of a conflict in terms between this agreement and Visualize Risk, LLC software licensing agreements, the software licensing agreements shall prevail.

MODIFICATION OF THESE TERMS OF USE

We reserve the right to change the terms, conditions, and notices under which the website is offered.

LINKS TO THIRD-PARTY SITES

This website may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

ACCOUNT, PASSWORD, AND SECURITY

If any of our websites or services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

USE OF COMMUNICATION SERVICES

The website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information.
Upload files that contain images, software, or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Service or other user or usage information or any portion thereof.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized spokespersons, and their views do not necessarily reflect ours.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO VISUALIZE RISK, LLC OR POSTED AT ANY VISUALIZE RISK™ WEBSITE

We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any of our websites or its associated services (collectively "Submissions"). However, by providing or modifying any Submission, you are granting us a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and use such Submission (including any ideas, concepts, know-how or techniques contained in such User Material) for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products incorporating such Submission, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval, or compensation is due to you for any such use of Submissions you may provide. Please note that any Submission you provide is and will be treated as non-confidential and non-proprietary to you unless specifically stated otherwise in our Privacy statement. We are under no obligation to use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

UNSOLICITED IDEAS

We do not accept unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products, features or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products or marketing strategies might seem similar to ideas submitted to us. So, please do not send your unsolicited ideas to us. If, despite our request that you not send us your ideas and materials, you still send them, you will be deemed to have granted to us the same rights as are set out in this section concerning Submissions. Without limiting those rights, you agree that we are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.

LIABILITY DISCLAIMER

The information, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. We and/or our suppliers may make improvements and/or changes in the website at any time. Advice received via the website should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

We and/or our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, services, and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, services, and related graphics are provided "as is" without warranty or condition of any kind. We and/or our suppliers hereby disclaim all warranties and conditions with regard to this information, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.

SERVICE CONTACT: contact@visualizerisk.com

TERMINATION/ACCESS RESTRICTION

We reserve the right, in our sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Norfolk County, Massachusetts, U.S.A. in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the website. Our performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by us with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and us with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c), notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent: Visualize Risk, LLC at 82 Wendell Avenue, Suite 100, Pittsfield, MA 01201, +1 774-469-0650, contact@visualizerisk.com.