Terms and Conditions

TERMS OF USE

Thank you for visiting our website located at WWW.FIRSTRISKADVISORS.COM (the “Site” or “Website”), which is operated by FIRST RISK ADVIOSRS, INC. (“FRA” or “Company”). Access to and use of this Site and the information, materials, products and services available through this Site are subject to all applicable laws and regulations and these Terms of Use. FIRST RISK ADVISORS, INC., is referred to herein as “FRA”, “we”, “us”, and “our”. The terms “user,” "you" and "your" when used in these Terms of Use means any user of the Site. The term “Content” means any and all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, and available through the Site, excluding your personal data which is handled in accordance to our Privacy Policy. All of our programs and services (as described in more detail on the Site) (the “Services) are governed by these Terms of Use (the “Terms”). YOU AGREE THAT BY USING THE SERVICES, INCLUDING ANY ACCOUNT SERVICES (DEFINED BELOW), YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

These Terms of Use Are Effective as of: September 1, 2018.

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE YOU START USING THE WEBSITE. BY ACCESSING OR BROWSING THE WEBSITE, CAUSING INFORMATION OR DATA TO BE TRANSMITTED TO THE WEBSITE, OR BY CLICKING ACCEPT, YOU:

(I) AGREE TO BE LEGALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS OF USE AND

 

(II) YOU REPRESENT, WARRANT, AND COVENANT THAT YOU HAVE OBTAINED ADEQUATE CONSENT FROM EACH INDIVIDUAL REQUIRED UNDER APPLICABLE LAW TO ENABLE YOU TO LEGALLY VIEW, USE, COLLECT, STORE, SUBMIT AND SHARE ANY AND ALL INFORMATION AND DATA THAT YOU HAVE INPUT INTO THE WEBSITE, THAT YOU CAUSED TO BE TRANSMITTED TO OR FROM OR SHARED THROUGH THE WEBSITE, AND/OR THAT HAS BEEN MADE AVAILABLE TO YOU THROUGH USE OF THE TEST.

 

IF YOU DO NOT AGREE TO ALL, OR ANY, OF THE PROVISIONS IN THESE TERMS OF USE PLEASE IMMEDIATELY EXIT AND MAKE NO FURTHER USE OF THE WEBSITE.

Access to and use of the Website, is subject to all applicable laws and regulations as well as these Terms of Use and FRA’s Privacy Policy (“Privacy Policy”) www.firstriskadvisors.com, which set forth the legally binding terms related to your access and use of the Website.

FRA may change these Terms of Use from time to time without specific notice to you. The latest Terms of Use will be posted on the Site, and you should always review these Terms of Use prior to using the Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site.

IF YOU OR ANYONE ELSE ACTING THROUGH YOUR ACCOUNT VIOLATE THESE TERMS OF USE, WE MAY TERMINATE ANY AND ALL ACCOUNTS YOU HAVE ESTABLISHED AT THIS SITE AND MAY RESTRICT YOUR ACCESS TO ANY SERVICES OFFERED HEREUNDER WITHOUT PROVIDING NOTICE TO YOU.

 

MINORS.

This Site is a commercial site NOT intended for use by children or anyone under the age of 18 years of age. To the extent you are under the age of 18 and are over the age of 13 and wish to use this Site and access and use the Services, including Account Services, provided in connection herewith, please contact us at info@firstriskadvisors.com for additional information.

 

PRODUCT & SERVICES INFORMATION.

All references on this Site to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated.

 

ACCOUNT SERVICES PROVISIONS

Certain Content and Services offered at this Site are accessible to registered users (“Account Services”), and are accessible only by providing a user name and corresponding password (“Log- in Information”). Unless otherwise in writing by FRA, any user accessing such Account Services (an “Account User”) is required to first create an account with FRA (“User Account”). User Accounts are for designated users and cannot be shared or used by more than one user. By accessing this Site, you agree not to attempt, in any manner, to access the User Account of any other person or to otherwise circumvent the security features of this Site in order to unlawfully access the Account Services. Sharing your User Account with any other individual or entity by, for example only, sharing your Log-in Information with such other individual or entity or otherwise granting such other individual or entity access to the Account Services, is grounds for immediate termination of your User Account and/or the associated Account Services as set forth below as well as revocation of any licenses granted to you by FRA. Furthermore, such action(s) constitute a breach of this Agreement and you agree to be liable for any and all special, indirect, consequential or incidental damages arising from your performance of or engagement in such actions. Moreover, you agree and acknowledge that FRA will have the right to seek injunctive relief enjoining such actions, it being acknowledged that legal remedies are inadequate to compensate FRA for the harm caused by such actions.

You will notify FRA promptly upon discovery of any unauthorized access, use or disclosure of any personal data, password-protected or confidential information in connection with the User Account, or Log-in Information, or of any other breach of this Agreement, and will cooperate with FRA to regain possession of such information or Log-in Information and prevent its further unauthorized access, use or disclosure.

 

Creation of User Account/Indemnification

When creating a User Account as provided for on this Website, you are required to provide FRA with accurate, complete, and updated information. Failure to provide accurate, complete and updated information shall constitute a breach of these Terms of Use and may result in immediate termination of your User Account and Account Services as provided for in more detail below.

Moreover, in creating a User Account, you hereby agree that you will not in any way use or adopt a user name that is the name of another person with the intent to impersonate such person. Further, you agree not to use a user name that is subject to any rights of a person other than yourself without appropriate authorization from such other person. FRA reserves the right to refuse creation of a user name or to cancel the same at its sole discretion.

You are solely responsible for maintaining the confidentiality of any passwords associated with your User Account and you hereby indemnify and hold harmless FRA its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, costs, fees (including attorney’s fees and costs), and causes of action, arising out of or related to the use of your User Account by any person, including but not limited to, illegal or improper use of the Account Services by you or someone other than you who gains access to your User Account in either an authorized or unauthorized manner. You shall immediately notify us by contacting us at info@firstriskadvisors.com if a password is lost, stolen, disclosed to a third party or has otherwise been compromised.

 

License

In consideration for an Account User’s agreement to these Terms of Use and any additional agreements and/or terms and conditions provided on this Website, and upon creation of a User Account as provided for on this Website, FRA shall grant such Account User a revocable, single- user, non-exclusive, non-transferable, limited license to access and make personal use of the Account Services, subject to these Terms of Use and such other terms, conditions and/or agreements that may be set forth on this Website. For the avoidance of any doubt, these licenses are limited to one user at a time and are non-exclusive, non-assignable and non-transferable, wherein the term “user” refers to a single human individual.

 

Access to Account Services

FRA may change, suspend or discontinue the Account Services at any time, including the availability of any feature, software, database, or Content associated therewith. Moreover, FRA may limit or restrict access to the Account Services at its sole discretion without notice or liability if it reasonably believes a user or Account User has violated these Terms of Use or other terms, conditions or agreements provided for on this Website, for maintenance purposes, or for any other reasonable reason.

All Account Users are responsible for ensuring that their computers, modems, software, hardware, internet and telephone services and other products and services necessary to connect and use the Account Services are compatible with the same. FRA is in no way responsible for an Account User’s inability to access or otherwise use the Account Services.

 

Termination and Effect of Termination

An Account User may terminate his or her Account at any time by contacting FRA to cancel his or her User Account. FRA may terminate any Account and User Account and/or revoke any licenses associated therewith if an Account User (or anyone accessing the Account User’s User Account) breaches any of these Terms of Use, without prior notice or liability. Furthermore, FRA may terminate any Account and corresponding User Account and/or revoke any licenses associated therewith if an Account User (or anyone accessing the Account User’s User Account) uses his or her User Account, the Account Services in a manner inconsistent with this Agreement and/or to engage in unlawful or illegal behavior or activity.

Upon termination of an Account, such Account User’s licenses to access the Account Services are immediately revoked. All provisions of the Terms of Use, which by their nature shall survive termination, shall so survive, including, but not limited to indemnity provisions, ownership provisions, warranty disclaimers and the like.

 

RIGHTS OWNERSHIP.

Unless otherwise indicated, this Site and its design, text, Content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of FRA or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

Neither the Site nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Site on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

FRA neither warrants nor represents that use of Content displayed or stored on the Site will not infringe rights of third parties not owned by or affiliated with FRA.

Your use of and browsing of the Site are at your risk. Neither FRA nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site.

Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please see the NO WARRANTIES section below for additional provisions. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. FRA also assumes no responsibility, and shall not be liable for, any damages to, or viruses or malware that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, Content and/or images from the Site.

You hereby release and hold harmless FRA, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with your use of the Site and/or in connection with FRA’ use of the Content. In consideration for your agreement herein, FRA will provide access to the Site.

You agree to reimburse and indemnify FRA and its licensees and sublicensees and assigns for any and all damages and expenses (including attorney's fees and costs) that they may incur from claims based on use of the Content.

You hereby release and hold harmless FRA, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with using and/or submitting Content.

 

FOR PARENTS CONCERNING PRIVACY.

This site is generally not meant for individuals under the age of 18. Nevertheless, FRA believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child- friendly online environment. These tools may also prevent children from disclosing online their names, addresses, and other personal information without parental permission. Personal information about or obtained from a child will not be used for commercial or trade purposes without the prior written consent of a parent or legal guardian of the child.

 

USER-SUBMITTED CONTENT.

By submitting Content to be used on the Site, you agree that FRA may use your name, voice, or image and any quotes attributable to you, and any such photos, videos, or audio recordings of or by you as described herein. You grant the rights hereunder whether or not your name, voice, or image, or any quotes attributable to you are used in any manner by FRA and FRA reserves the right in FRA’ sole discretion NOT to use any submitted content. You grant these rights to FRA worldwide, irrevocably, royalty-free, with the perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, publish (publicly or otherwise), display, link to, and otherwise use the Content in any media for any purpose including but not limited to publication on the Site, advertising, and other commercial uses in connection with the Site. You waive all rights related to FRA’ use and release, discharge and hold harmless FRA, its officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of your name, voice, or image, or any quotes attributable to you. You further understand and agree that online visitors to the Site may view the Content and may comment on the Content as they see fit such as in (but not limited to) contests or polls.

In addition, and by submitting Content:

  • you understand and agree that the Content may be cropped, edited, electronically manipulated or otherwise altered for use in the Site, without further consent or approval, and that whether or how the Content is used in the Site is entirely within FRA’ sole discretion.
  • you certify that you are the original author (or have a written assignment of all rights from the author) of the submitted Content; and you are the sole copyright owner of the Content; that you are the only person depicted in the Content; and you have complete authority to grant to FRA the rights stated herein.
  • you understand and agree that all Content is subject to review and editing by FRA prior to any posting or use by FRA. You further acknowledge that FRA reserves the right to remove any Content from the Site at any time and for any reason at FRA’ sole discretion.

 

CONTENT POSTED ON THE SITE.

All Content is the sole responsibility of the person from whom such Content originated. FRA does not control, and is not responsible for user-submitted Content and by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site may contain links to other websites, which are completely independent of FRA. FRA makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked Site. Likewise, FRA makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Site. Users of FRA bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will FRA be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. You acknowledge that FRA does not pre-screen or approve Content prior to posting. FRA makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user. For the avoidance of any doubt, the Contents exclude Account User’s personal data, which is handled in accordance to our Privacy Policy.

And further, as to Content:

a. You understand and agree that FRA may review and delete any Content that in the sole judgment of FRA violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.

b. You are solely responsible for the Content that you publish or display.

c. By posting Content to any public area of FRA, you automatically grant, and you represent and warrant that you have the right to grant, to FRA an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

d. The following is a representative list of the kind of Content that is illegal or prohibited on the Site. FRA reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators. For example, it includes Content that:

 

• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• harasses or advocates harassment of another person;

• involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

• promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy- protect devices, or providing pirated music or links to pirated music files;

• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

• displays pornographic or sexually explicit material of any kind;

• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

• solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

• promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or

• contains or comprises non-local or otherwise irrelevant Content, is repetitious to the same or similar Content already contained on the Site or otherwise imposes an unreasonable or disproportionately large load on our infrastructure.

Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages, losses or other costs (from any party) related to such exposure.

e. You must use the Site in a manner consistent with any and all applicable laws and regulations.

f. You may not engage in advertising to, or solicitation of, others to buy or sell any products or services through the Site. You may not transmit any chain letters or junk email to others. Although FRA cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user of the Site without their prior explicit consent.

 

 

COPYRIGHT POLICY.

All materials and information on the Site, including, without limitation, the FRA logo, design, text, graphics, photographs, software, other files, and the selection and arrangement thereof are protected by copyrights that are owned or licensed by FRA, or otherwise used with permission by FRA. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Site or any other site owned or operated by FRA without the prior written permission of FRA, except as otherwise provided for in these Terms of Use. Any modification of the Content or any portion thereof, or use of the Content for any other purpose constitutes an infringement of FRA’ copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from FRA.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party;
  • A notarized statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A notarized statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send any such requests to FRA as follows:

info@firstriskadvisors.com

David W. Opperman

67 W. Court Street

Doylestown, PA 18901

 

TRADEMARKS.

FRA’ trademarks are protected by federal and state law in the United States and throughout the world, and may not be copied, used, reproduced, redistributed or imitated without the permission of FRA. FRA’ trademarks include (but are not limited to) the following trademarks: FRA™, FRA & Design™ and FIRSTSTUDENT.COM™. Other names and brands used on the Site are properties of their respective owners. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of FRA, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FRA.

 

HYPERLINK DISCLAIMER.

This Site may contain links and/or advertisements to other websites that may not be maintained by or related to us. An advertisement of, or link to, a non-FRA website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while you are on such websites.

 

DATA PROTECTION CONSENT.

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy incorporated herein. Before using this Site please read through all of these documents carefully. All personal data provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. Posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material, any computer virus, worms, Trojan horse programs or malicious code or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

 

NO WARRANTIES.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

The information and all other materials on this Site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Site or any website with which it is linked.

 

EXCLUSION OF LIABILITY.

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. As noted above, some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

 

YOUR OBLIGATIONS.

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Site.

In consideration of your use of the Site, you agree to use the Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer and/or computer network. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. FRA reserves all rights and remedies available to it.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Site (including any information, materials, products or services available through this Site).

Your obligations under this Agreement are of a special and unique character for which FRA cannot be reasonably or adequately compensated in damages in the event you breach your obligations hereunder. Therefore, FRA shall, in addition to all other remedies which may be available, be entitled to injunctive and other equitable relief in the event of the breach or threatened breach of your obligations under this Agreement.

 

MODIFICATION AND DISCONTINUATION.

We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

 

ENTIRE UNDERSTANDING.

These Terms of Use (together with our Privacy Policy, which is expressly incorporated herein) contain the entire understanding between you and us with respect to use of this Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.

 

SEVERABILITY AND NON-WAIVER.

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

 

LAW & JURISDICTION.

These Terms of Use shall be subject to, governed by and construed under the laws of the Commonwealth of Pennsylvania in the United States of America, without regard to conflict of law principles. Your access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.

You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the Commonwealth of Pennsylvania and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

 

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS:

You may contact us at info@firstriskadvisors.com or at our mailing address below.

If you live in the European Economic Area, the United Kingdom or Switzerland:

VeraSafe has been appointed as First Risk Advisors' representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. VeraSafe can be contacted in addition to info@firstriskadvisors.com, only on matters related to the processing of personal data. To make such an inquiry, please contact VeraSafe using this contact form: https://www.verasafe.com/privacy- services/contact-article- 27-representative

Alternatively, VeraSafe can be contacted at:

Matthew Joseph

VeraSafe Ireland Ltd

VeraSafe Netherlands BV

ZahradníĨkova
1220/20A
Prague 15000
Czech Republic

Unit 3D North Point House
North Point Business Park
New Mallow Road
Cork T23AT2P
Ireland

Keizersgracht 391 A
1016 EJ Amsterdam
The Netherlands

If you reside elsewhere:

FRA
67 West Court Street
Doylestown, PA 18901
USA
Attention: David W. Opperman

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