BY ACCESSING, VISITING, BROWSING, USING, DOWNLOADING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE SERVICE’S FORMS OR OTHERWISE, YOU AGREE, ON BEHALF OF YOURSELF AND ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT (SUCH ENTITY ALSO BEING INCLUDED IN THE TERMS “YOU,” “YOUR,” OR “USER” REFERRED TO ABOVE) THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SERVICES.
1. ACCESS TO THIS SITE
To access the Services or some of the resources they offer, including contacting TigerRisk, you may be asked to provide certain registration details or other information such as your name, email address, and other credentials. It is a condition of your use of the Services that all the information you provide in relation to the Services will be correct, current, and complete. If TigerRisk believes the information you provide is not correct, current, or complete, TigerRisk has the right to refuse or limit your access to the Services or any of its resources, and to block, terminate, or suspend your access at any time.
2. RESTRICTIONS ON USE
You may use the Services for purposes expressly permitted by the Services. As a condition of your access and use of the Services, you warrant to TigerRisk that you will not use the Services for any purpose that is unlawful or prohibited by any part of this Agreement. For example, you may not (and may not authorize any party to) (i) co-brand this Services, or (ii) frame this Services, without the express prior written permission of an authorized representative of TigerRisk. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Services or content (including without limitation any downloadable material) accessible within the Services. You agree to cooperate with TigerRisk in causing any unauthorized co-branding or framing immediately to cease. Competitors and third party aggregators may not connect “deep links” to the Services, i.e., create links to the Services that bypass the home page or other parts of the Services without the prior written permission of TigerRisk.
In addition, you may not use the Services in any manner which could disable, overburden, damage, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Services. You may not use scrapers, bots, spiders, or other automated tools to collect or index the content of the Services without TigerRisk’s express prior written permission. You may not attempt to probe, scan or test the vulnerability of the Services or any system to which it is connected or attempt to breach any security measures.
3. PROPRIETARY INFORMATION
The material and content accessible from these Services, and any other services owned, operated, licensed, or otherwise controlled by TigerRisk, including without limitation any text, photos, videos, audio, scripts, software, markup language, downloads, or other content whether perceptible or not to a human (the “Content”) is the proprietary information of TigerRisk or the party that provided or licensed the Content to TigerRisk, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, licensed, modified, or transmitted in any way without the prior written consent of TigerRisk. Modification or use of the Content except as expressly provided in this Agreement violates TigerRisk’s and/or its licensor’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Services.
4. ADDITIONAL USE LIMITATION
You may not modify, translate, decompile, disassemble, reverse engineer, alter, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, or any software obtained from or otherwise connected to Services.
The Services may be hyper-linked to other websites which are not maintained by, or related to, TigerRisk and may contain information about goods or services that are not related to or endorsed by TigerRisk. Hyper-links to such websites and information are provided as a service to you and are not sponsored by or affiliated with the Services or TigerRisk. TigerRisk may not have reviewed any or all of such websites and information and is not responsible for the content of those websites or the descriptions of their goods and services. TigerRisk is not responsible for webcasting or any other form of transmission received from any hyper-linked services. Hyper-links are to be accessed at your own risk and information contained therein is relied upon at your own risk, and TigerRisk makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to the Services or the information regarding or relating to their goods and services.
6. ELECTRONIC COMMUNICATIONS
You agree and affirmatively consent to receive communications from TigerRisk electronically in connection with your use of the Services, as well as for advertising regarding TigerRisk products and services. TigerRisk may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that TigerRisk provides to you electronically satisfy all legal requirements that communications or agreements be in writing and you consent to your being bound by electronically communicated agreements by your continued use of the Services after such agreements have been communicated to you.
You hereby grant to TigerRisk a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, use, sell, offer to sell and import all content, remarks, inventions, suggestions, feedback, ideas, graphics, photos, videos, audio, text, or other information communicated to TigerRisk by you through the Services (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. TigerRisk will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for goods, services, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future TigerRisk operations.
You warrant and represent that you own or otherwise control all of the rights to any Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission and grant the license you provide in accordance with this Agreement, and that the Submission will not violate any law or the rights, including without limitation the intellectual property rights, of any person or entity.
You understand that TigerRisk cannot and does not guarantee or warrant that the Services or its Content, or any other files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. TigerRisk does not assume any responsibility or risk for your use of the Services, its Content, or the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by TigerRisk. Except as set forth in this Agreement itself, nothing on the Services constitutes a guarantee, warranty, or promise of any type. The Content should not be relied upon by you or any other party for personal, financial, or legal decisions and you should consult an appropriate professional for specific advice tailored to your situation.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES INCLUDING WITHOUT LIMITATION THE CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TIGERRISK DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT RELATED TO THE SERVICES AND THE CONTENT. TIGERRISK DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIGERRISK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICES OR THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SERVICES INCLUDING WITHOUT LIMITATION THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TIGERRISK MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT TIGERRISK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR ITS CONTENT.
All of the information in these Services, whether historical in nature or forward-looking, speak only as of the date the information is posted on the Services, and TigerRisk does not undertake any obligation to update such information after it is posted or to remove such information from the Services if it is not, or is no longer accurate or complete.
9. LIMITATION ON LIABILITY
TIGERRISK AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF TIGERRISK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN RELATION TO OR REGARDING THE SERVICES OR ITS CONTENT. IF NO LIABILITY IS NOT ALLOWED UNDER THE APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TIGERRISK AND THEIR AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. ADDITIONAL GOVERNING TERMS AND CONDITIONS
The Services may contain additional disclosures, terms and conditions or other legal terms from TigerRisk and/or other vendors working for or on behalf of TigerRisk to supply the Services that apply to applying for jobs or other services. Wherever the Services present additional terms and conditions, disclosures, or other agreements, you are also bound by those additional terms and, where in specific conflict with the terms and conditions of this Agreement, those additional terms shall control over the terms in this Agreement.
11. TERMINATION OR RESTRICTION OF ACCESS
TigerRisk reserves the right, in its sole discretion, to terminate your access to any or all of TigerRisk’s Services or any portion thereof at any time, without notice.
You will indemnify and hold TigerRisk, their Affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties in relation to your breach. You will also indemnify against, including any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your breach of this Agreement or use of the Services and its Content, except to the extent such claim is due to the negligence or willful misconduct of TigerRisk.
13. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in the Services are the property of TigerRisk or the party that provided the trademarks, services marks, logos, and copyrighted works to TigerRisk. TigerRisk and any party that provided trademarks, service marks, logos, and copyrighted works to TigerRisk retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in the Services.
Any passwords used for the Services including, without limitation, any customer login portals are for individual use only. You will be responsible for the security of your password (if any) and any actions taken by you or anyone using your password or other login credentials. TigerRisk will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that TigerRisk considers insecure, TigerRisk will be entitled to require the password to be changed and/or terminate your online account.
You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, TigerRisk reserves the right to release your details to system administrators at other websites or software platforms and law enforcement authorities in order to assist them in investigating, resolving, and prosecuting laws relating to security incidents. TigerRisk reserves the right to investigate suspected violations of this Agreement.
TigerRisk reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing TigerRisk to disclose the identity of anyone using the Services, or publishing or otherwise making available or using any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TIGERRISK AND THEIR AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TIGERRISK OR THEIR AFFILIATES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TIGERRISK, THEIR AFFILIATES, OR LAW ENFORCEMENT AUTHORITIES.
- 16.2. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by the court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as reflected by the original wording, and will not affect the validity and enforceability of any remaining provisions.
- 16.3. No waiver by TigerRisk of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- 16.4. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of TigerRisk.
- 16.5. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TigerRisk as a result of this agreement or use of the Services.
- 16.6. Except as set forth in this Agreement (including without limitation Section 10), this Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and TigerRisk with respect to the Services or the Content.
- 16.7. TigerRisk may revise this Agreement at any time by updating this posting.
Last Modified: June 9th, 2017
© 2019 TigerRisk Partners, LLC, All rights reserved.