Terms of Use

Welcome to www.myriskalert.com (“Site“) dba RiskAlert. The following terms and conditions, (“Agreement“) govern your use, whether as a registered User or a guest of the Site. “RISKALERT” (also referred to as “Company“, “we“, “us“, or “our“) means RiskAlert, LLC its affiliates, agents, information providers, and/or licensors (as applicable). The word “User(s)” means any person (also referred to as “you” or “yours“) visiting, accessing, or using the Site or holding a Subscription (as defined herein).

The Site is offered and available to persons who are at least eighteen (18) years of age and reside in the United States (“Users”).

To access the Site as a subscriber you will be asked to provide certain registration information. It is a condition of your use as a subscriber that all the information you provide is accurate, current, and complete. You agree that all information you provide to register is governed by the Privacy Policy, and you consent to all actions we take with respect to your personal information consistent with the Privacy Policy.

Subscriptions are charged to Users upon activation and each month thereafter. We reserve the right to block your access to the Site for violation of this Agreement. You agree to review the Agreement periodically to be aware of any modifications which we can update at any time. Your continued use of the Site constitutes acceptance of any changes to this Agreement.

BY ACCESSING AND/OR USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND THE COMPANY’S PRIVACY POLICY AND TO COMPLY WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS (“APPLICABLE LAWS”).

TERM & TERMINATION

Your Subscription will automatically renew and continue until terminated by the Company or until you cancel your Subscription using the Site. You may cancel your Subscription at any time. Your registration constitutes advanced consent to receive and pay for the Subscription in the future on a continuing basis, without further consent, until you or the Company cancels the Subscription.

The Company has the right to terminate your Subscription at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

PRICING AND PAYMENT

You agree to pay the price that is stated on the Site based on the number of investments you establish on the Site (“Subscription”). Once established, your Subscription price will automatically change if the number of investments increases to the next pricing level, and you will be notified. The Company reserves the right to change prices at any time, however, we will notify you in advance if the rate of a Subscription change from the price stated at the time of your order or subsequently modified. If you do not wish to pay the new price, you may cancel your Subscription from that point forward.

If you subscribe as a User of the Site, you will be asked to provide certain information to complete such purchase, which may include your debit or credit card number, the expiration date of your card, and billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY DEBIT OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) AS A SUBSCRIBER TO THE SITE.

You are responsible for any taxes that may be applicable. We may be required by law to collect sales or other taxes. We reserve the right to collect such taxes if we believe that such collection is required by law.

PROHIBITED USES

You may only use the Site for lawful purposes and in accordance with this Agreement. You specifically agree to not:

Violate any Applicable Laws while using the Site;
Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm any Person in any way, including minors by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
Use the Site to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
Impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person (including by using e-mail addresses or user names associated with any of the foregoing);
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or Users of the Site or expose them to liability;
Attempt to disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site;
Take any action that imposes an unreasonable or disproportionately large load on the Company’s technical infrastructure;
Copy the Site and/or any of the content, data, and/or materials therein for any other unauthorized purpose without our prior written consent;
Use any data mining, robot, spider, crawler, cancelbots, or other devices, processes, or means to access the Site and/or facilitate the misuse of the Site for any purpose, including monitoring or copying any of the content, data, or materials that are part of the Site;
Reverse-engineer, disassemble, or decompile the Site and/or any content, data, and/or materials therein, or attempt to do the same;
Use any device, software, or routine that interferes with the proper working of the Site or otherwise attempt to interfere with the proper working of the Site;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful or otherwise attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server(s) on which the Site are stored, or any server, computer, or database connected to the Site;
Attack the Site via a denial-of-service attack, a distributed denial-of-service attack, or another similar attack; or

You may not participate in coordinated efforts or group activities with others in order violate or to exceed these use limitations. Failure to comply with these limitations will result in cessation of access and use privileges and may result in legal action against the offending individuals and/or organizations at the discretion of the Company.

NOTICES

You agree that any notices that the Company may be required by Applicable Laws to send to you will be effective upon either: (a) the Company’s sending an e-mail message to the e-mail address you have on file with the Company; or (b) the Company publishing such notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INDEMNIFICATION

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, licensors, advertisers and sponsors, agents, directors, officers, and employees and third-party information providers (collectively, the “Company Indemnified Parties“) harmless from and against any and all Losses resulting or arising from any claim, action or proceeding brought by any third party in connection with or relating to your access to or use of the Site (or the use of the Site by another person using your password) or violation of this Agreement. “Losses” means any and all penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including: (a) indirect, special, punitive, consequential, or incidental losses or damages (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage); and (b) administrative costs, investigatory costs, litigation costs, expert costs, and auditors’ and attorneys’ and fees and disbursements (including in-house personnel).

DISCLAIMER OF WARRANTIES, TERMS, & LIABILITY

THE SITE, INCLUDING ANY CONTENT, DATA, AND/OR MATERIALS ACCESSIBLE ON THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THERE MAY BE DELAYS, OMISSIONS, AND/OR INACCURACIES IN SUCH ITEMS. THE COMPANY INDEMNIFIED PARTIES (AS DEFINED BELOW) CANNOT AND DO NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE AND/OR THE CONTENT, DATA, AND/OR MATERIALS MADE AVAILABLE THROUGH THE SITE OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE CONTROL AND HEREBY EXPRESSLY DISCLAIM ANY WARRANTY THEREFORE.

THE COMPANY INDEMNIFIED PARTIES SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE, OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING, OR DELIVERING ANY DATA THROUGH THE SITE OR FOR INTERRUPTION IN THE SITE. IN NO EVENT, WILL THE COMPANY INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR USE OF OR INABILITY TO USE THE SITE, ANY SITES LINKED TO OR FROM THE SITE, ANY DATA ON THE SITE, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECURITY

You agree to take all reasonable steps to protect the Site from unauthorized access or use. Upon registering, you will use your email address as a user-name and choose a password that will permit you to access the Site, you must treat such information as confidential, and you must not disclose it to any other person. You agree that you will be the sole User of the Site under your account. Your user-name and password are subject to cancellation or suspension by the Company, including upon your misuse of the usernames or passwords in any way. You agree that you will use your best efforts to prevent any third party from obtaining your username and password, and you will immediately inform the Company of any actual or potential unauthorized access to a username or password or to the Site. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other personal information.

PROPRIETARY RIGHTS & PROTECTION

All of the data, information, content, materials, and software displayed on, transmitted through, or used in connection with the Site, including, for example, CompareAlert, Charts, guides, news articles, opinions, reviews, text, photographs, images, illustrations, HTML, source and object code, software, Data (as defined below), etc., as well as its trade dress, layout, presentation, selection, and arrangement, are owned by the Company (collectively, the “Content“). The Company actively protects its rights to the Content to the fullest extent of the law. You may not use such Content except as provided in this Agreement.

You may use the Site, including any Content, online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided that you do not remove any trademark, copyright, or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet, or Extranet site or incorporate the Content in any database, compilation, archive, or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and, unless explicitly permitted on the Site, you may not modify, copy, frame, reproduce, sell, publish, transmit, display, download, share, or otherwise use any portion of the Content without the prior written consent of the Company.

The Site contains data and other information including written words, instruments, charts, graphs, and algorithms (collectively, the “Data“). The Data may be generated by the Company or gathered by the Company from other sources. You acknowledge and agree that the Data are highly proprietary in nature and that unauthorized copying, transfer, or use may cause the Company or its affiliates, agents, information providers, and licensors irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the Agreement may be enforced by the Company by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other rights and remedies available to it. You may not frame or utilize framing techniques that involve any Content, trademark, logo, copyrighted material, or other proprietary information (including images, text, page layout, or form) of any portion of the Site without our express prior written consent.

CHANGES TO THE SITE OR THE AGREEMENT

The Company may, at any time, change or discontinue any aspect or feature of a Site or Agreement, including Content, hours of availability, and equipment and software needed for access or use.

You agree to be bound by future revisions of this Agreement. It is your responsibility to visit the “Terms of Use” link at the bottom of www.myriskalert.com homepage periodically to review the most current terms and conditions. We will not be liable if for any reason all or any part of the Site are unavailable at any time or for any period.

PRIVACY

Your use of the Site is also governed by the Company’s Privacy Policy available at www.myriskalert.com . The Company does not knowingly allow access to or collect information from children under the age of eighteen (18). If you are not eighteen (18) or older you do not have permission to use the Site.

ARBITRATION & CLASS ACTION WAIVER AGREEMENT

The Company (including the Company Indemnified Parties and their affiliates, agents, employees, predecessors in interest, successors, and assigns) and you agree that any Dispute (as defined below) between you and the Company or the Company Indemnified Parties, regarding any aspect of your relationship with the Company, will be resolved in a binding, confidential, individual, and fair arbitration process, and not in court. EACH OF YOU AND THE COMPANY AGREES TO GIVE UP THE RIGHT TO SUE IN COURT AND TO A TRIAL BY JURY.

GOVERNING LAW & JURISDICTION

Use of the Site, and any controversy, claim, or dispute arising out of or relating in any way to your use of the Site, this Agreement, and/or products purchased through the Site shall be governed by the laws of defendant’s home state of residence without respect to its choice (or conflict) of laws rules. Any claim or cause of action you may have with respect to the Company or the Site must be commenced within one (1) year after the claim or cause of action arose. Jurisdiction and venue for any dispute shall be in Birmingham, Alabama. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.

CLASS ACTION WAIVER

BOTH YOU AND THE COMPANY WAIVE THE RIGHT TO BRING ANY CONTROVERSY, CLAIM, OR DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITE OR PURCHASES THROUGH THE SITE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION REGARDING ANY SUCH CLAIM BROUGHT BY ANYONE ELSE.

ENTIRE AGREEMENT

This Agreement and the Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties (both written and oral) with respect to the Site.