TERMS OF USE

You have been authorized by RCT’s customer (the “Insurer”) to upload, access, view, share, email, post, publish, transmit or otherwise make available documents, photos and other materials (the “Materials”) to RCT’s website portal (the “Service” or “Website”). Access to and use of the Service are subject to applicable laws and regulations and these Terms of Use.

BY USING THE SERVICE, YOU INDICATE ACCEPTANCE OF THESE TERMS OF USE AND THE LIMITATION OF LIABILITY SET OUT HEREIN. SUCH ACCEPTANCE IS ON YOUR OWN BEHALF AND ON BEHALF OF ANY CORPORATE ENTITY THAT EMPLOYS YOU OR THAT, YOU REPRESENT IN CONNECTION WITH YOUR USE OF THE SERVICE (THE “INSURED”).

IN THESE TERM OF USE, “YOU” INCLUDES BOTH YOU INDIVIDUALLY AND ANY INSURED. IF, AFTER HAVING READ THESE TERMS OF USE, YOU DO NOT ACCEPT THESE TERMS OF USE, YOU SHOULD DISCONTINUE USING THE SERVICE.

Access. RCT may ask you to provide accurate registration information to create an account in order to use the Service. If RCT believes that your information is incorrect or incomplete, RCT may prevent you from accessing the Service, or otherwise limit or restrict your use of the Service. RCT also reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof, at any time, without notice.

Security. Use of the Service and/or access to some parts of the Website or Service may require a user name and password or other access credentials (“Credentials”). If you use these features, you agree to keep your Credentials confidential and secure. You agree to accept responsibility for all activities that occur under your Credentials and to notify RCT immediately if the confidentiality of your user name, password, or other Credentials is compromised. RCT will not be liable for any loss that you may incur as a result of someone else using any of your Credentials. To protect the security of the Website and your account, RCT may terminate or suspend your account, change your user name, password or other security Credentials, request additional information before authorizing access or use of your account, or take other reasonable actions.

Rights in Materials. For any Materials you post, upload, submit or request via the Service, you grant RCT a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, aggregate with information from other sources, translate, transmit, create derivative works from, throughout the world in any media now known or hereafter developed for the purposes of providing the Service. Provided however, except for purposes of providing the Service, RCT shall not disclose your non-public Materials to any third party. You agree to upload only Materials that are appropriate and related to your use of the Service. You represent that you own or control all of the rights necessary to grant the licenses and sublicenses to the Materials as described herein. By uploading Materials which are, or contain, images, photographs or other graphical depictions (“Images”), you represent that each person depicted in any Image, if any, has provided consent to the use of the Image as provided herein. You will not upload: i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that is otherwise objectionable to RCT, in it’s sole discretion; ii) any information you are prohibited from transmitting by contract or confidential relationship; iii) any material that infringes, misuses or violates any copyright, trademark, patent right, trade secret or other proprietary right of anyone, including rights of publicity and privacy; and iv) content that contains computer viruses, worms, or other potentially damaging computer programs or files.

Indemnification relating to Materials. You agree to indemnify and hold RCT harmless from and against any and all damages, losses, costs and expenses (including reasonable attorneys' fees) incurred by RCT in connection with any action or proceeding brought by a third party that is based on any Materials you upload or any violation by you of any applicable law, regulation, third-party right or third-party agreement governing Materials you upload.

Ownership and Changes. As between you and RCT, RCT is the sole owner or licensee of the Website and all intellectual property embodied therein, If you use the Website, except as permitted by these Terms of Use, you may violate copyright and other laws of the United States or other countries, confidentiality agreements, as well as applicable state laws, and may be subject to penalties. RCT reserves the right at any time to suspend or discontinue the Service and/or modify the Service and this Website, including but not limited to revising and/or deleting features without prior notice. RCT will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

Security and Availability. RCT will use commercially reasonable security precautions on the Website to secure and transmit Materials. RCT will use commercially reasonable efforts to make the Website available for your access seven (7) days a week, twenty-four (24) hours a day, except for scheduled downtime periods during which RCT will shut down the service for the purposes of system upgrades, maintenance, and backup procedures (“Scheduled Downtime”). The Scheduled Downtime is determined in RCT’s sole discretion as required for upgrades and network maintenance.

WARRANTY DISCLAIMERS. THIS SERVICE IS PROVIDED “AS IS” AND “AS AND WHEN AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT. FURTHER, RCT DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. RCT DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON BEHALF OF RCT.

LIMITATIONS OF LIABILITY. IN NO EVENT SHALL RCT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SERVICE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY MATERIALS, EVEN IF RCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RCT (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE SERVICE EXCEED $100.00.

Miscellaneous. RCT may change these Terms of Use without advance notice. Please visit this page periodically to see the most current Terms of Use that govern your use of the Site. If any part of these Terms of Use is determined to be invalid or unenforceable for any reason under relevant law, then that part will be deemed replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms of Use will continue in full force and effect. RCT’s failure to enforce strict performance of any part of these Terms of Use does not waive any of RCT’s rights. RCT may assign its rights and duties under these Terms of Use to any party at any time.

Governing Law. These Terms of Use are governed by the laws of the state of New York as they are applied to agreements entered into and to be performed in New York.

Notices. Any notices in relation to or questions regarding these Terms of Use or any other matter, you may contact RCT in writing at legal@riskcontroltech.com.