Terms of Service

Welcome to RiskMetrics. These terms of service (the "Terms") govern your use of our website and the services we offer (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms and our Privacy Policy, you may not use the Services.

Eligibility

To use the Services, you must be at least 18 years old and able to enter into a legally binding contract. By using the Services, you represent and warrant that you are 18 years old or older and have the legal capacity to enter into a contract.

Use of the Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or business use. You may not use the Services for any illegal or unauthorized purpose, and you may not use the Services in a way that violates these Terms or applicable laws.

We reserve the right to terminate or restrict your access to the Services at any time, without notice or liability, if we determine that you have violated these Terms or engaged in any activity that is illegal or harmful to us or others.

Your Account

To access and use some of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

We will not be liable for any loss or damage arising from your failure to comply with this section.

Financial Advisors

If you are using the Services as a financial advisor, you represent and warrant that you are registered and in good standing with your regulatory body. You also agree to comply with all applicable laws and regulations, including those related to the collection, use, and disclosure of your clients" personal and financial information.

Intellectual Property

The Services and all intellectual property rights in and to the Services, including but not limited to the software, technology, and content, are the property of RiskMetrics and its licensors. These rights are protected by Canadian and international copyright and trademark laws.

You may not use, reproduce, distribute, modify, create derivative works of, or publicly display the Services or any part thereof without our express written permission.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

Indemnification

You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with your use of the Services, your violation of these Terms, or your violation of any rights of another person or entity.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Governing Law and Dispute Resolution

These Terms and your use of the Services will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.

Any dispute arising out of or in connection with these Terms or the Services shall be resolved through negotiations between the parties. If the parties cannot reach an agreement, the dispute shall be finally resolved by arbitration in accordance with the British Columbia International Commercial Arbitration Centre Rules. The arbitration shall be conducted in Vancouver, British Columbia, and the language of the arbitration shall be English.

Contact Us

If you have any questions or concerns about these Terms or the Services, please contact us at [email protected].

These Terms are effective as of December 07, 2022.