LAST UPDATED: October 30, 2020
Terms and Conditions
5. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While VisibleRisk has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, VisibleRisk and its licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. VisibleRisk and its licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
7. Links to Other Websites. VisibleRisk may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by VisibleRisk and are maintained by third parties over which VisibleRisk exercises no control. Accordingly, VisibleRisk and its directors, officers, employees, agents, representatives, licensors and suppliers (together, the “VisibleRisk Parties”) expressly disclaim any responsibility for these third-party websites, including, without limitation, for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
8. Events Beyond VisibleRisk Control. You expressly absolve and release VisibleRisk and VisibleRisk licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, epidemic, pandemic, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
9. DISCLAIMERS. VisibleRisk obtains all Materials furnished on the Site from sources believed by it to be accurate and reliable. You expressly agree that the Assessments and other opinions provided via the Site (a) are, and will be construed solely as, statements of opinion of the relative cyber risk of entities and not statements of current or historical fact, investment or financial advice, recommendations to purchase, hold or sell any securities, endorsements of the accuracy of any of the data or conclusions, or attempts to independently assess or vouch for the financial condition of any company.
For the avoidance of doubt, VisibleRisk Materials and opinions may also include quantitative model-based estimates of cyber risk and related opinions or commentary published by VisibleRisk personnel. Further, you expressly agree that any tools or information made available on the Site are not a substitute for the exercise of independent judgment and expertise. You should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters.
VisibleRisk adopts all necessary measures so that the information it uses in assigning an Assessment is of sufficient quality and from sources VisibleRIsk considers to be reliable, including, when appropriate, independent third-party sources. However, VisibleRisk is not an auditor and cannot in every instance independently verify or validate information received in the Assessment process or in preparing VisibleRisk Materials made available on the Site. Because of the possibility of human or mechanical error as well as other factors, the Site and all related Materials are provided on an “AS IS” and “AS AVAILABLE” basis without representation or warranty of any kind, and THE VISIBLERISK PARTIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY RELATED MATERIALS. WITHOUT LIMITING THE FOREGOING, THE VISIBLERISK PARTIES DO NOT GUARANTEE THAT ANY ASSESSMENTS OR MATERIALS WILL ACCURATELY PREDICT CYBER RISK, OR PREVENT BAD DECISIONS REGARDING INFORMATION SECURITY THREATS, TALENT MANAGEMENT, INSURANCE, INFORMATION TECHNOLOGY OR INFORMATION SECURITY SPEND, MITIGATION STRATEGIES, REMEDIAL MEASURES, EXTENSIONS OF CREDIT, INVESTMENTS, LOANS, OR OTHER RISK RELATED DECISIONS; NOR SHALL THE VISIBLERISK PARTIES BE RESPONSIBLE FOR THE CONSEQUENCES OF ANY SUCH DECISIONS.
VisibleRisk makes no representation or warranty that any Materials on the Site are appropriate or available for use in any particular locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws, rules and regulations. VisibleRisk may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction VisibleRisk chooses, at any time and in VisibleRisk’s sole discretion. You agree and acknowledge that no oral or written information or advice given by VisibleRisk or any of its employees or agents in respect to the Site shall constitute a representation or a warranty unless such information or advice is incorporated into an Other Agreement (defined below).
FURTHER, THE MATERIALS MADE AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THIS SITE OR ITS MATERIALS ARE UNAVAILABLE. MOREOVER, VISIBLERISK MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE OR TO THE MATERIALS DESCRIBED OR MADE AVAILABLE ON THE SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE MATERIALS MADE AVAILABLE ON THE SITE.
VISIBLERISK MATERIALS, INCLUDING ASSESSMENTS, ARE NOT INTENDED FOR USE BY ANY PERSON AS A BENCHMARK AS THAT TERM IS DEFINED FOR REGULATORY PURPOSES, AND MUST NOT BE USED IN ANY WAY THAT COULD RESULT IN THEM BEING CONSIDERED A BENCHMARK.
TO THE EXTENT PERMITTED BY LAW, THE VISIBLERISK PARTIES DISCLAIM LIABILITY TO ANY PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL LOSSES OR DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE AND ITS MATERIALS OR THE USE OF OR INABILITY TO USE THE SITE OR ANY OF ITS MATERIALS, EVEN IF ANY OF THE VISIBLERISK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE VISIBLERISK PARTIES DISCLAIM LIABILITY FOR ANY DIRECT OR COMPENSATORY LOSSES OR DAMAGES CAUSED TO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO BY ANY NEGLIGENCE (BUT EXCLUDING FRAUD, WILLFUL MISCONDUCT OR ANY OTHER TYPE OF LIABILITY THAT, FOR THE AVOIDANCE OF DOUBT, BY LAW CANNOT BE EXCLUDED) ON THE PART OF, OR ANY CONTINGENCY WITHIN OR BEYOND THE CONTROL OF, THE VISIBLERISK PARTIES ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE AND ITS MATERIALS.
11. Submissions. VisibleRisk welcomes your feedback and suggestions, including about how to improve this Site. VisibleRisk and/or its service providers may make available through the Site an email address for comments and feedback, and/or certain services to which you are able to post comments, information and/or feedback (for example, message boards, blogs, chat features, messaging and/or comment functionalities). Any ideas, suggestions, information, feedback, know-how, material, and any other content (collectively, “Submissions”) posted and/or received through this Site, will be deemed to include a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, nonexclusive, transferable and fully sublicensable (through multiple tiers) right and license for VisibleRisk to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive (a) any claim to the contrary; and (b) any “moral rights” associated with your Submissions. You represent and warrant that you have all rights necessary for you to grant the foregoing license, and that each Submission you provide to the Site complies with all applicable laws, rules and regulations. You are and remain responsible and liable for the content of any Submission. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT POST, TRANSMIT OR OTHERWISE MAKE ANY SUBMISSION. ANY SUBMISSIONS MADE ARE DONE SO AT YOUR OWN RISK. Please note, VisibleRisk does not control any User-submitted Submissions, they do not reflect the opinion of VisibleRisk, and VisibleRisk does not guarantee their accuracy or endorse any of the opinions expressed. The VisibleRisk Parties are not responsible or liable for (i) any Submissions, including, without limitation, any errors or omissions in such Submissions, links or images embedded therein, or results obtained by using any of the same; or (ii) any loss or damage caused by the Submissions or resulting from the use (including without limitation republication) or misuse thereof by any third party, including your reliance thereon.
12. Export Restrictions. No software or any other Materials associated with this Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under relevant export control laws, including, without limitation, countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such software or other Materials. By using and/or downloading any such software and/or other Materials from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
22. Sanctions Compliance. You warrant you are familiar with, have complied with, and will comply, in all respects, with the laws and regulations regarding the offering of unlawful or improper inducements (including the U.S. Foreign Corrupt Practices Act, as amended, and other anti-corruption and anti-bribery laws). You warrant that neither you, nor any entity on whose behalf you are acting, is owned or controlled by, nor do you or such entity own or control, directly or indirectly, a person or entity that is (i) on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.K. Consolidated Financial Sanctions List maintained by Her Majesty’s Treasury; or (ii) subject to country sanctions imposed by the U.S. Government for any reason, including but not limited to being organized or headquartered in or a governmental entity of a country or territory subject to such sanctions (currently Crimea, Cuba, North Korea, Iran, and Syria). Additionally, you, or the entity on whose behalf you are acting, warrant that you or such entity do not intend to and will not knowingly supply or use the Site to or for the benefit of any of the foregoing. You agree to notify VisibleRisk if these circumstances change. For purposes of this provision, “owned” and “own” mean an interest of 50 percent or more and “control” means the right or ability to dictate the decisions, actions, and/or policies of an entity or its management. If you breach this Section, in addition to any other rights or remedies VisibleRisk may have, VisibleRisk may immediately terminate your access to the Site and any affected subscriptions.
Cyber Assessments, Inc.
488 Madison Ave., 11th Floor
New York, NY 10022
Phone: +1 646-389-2484
E-mail: [email protected]