RADiENT Blog

Last Updated: April 12th, 2018

This Terms of Use (“TOU”) agreement contains the terms under which Risk Advisors Inc. (“Risk Advisors”) provides access and use to this website (“Site”). Risk Advisors provides a variety of services through this Site (“Services”) that you may access through your computer or mobile device, and your use of those Services is governed by this TOU. Additional service-specific terms and policies (including rules and guidelines) apply to some Services (“Additional Terms”). Those Additional Terms are incorporated into your agreement with us if you use those Services. You can find the Additional Terms on this Site. We refer to the combination of this TOU and any applicable Additional Terms collectively as the “Terms.”

Risk Advisors reserves the right to update the Terms at any time by posting notice of such changes on this Site. You agree that your access or use of the Site or Services after any changes are made to the Terms will constitute your acceptance of such changes. Risk Advisors reserves the right in Risk Advisors' sole and absolute discretion to change the Site, including eliminating or discontinuing any content or feature of the Site, or, with reasonable notice, to impose fees, charges, or other conditions for use of the Site or parts thereof. The current version of the TOU can be found by clicking on the “Terms of Use” hypertext link at the bottom of the Site.

1. User Requirements

If you are using these Services as an individual, you may only use the Service if you can lawfully enter into and form legal contracts. If you are using these Services on behalf of your company, you represent that you have the authority to agree to these Terms on behalf of your company. In such instances, “you” and “your” refer to the company. If you use Services, you expressly represent to Risk Advisors that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations, and warranties.

You indicate your acceptance to these Terms without any modifications, including those terms available by hyperlink, when you click or tap a button acknowledging your acceptance, you execute a separate agreement that references them, or you visit the Site. Before you may become a user of the Site, you must read and accept all of the terms and conditions in these Terms. If you do not agree to any of the terms in the Terms, you may not use this Site.

2. Account and Passwords

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features, or participate in select areas of the Site. When you register to use the Site, access the Site, or provide information to the Site in any other manner, you agree to provide only true, accurate, current, and complete information on all pages. Using a name other than your own legal name is prohibited. You agree that Risk Advisors may use the information you provide to the Site in accordance with its Privacy Policy.

If you use the Site, you agree to accept responsibility for all activities that occur under your account or password. You also agree you will not sell, transfer, or assign your rights as a user. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site using your name or password in whole or in part. You agree to (a) immediately notify Risk Advisors of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Risk Advisors reserves the right to terminate account access or suspend access to the Site to any person who violates these Terms.If you use the Site, you agree to accept responsibility for all activities that occur under your account or password. You also agree you will not sell, transfer, or assign your rights as a user. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site using your name or password in whole or in part. You agree to (a) immediately notify Risk Advisors of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Risk Advisors reserves the right to terminate account access or suspend access to the Site to any person who violates these Terms.

3. Term and Termination

These Terms will remain effective until terminated by you or by Risk Advisors. Risk Advisors reserves the right to deny access to the Site to any person who Risk Advisors reasonably believes may be using the Site for an unlawful or unauthorized purpose or in a manner that violates these Terms. Risk Advisors reserves the right to terminate these Terms and your access to the Site and the Services or any portion of them in its sole discretion, without notice and without limitation, for any reason whatsoever including, but not limited to, breach of these Terms or the termination or discontinuation of Risk Advisors' access to any third-party data source or provider of information. In the event of a termination by Risk Advisors, neither the third-party data source or information providers nor Risk Advisors shall have any liability to you.

These Terms shall be in full force and effect during such time as the Site or Services are available to you. Risk Advisors may disable your access to the Site or Services at any time. Provisions in these Terms relating to limits on liability, indemnification, use and protection of information and data, payment for the Risk Advisors services, disclaimers of warranties as well as all other provisions for which survival is equitable or appropriate, shall survive the termination of these Terms.

4. Fees and Payment

› Fee for Services

You agree to pay the then-prevailing fee for the Services as listed in Risk Advisors' published Pricing Schedule (for RADiENT for Hedge Funds and RADiENT Form ADV). Risk Advisors fees may be updated from to time by any of the following methods: bulletins, emails, online announcements, notes in invoices, notices, and revised published price schedule. Risk Advisors is not responsible for ensuring the delivery of any updates to its fee schedule (including additions thereto or deletions therefrom) to you, and all present and future fee schedules are hereby incorporated by reference into these Terms. Except as noted in these Terms or as required by law, fees paid by you are non-refundable.

› Subscription Basis

If your Service is billed on a subscription basis (“Subscription”), you will be billed in advance on a recurring, periodic basis for each billing cycle (“Billing Cycle”). Usually each Billing Cycle will be monthly or annually, depending on your preference when you purchase your Subscription. Your Subscription will automatically renew for each Billing Cycle unless you cancel your Subscription by providing Risk Advisors with notice in writing at least thirty (30) days before the end of your Billing Cycle. If you terminate, your Subscription will continue until the end of the then current Billing Cycle.

› Payment of Fees

You agree to pay for all Services via credit card or another electronic payment system that is made available by Risk Advisors from time to time. By choosing to have a credit card billed directly by Risk Advisors, you hereby authorize Risk Advisors to bill this credit card for the charges incurred for use of the Services. Additionally, you hereby agree that if the credit card company refuses to pay Risk Advisors for such charges incurred for use of the Services, you shall be directly responsible for the payment of such charges, and payment shall be due immediately. If Risk Advisors chooses to directly bill you for fees incurred in connection with your use of the Services (as opposed to paying by credit card), you agree to pay all fees within twenty (20) days of receipt of an invoice from Risk Advisors. You acknowledge and agree that such fees may be electronically invoiced or sent via such other means as announced by Risk Advisors.

5. Copyright, Linking, and Trademarks

› Copyright

All of the information, content, services, and software displayed on, transmitted through, or used in connection with the Site, including for example articles, directories, guides, HTML, images, opinions, reviews, text, video, source and object code, software, data, and all other matters related to this Site, including without limitation, the arrangement of the aforementioned and the "look and feel" of this Site, are protected under applicable copyrights and other proprietary rights and are the intellectual property of Risk Advisors and its affiliated companies, licensors, and authors. Risk Advisors protects its rights to the Site to the fullest extent of the law. The copying, modification, rearrangement, redistribution, use or publication by you, directly or indirectly, of any such matters or any part of the Site, except for limited rights of use granted hereunder, is strictly prohibited. You agree that you do not acquire any ownership rights by using the Site.

It is Risk Advisors’ policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you think that your work has been subject to copyright infringement, please notify Risk Advisor’s copyright agent: info@radientanalytics.com

› Linking

The Site may contain links to other Internet websites or resources. Risk Advisors neither controls nor endorses such other websites, nor has Risk Advisors reviewed or approved any content that appears on such other websites. You acknowledge and agree that Risk Advisors shall neither be held responsible for the accuracy, appropriateness, or legality, of any content, information, products, or services located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

› Trademarks

Risk Advisors is a trademark and/or service mark of Risk Advisors or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

6. Your Conduct

You may use the Services, the service output, data, content, software, or any other information contained on the Site or in the Services (“Content”) solely for your personal use, and you may download or print a single copy of a limited portion of the Content on the Site for your personal use provided you do not remove any trademark, copyright, or other notice contained in such content.

No other use is permitted. You may not distribute any of the Content to others, whether or not for payment or other consideration. You agree not to copy, disseminate, distribute, reproduce, retransmit, publish, share, sell, commercially exploit, or create derivative works based on the Content contained in the Site or Services in any manner without the express prior written consent of Risk Advisors. You further agree not to create abstracts from, display, or publish any material from the Services for use on another website or service, or to post any content from the Services to weblogs, newsgroups, mail lists, social media, or electronic bulletin boards, without Risk Advisors’ prior written consent. You also agree not to use the Services or Site for any unlawful purpose.

Violation of the restrictions on use might cause financial harm to Risk Advisors for which you will be held liable.

You agree to comply with reasonable written requests by Risk Advisors to protect Risk Advisors' rights in the Content.

Requests to use the Content for any purpose other than as permitted in this paragraph should be directed to info@riskadvisorsinc.com. Modification of the Content or use of the Content for any purpose other than your own personal use is a violation of Risk Advisors' copyright and other proprietary rights, and could subject you to legal liability.

In addition, in connection with your use of the Site, you agree not to:

• Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of defacing the Site, unauthorized access (e.g., “hacking"), or "denial of service attack";
• Use the Site for any unlawful purpose, including but not limited to the disclosure or inappropriate use of material, non-public information, or confidential or proprietary information absent authorization to disclose;
• Express or imply that any statements you make are endorsed by Risk Advisors, without Risk Advisors' prior written consent;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
• "Frame" or "mirror" any part of the Site without Risk Advisors' prior written authorization;
• Access or log on to the Site using any software, program, application, robot, spider, site search, retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Automate the process of obtaining, downloading, transferring, or transmitting any Content to or from Risk Advisors' computer systems or the Site; or
• Harvest or collect information about visitors to the Site without their express consent.

You also agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site and the content made available therein.

7. Ownership and Privacy

You acknowledge and agree that as between you and Risk Advisors, Risk Advisors owns all intellectual property rights in the Content except as specifically stated in these Terms.

During the term of your subscription, you are granted limited, non-exclusive access to select portions of the Content as detailed in your subscription solely for your personal use. No license or other rights under any such intellectual property rights are implied or granted under these Terms other than the licenses expressly set forth in these Terms and all other rights are expressly reserved hereunder.

You grant Risk Advisors the perpetual right and royalty-free license to allow its employees, subcontractors, and agents to use, copy, or modify any data they may collect through your use of the Services (i) to the extent reasonably required to provide the Services and (ii) to create derived data for Risk Advisors benefit. We may collect personal, aggregate, and anonymous data from your use of the Site and Services. Any information that Risk Advisors collects through your use of the Site and Services shall be subject to the Privacy Policy and you should review those policies.

You agree that Risk Advisors in its sole discretion may use or incorporate into its Content any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or your administrators or other personnel relating to the Services or the Software. Any such suggestions shall not be deemed to constitute confidential information or to impose any confidentiality obligations on Risk Advisors. You hereby grant to Risk Advisors and its assigns a royalty-free, worldwide, perpetual, irrevocable, fully transferable and sub-licensable right and license to use, disclose, reproduce, modify, create derivative works from, distribute, display or otherwise distribute and exploit any such suggestions as Risk Advisors sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

8. Confidential Information

Risk Advisors may disclose non-public information to you in any form (“Confidential Information”). Risk Advisors’ Confidential Information includes, but is not limited to, any trade secrets, know-how, ideas, computer code, and internal documentation; the architecture and design of the Services and Site; the techniques or processes related to the Services; and any software it may provide you.

You agree to take commercially reasonable steps to protect Risk Advisors’ Confidential Information and to ensure that such Confidential Information is not disclosed, distributed, or used in violation of the provisions of these Terms. You agree not to disclose such Confidential Information to third parties without prior written consent of Risk Advisors and not to use such Confidential Information for any purpose except as expressly permitted hereunder. You may disclose Confidential Information only (a) with Risk Advisors’ prior written consent and (b) to those employees, officers, and directors with a “need to know” purpose who are informed of and bound by the obligations of these Terms. Notwithstanding the foregoing, you may disclose Confidential Information to the extent required by law. However, you will give Risk Advisor prompt notice to allow Risk Advisor a reasonable opportunity to obtain a protective order. Such Confidential Information disclosed to the extent required by law shall otherwise remain confidential and subject to the protections and obligations of these Terms.

Risk Advisors agrees that the foregoing obligations shall not apply with respect to any information that you can document (a) is publicly known through no fault of you, (b) is demonstrably known to you previously with no obligation to hold it in confidence, (c) is independently developed by you without use of or recourse to the Confidential Information, provided that such independent development is contemporaneously documented in writing; or (d) is rightfully obtained by you from a third-party without, to your knowledge, a direct or indirect obligation of confidentiality.

Upon expiration or termination of these Terms for any reason, you shall promptly return to Risk Advisors or destroy all copies of Risk Advisors' Confidential Information and copies, notes, or other derivative material relating to the Confidential Information.

9. Disclaimer of Advice, Disclaimer of Warranties, and Limited Liability

› Disclaimer of Advice

Risk Advisors is not providing investment, business, tax, or legal advice. It is not acting as a fiduciary or endorsing any company, property, product, service, security, instrument, or any other matter by posting any participant-submitted information on the Site. Risk Advisors shall not be responsible for any investment, business, tax, or legal recommendations or opinions of third parties cited by the Services or in Information contained therein. Risk Advisors does not purport to tell you, or suggest to you, what you should buy or sell for yourself or your company. Neither Risk Advisors nor anyone affiliated with Risk Advisors is responsible for any investment decision made by you on the basis of using the Site. You should always check with your licensed financial and tax advisor to determine the suitability of any investment. Please conduct your own due diligence.

Any opinions concerning securities, portfolio of securities, transactions, and investment strategy that may be on the Site are solely the opinions of their author, and none of the information contained therein constitutes a recommendation by them or Risk Advisors that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. Further, such information is impersonal and not tailored to the investment needs of any specific person. Finally, the passage of time can render all information stale, and neither Risk Advisors nor anyone affiliated with Risk Advisors is responsible for any misconceptions that may result from the reading of dated information.

The information posted on the Site: (i) is not, and should not be deemed, an offer to sell, or a solicitation of an offer to buy, any securities or any other instruments, property, or anything of value by anyone in any jurisdiction; and (ii) should not be used by others in connection with any sale, offer for sale, or solicitation of an offer to buy securities or any other instruments, property, or anything of value.

All Information provided through the Services, or otherwise made available on or through the Site, is gathered from sources that Risk Advisors believes are reliable; however, Risk Advisors does not warrant the accuracy, completeness, or timeliness of the Information. There may be delays, omissions, or inaccuracies in the Information. You agree that Risk Advisors shall have no liability, contingent or otherwise, for the accuracy, completeness, or timeliness of the Information, or for any decision made or action taken by you in reliance upon the Information.

Access to information and data may be provided on the Risk Advisors’ Site through an independent third party whose content is copyrighted. Risk Advisors and its vendors make no guarantees as to the availability, timeliness, or accuracy of such content, quotes, or charts. Your use of such quotes and charts is subject to these warranty disclaimers and the limitation of liability set forth below.

› Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE AND ON THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. RISK ADVISORS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF YOUR COMPUTER AND OTHER EQUIPMENT. AS MARKETS CHANGE CONTINUOUSLY, PREVIOUSLY PUBLISHED INFORMATION AND DATA MAY NOT BE CURRENT AND SHOULD NOT BE RELIED UPON.

RISK ADVISORS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE, THE SERVICES AND/OR THE CONTENT CONTAINED HEREIN.

RISK ADVISORS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SITE OR ANY OF THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND RISK ADVISORS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG THEY LAST, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK, THAT ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

› Limited Liability

IN NO EVENT SHALL RISK ADVISORS, ITS AFFILIATES, ITS THIRD-PARTY PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, TRADING LOSSES, AND OTHER COMMERCIAL DAMAGES) THAT RESULT FROM THE USE OF THE SITE OR ANY OF THE SERVICES OR FROM ANY INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SITE OR ANY OF THE SERVICES, EVEN IF RISK ADVISORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN ADDITION, RISK ADVISORS SHALL HAVE NO LIABILITY FOR INVESTMENT OR OTHER DECISIONS BASED UPON ANY OF THIS INFORMATION AND/OR DECISIONS BASED UPON A CONTRARIAN VIEW OF ANY OF THIS INFORMATION. RISK ADVISORS SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION. RISK ADVISORS SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION, INCLUDING BUT NOT LIMITED TO MARKET VALUE OR OTHER LOSS ON THE SALE OR PURCHASE OF ANY COMPANY, PROPERTY, PRODUCT, SERVICE, SECURITY, INSTRUMENT, OR ANY OTHER MATTER.

THE SOLE AND ENTIRE MAXIMUM LIABILITY OF RISK ADVISORS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS AND SUPPLIERS, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID RISK ADVISORS FOR SERVICES IN THE PAST 12 MONTHS.

SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. User Content

Users are solely responsible for the content of any messages they post on bulletin boards, chat rooms, discussion boards, or other communications devices as may be provided by the Site or the Services from time to time, as well as for the consequences of any such messages. Risk Advisors accepts no responsibility whatsoever in connection with or arising from such messages. Risk Advisors has no control over nor does it endorse such messages. The messages are not reviewed by Risk Advisors prior to posting and do not necessarily reflect the policies and opinions of Risk Advisors. You acknowledge that Risk Advisors makes no warranties, express, or implied, as to the contents, accuracy, or reliability of the messages or any other posted information. You agree not to use the Site or the Services for chain letters, junk mail, "spamming," or commercial solicitations, and not to send any message or material that is unlawful or gives rise to civil liability. All such communications through the Services are public and not private communications. Risk Advisors reserves the right to edit, restrict, and or remove in whole or part such communications for any reason or no reason without any liability whatsoever to the User.

11. Disclosure

Risk Advisors has business relationships with other companies including, but not limited to technology vendors, third-party data providers, and banks. There may be instances in which Risk Advisors publishes an article or an individual posts a comment on the Site which recommends a company with which Risk Advisors has a business relationship. These occurrences are unintentional and coincidental.

If Risk Advisors publishes articles submitted by research firms or third-party authors, Risk Advisors disclaims all responsibility and shall have no liability for any failures of disclosure by authors regarding their company relationships.

12. Privacy Policy

Risk Advisors cares about the privacy of its users. If you provide any personally-identifiable information ("Personal Data") in the course of your use of the Site or Services, you agree that all such Personal Data will be subject to Risk Advisors’ Privacy Policy that is expressly made a part of these Terms. Your Personal Data may be stored and processed in the United States or in any other country where Risk Advisors has facilities. By using this Site or the Services, you consent to the transfer of your Personal Data outside of your country. If you are a resident of the European Union, you consent to such information being onward transferred, processed, and used by Risk Advisors in accordance with the Risk Advisors Privacy Policy. If you have not already read Risk Advisors' Privacy Policy, you should do so now.

13. Indemnity

AS A CONDITION OF USE OF THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS RISK ADVISORS, THEIR PARENT, AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, AUTHORS, LICENSORS, OFFICERS, DIRECTORS, ADVISORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, BREACH OF PRIVACY RIGHTS, OR INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE SITE; (B) RISK ADVISORS' USE OF ANY CONTENT OR INFORMATION YOU PROVIDE; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR USER ACCOUNT, EVEN IF NOT POSTED BY YOU; (D) ANY VIOLATION OF THE TERMS BY YOU; AND (E) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

Risk Advisors will defend any third-party claim or action brought against you to the extent based on the allegation that the Service infringes any intellectual property right (patents, utility models, design rights, copyrights, trademarks, or any other intellectual property right) having effect in the United States, and Risk Advisors will pay any settlements that Risk Advisors agrees to in a writing signed by an authorized officer of Risk Advisors or final judgments awarded to the third-party claimant by a court of competent jurisdiction. The foregoing obligations do not apply with respect to the Service, the software, or portions or components of either (a) not provided by Risk Advisors, (b) combined with other products, processes, or materials that are not reasonably contemplated by the documentation where the alleged infringement relates to such combination or (c) where your use of the Service is not strictly in accordance with these Terms or the published documentation.

THIS SECTION 13 STATES RISK ADVISORS’ ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

14. Survival

The provisions of Sections: 3,-5, 7-10, and 12-15 shall survive the termination of these Terms.

15. General

These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided, however, that in the event of a conflict between such other terms and these Terms, these Terms shall control. Notwithstanding the foregoing, if you are an authorized subscription employee under a valid written corporate license Terms between Risk Advisors and your employer, the terms of use in that Group License User Terms may provide for different or additional rights and obligations which shall govern in the case of a conflict between those terms and this online TOU.

The Terms have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce the Terms shall be brought in the federal or state courts located in New York State. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of Risk Advisors to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.