Summary of Service
“RiskPro®” is a proprietary web-based computer software program that aids financial advisors (which includes registered investment advisers, investment advisor representatives, broker/dealers, registered representatives and other financial professionals) in constructing portfolios centered around their clients’ loss tolerances while providing the financial advisor with numerous other risk metrics prior to portfolio implementation.
Rules and Conduct
Additionally, you shall not: (i) interfere or attempt to interfere with the proper working of RiskPro®, the Site or any activities conducted on RiskPro®; (ii) bypass any measures the Company may use to prevent or restrict access to RiskPro® or the Site (or other accounts, computer systems, or networks connected to RiskPro®); (iii) run Maillist, Listserv, or any form of auto-responder or “spam” on RiskPro® or the Site; or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site. You shall not directly or indirectly: (1) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of RiskPro® or the Site, except to the extent applicable laws specifically prohibit such restriction; (2) modify, translate, or otherwise create derivative works of any part of RiskPro® or the Site; or (3) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
You agree that RiskPro® and the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws and all such rights are reserved by the Company. RiskPro® and the Site are proprietary to the Company and title thereto remains in the Company. All applicable rights to copyrights, trademarks, service marks, patents, trade secrets, or other rights in RiskPro®, the Site or any modifications thereto are and shall remain in the Company. The Company grants to each user of RiskPro® and the Site a worldwide, non-exclusive, non-sub licensable and non-transferable license to use the Site and RiskPro®.
The Company has no special relationship with or fiduciary duty to you or your clients. The Company makes no representations concerning any content on the Site, and the Company is not liable for the accuracy, copyright compliance, or legality, of material contained on RiskPro® or the Site. RiskPro® is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its managers, members, employees, agents, suppliers, partners, and content providers do not warrant that: (a) RiskPro® or the Site will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through RiskPro® or the Site are free of viruses or other harmful components; or (d) the results of using RiskPro® will meet your requirements. Your use of RiskPro® and the Site are solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
The Company is not an investment advisory firm. Neither the Company nor RiskPro provides investment advice or recommendations to purchase or sell specific securities.
The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of RiskPro® or the Site. Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of RiskPro® or the Site.
Limitation of Liability
In no event shall the Company, nor its managers, members, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to RiskPro® or the Site (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Electronic Delivery, Notice Policy, and Your Consent
By using RiskPro® and the Site, you consent to receive from the Company all communications including notices, agreements, legally required disclosures, or other information in connection with RiskPro® and the Site (collectively, “Contract Notices”) electronically. The Company may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of RiskPro® and the Site.
Integration and Severability