Riskalyze

Security Response

This Privacy Policy details important information regarding the use and disclosure of user information collected by Riskalyze, Inc. through its web sites or in connection with the services provided by Riskalyze to you. Riskalyze provides this Privacy Policy to help you make an informed decision about whether to use or continue using the web sites or Riskalyze’s services (the “Services”).

This Privacy Policy is incorporated into and is subject to the Riskalyze Terms of Service located at riskalyze.com/tos. Your use of the Services and any personal information you provide in connection with your use of the Services remains subject to the terms of this Privacy Policy and our Terms of Service.

Data Ownership

The most important part of this Privacy Policy is the simple principle that your data belongs to you. You are not transferring the ownership of data about you or your clients by storing it in Riskalyze. Your clients are your clients, and the data that you store in Riskalyze belongs to you.

We utilize the data in your individual Riskalyze account to assist you with support requests, troubleshoot problems, or monitor the performance and effectiveness of the Services. In addition, we utilize data across the entire Riskalyze platform to improve its effectiveness, develop insights, or monitor the performance and effectiveness of the system.

Information We Collect and How We Use It

We may collect the following types of information:

Information you Provide. When you establish a Riskalyze account, we ask you for personal information, which may include your name, address, email address, credit card information, phone numbers and other personal information provided by you. We use the data you enter to provide the Services to you and develop personalization of the Services. We also analyze all of our customer data in aggregate to understand more about the average Riskalyze user.
Contact Information. You may be asked for your email address or other personal contact information, which we will not share or sell to third parties.
Cookies. When you visit a Riskalyze web site, we send one or more cookies to your computer or other device. We use cookies to improve the quality of the Services, store user preferences and track user trends.
Log Information. When you access the Services, our servers automatically record certain information in an industry-standard way. These logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account. We use logs to improve the quality of our services, debug problems, and track user trends.
User Communications. Any messages, email or communications that you send to Riskalyze may be retained so that we can process your inquiries, respond to your requests or improve the quality of our services. We may use your email address and other personal contact information to communicate with you about our services.
Affiliated Riskalyze services delivered through other sites. Some of the Services may be offered through other third-party web sites. Your use of those web sites is subject to such third-party privacy policies, but if information that you send to those sites is shared with Riskalyze in order to deliver the Services, we process that information under this Privacy Policy.
Other sites. This Privacy Policy applies to the Services provided by Riskalyze only. We do not have any control over the web sites offered by our partners, or sites that integrate Riskalyze services. Those sites are governed by their own privacy policies, which you should read before using them.
Aggregated/Anonymous Information. Riskalyze may also collect user information on an aggregate or anonymous basis, which shall not personally identify you, and disclose the aggregate or anonymous data to prospective partners or other outside parties for their use. Riskalyze may also use this aggregate or anonymous information for various other business purposes, including without limitation, the creation and sale of other products to our customers and potential customers.

Riskalyze processes personal information on our servers in the United States of America, and may do so in other countries. In some cases, unless otherwise prohibited by a superseding agreement, we may process personal information outside your own country.

Information Sharing

Riskalyze only shares information with other companies or individuals outside of our company in the following limited circumstances:

We have your consent. We require opt-in consent for the sharing of any confidential information.
You integrate your Riskalyze account with a third party service or technology, which would have the effect of granting that service access to your confidential data via our API. In this case, the data shared is limited only by the capabilities of our API, so you should ensure that you only connect trusted services to your Riskalyze account.
You follow, subscribe to or utilize strategies, models or securities from an asset manager. In this case, the data shared is at a client-aggregated level with zero identifying information about your clients, and is only shared to (a) allow us to offer you discounts when you place assets in strategies, models or securities offered by certain partners, and (b) to enable these partners to provide you with the support, insights, data, due diligence and resources to assist you in serving your clients.
You are an enterprise customer or partner, have contributed confidential holdings or securities data to the Riskalyze platform, and have provided a mapping of your advisors’ rep codes or other identifiers to their email addresses. In that case, we will only share that data with those advisors per your request.
We may provide confidential information to our subsidiaries, affiliated companies or other trusted businesses or persons, solely for the purpose of processing that information on our behalf. We require that these parties agree to process such information based on our instructions, in compliance with this Privacy Policy, and utilizing similar confidentiality and security measures.
We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce any applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm or damages to the rights, property or safety of Riskalyze, its users or the public as required or permitted by law. If Riskalyze is ordered by a legal process or government to provide data about one or more individual users, we will notify those users of our compliance with that order, to the extent permitted by law.
If Riskalyze becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

Deleting Your Information

We believe that your data belongs to you, and therefore, you may delete your account at any time that you choose. To request that your account be deleted, please contact us at [email protected]. Because of the way we maintain the Services to protect the integrity of your data, residual copies may take a period of time before they are deleted, and your data may remain in our backup systems. However, our systems are architected so that your data will drop out of active use for all of the uses that we described above.

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time. We will post any changes to the policy at riskalyze.com/privacy and, if the changes are significant in our judgment, we will provide a notification of such changes. Your continued use of the Services or the web site following the posting of any changes to the policies constitute your acceptance of the amended Privacy Policy. If you have any questions about our Privacy Policy, please contact us at [email protected].

Want to report a security concern?

Please visit our security response page, or email us at [email protected].

Last Modified March 16, 2018

Terms of Service

1. Agreement. Your use of Riskalyze products and software services, including but not limited to the Riskalyze Pro, Premier, Internal, Agent, Enterprise or other editions of Riskalyze; the Autopilot automated account platform; Compliance Cloud; Enterprise Cloud; and any other services or web sites provided to you by Riskalyze (the “Services”) is subject to these Terms of Service and our Privacy Policy (collectively referred to as the “Terms”). This agreement is between you and Riskalyze, Inc. (“Riskalyze”). Our principal place of business is at 373 Elm Avenue, Auburn, California 95603 in the United States.
2. Acceptance. By using one or more aspects of the Service, you hereby agree to the Terms. You accept these terms by either (a) clicking to “agree” or to “accept” the Terms when opening a user account or logging onto your user account to access the Services, or by (b) using the Services. You may not use the Services or accept the Terms if (a) you are younger than 18 or you are not of legal age to form a binding contract with Riskalyze, or (b) you are a person barred from receiving the Services under any applicable laws or regulations. Riskalyze reserves the right to amend these Terms at any time by posting the amended terms to its web site or otherwise providing you notice of the amended Terms. Your continued use of the Services constitutes acceptance of such amended terms. If you do not agree with these Terms (as amended from time to time), your sole and exclusive remedy is to discontinue using the Services.
3. Not Investment Advice. The Services are for informational purposes only and do not constitute investment advice or an investment recommendation offered by Riskalyze. Riskalyze is not registered with the Securities and Exchange Commission as an investment advisor or a broker-dealer. You agree and acknowledge that Riskalyze, its employees and its agents, are not financial advisors, financial planners or broker-dealers, and each cannot advise you or your clients through the Services or otherwise. You acknowledge that Riskalyze and/or its affiliates may earn revenue from third parties based on your use of the Services, such as the Autopilot automated account platform and the various portfolio models and/or products available for your use there.

You agree and acknowledge that Riskalyze makes no representation as to the suitability of the Services for any purpose, and Riskalyze will not be held liable in any way for any consequences or damages that may arise through your use of the Services. You agree and acknowledge that Riskalyze may modify the Services from time to time.

You certify that you are a licensed investment advisor, a licensed insurance agent or a qualified administrator employed by a licensed entity or individual licensed to sell or offer securities or insurance products under applicable law. You agree and acknowledge that if you choose to make any investment decisions for your clients in reliance on information you receive from the Services, you do so at your own risk and based on your own independent judgment. You acknowledge and agree that Riskalyze is not representing itself as a broker-dealer or financial or investment advisor, and that Riskalyze does not independently evaluate the suitability of or recommend any investments for you or your clients. You agree and acknowledge that the information provided in the Services will not be construed as an offer to sell, an offer to buy, or a recommendation for or against any security by Riskalyze or any third party. Riskalyze will not be responsible for any trading decisions, damages or other losses resulting from your use of the Services. You agree that you will be responsible for effecting underlying investment transactions for all accounts under your management and supervision.

You acknowledge that you are the fiduciary advisor and maintain responsibility for your client accounts, and as a technology service provider, Riskalyze cannot be a fiduciary or be responsible for ensuring trade execution is effective. As the fiduciary, you retain control of your custodial relationship and agree to access it directly to effect trades if technical difficulties by any party prevent the Autopilot account automation platform from transmitting trades on your behalf.
4. Third Party Asset Managers. The Services may provide access to data, analytics, research, portfolio models, products and/or the calculation of potential securities trades you may or may not choose to place with the custodians and/or broker-dealers who you utilize to manage your client assets. The third party asset managers, strategists or research firms who you access via the Services (the “Third Party Asset Managers”) are not personalizing the materials they provide through the Services, are not making investment recommendations to you, and are not acting as investment advisers or fiduciaries to your clients. You hereby agree and acknowledge that you are the sole investment adviser and/or fiduciary for your clients.
5. Client Monitoring. You agree that Riskalyze and the Third Party Asset Managers are not responsible for collecting or reviewing any information about your clients, or determining whether any investment strategy or security is or continues to be appropriate for the client’s objectives or restrictions. Neither Riskalyze or the aforementioned third parties are responsible for verifying client identities or compliance with anti-money laundering rules and regulations administered by the US Treasury Department’s Office of Foreign Assets Control. You agree that you, as the sole licensed investment adviser and/or fiduciary to the investor, are solely responsible for performing the foregoing duties.
6. Privacy. For information about Riskalyze privacy policies, please read our Privacy Policy, accessible at riskalyze.com/privacy. You agree to the use of your data in accordance with that policy.
7. Data Security. Riskalyze agrees to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures. Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

We restrict access to personal information to only the Riskalyze employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
8. Intellectual Property Rights. The Services are protected by a combination of copyright, trade secret laws and patent protection. Portions of the Services contain information and data from third party providers, subject to their own copyright provisions. You acknowledge and agree that Riskalyze and our third-party licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of your use of the Services, except for the limited right to use the Services in accordance with the Terms. “Risk Number” and “Riskalyze” are registered trademarks owned by Riskalyze. Other product and company names that are mentioned in the Services or provided as part of the Services may be trademarks of their respective owners. The content contained in the Services is owned by or licensed to Riskalyze. This includes, without limitation, the text, software, scripts, graphics, photos, video, sounds, interactive features and the trademarks, service marks and logos contained therein. Any content or information provided by Riskalyze through the Services is provided to you “AS IS” for informational purposes only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes. We reserve all rights not expressly granted in and to the Services. You agree not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof.
9. Confidentiality. Subject to your duty to comply with applicable laws, including the demand of any applicable regulatory or taxing authority, Riskalyze hereby agrees to keep confidential all information concerning the financial affairs and matters of you, your advisors and their clients, and will not reproduce or distribute the same to any party at any time, except for the purposes of this Agreement, without you prior written consent. You hereby agree to keep confidential all information concerning the financial affairs and matters of Riskalyze, including research, development, products, software, source code, trade secrets, forms, procedures or business affairs and will not disclose, reproduce or distribute the same to any party at any time. Both you and Riskalyze may comply with a valid and lawful legal process or government order to disclose information, but will immediately notify the other party of their compliance with that order, to the extent permitted by law. All terms of any agreement entered into between you and Riskalyze are considered confidential and will not be disclosed by either you or Riskalyze. Upon termination, both Riskalyze and Customer agree to maintain the confidentiality of all confidential information received from the other party under this Agreement.
10. Use of the Services. You acknowledge that each Riskalyze user account is designed, intended and licensed for use by a single named user only. We do not accept email addresses such as [email protected], [email protected] or [email protected] for accounts; you must use your personal email address for authentication and compliance purposes. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your user account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security. Riskalyze cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you become aware of any unauthorized use of your password or of your user account, you agree to notify Riskalyze immediately at [email protected].

You agree to provide accurate and correct information about your identity, your firm, and your status as a licensed investment advisor, licensed insurance agent or qualified administrator of a licensed investment advisor or licensed insurance agent. You agree to use the Services only for purposes that are permitted by (a) the Terms, and (b) any applicable laws or regulations. You agree not to access any of the Services by any means other than the interface provided by Riskalyze. You specifically agree not to use automated means (including the use of scripts or web crawlers) to access the Services. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, or use the outputs of the Services in general mailings, mass communications or advertisements without the express written consent of Riskalyze.
11. Fair Use Policy. You agree that the Services are subject to a fair use policy, which is detailed below. If we provide notice of non-compliant usage, and you refuse to correct your compliance, Riskalyze reserves the right to charge up to twelve (12) months in arrears for the actual fair usage of the Services, and to adjust your billing for the remainder of your contract term to reflect your actual fair usage of the Services at the time of notice.

The Fair Use Policy is as follows:
1. Riskalyze user accounts may not be shared between multiple individuals, or used by one individual to produce the outputs of the services en masse for multiple advisors. The average user account has 50 to 200 client profiles and 300 to 1,200 client accounts; usage in excess of 600 client profiles or 3,000 client accounts falls outside of the Fair Use Policy.
2. Riskalyze user accounts licensed only for administrative assistants may not be used by individuals holding a securities license who meet with clients and/or provide advice. For example, if you present the individual as an advisor or representative of your firm on your web site, they do not qualify for an administrative assistant license. Riskalyze reserves the right to determine which named individuals may qualify, to change that determination if their role with your firm changes, and to limit the number of administrative assistant licenses available to you.
3. Autopilot licenses on an “Unlimited” assets plan must reflect the assets only under the direct management of the named financial advisors whose Riskalyze licenses are connected to the Autopilot license. The average advisor manages $40 to $100 million in assets; usage in excess of $400 million per advisor falls outside of the Fair Use Policy.
4. Client accounts activated on Autopilot will stay on Autopilot for a minimum of four (4) billing quarters, unless the account is closed by the client, or transferred out of the management of the advisory firm you are affiliated with.
5. Asset Sync is intended for assets not in your custody, which can't be synced via a custodial feed. The use of Asset Sync Unlimited to sync outside held-away accounts for more than 150 clients would fall outside of the Fair Use Policy
12. License to Use Marketing Resources. Subject to your continued status as a paying customer in good standing, Riskalyze hereby grants you a limited, non-exclusive, non-transferrable license to utilize its “Riskalyze” trademark, “Risk Number” trademark, logo and brand images, marketing copy, content resources, white papers, print collateral, slide decks and other marketing resources (the “Marketing Resources”) provided to you, for the sole purpose of promoting your advisory and/or insurance firm’s use of the Services in your marketing communications directed at acquiring and/or retaining clients. You agree to utilize the Marketing Resources in accordance with any Brand Image Guidelines provided to you by Riskalyze. You agree to cease and desist from the use of the Marketing Resources if (a) you terminate your Riskalyze account and are no longer a paying customer, or (b) Riskalyze requests in writing that you do so for any reason.
13. Billing, Payment and Term of Contract. The Services are licensed to you under a contract that you enter into with Riskalyze at the time of your subscription. The terms of your contract are encapsulated in an order form that we email to the “account owner” at the time of purchase. If you did not receive or cannot find a copy of your order form, simply request one by sending an email to [email protected].

Unless stated otherwise on your order form, the following contractual terms apply.
1. The initial term of your contract is twelve (12) months from the date service commences, and your contract will automatically renew for subsequent twelve (12) month terms, unless notice of non-renewal is provided by either party at least thirty (30) days in advance of each renewal. This contract structure provides pricing protection, and Riskalyze may not apply future pricing increases to your contract during its term.
2. Any additional user licenses, add-ons or other services added during the course of your contract will be committed for the remainder of your current contract term, unless otherwise noted on an Order Form for the additional licenses, add-ons or services.
3. Your license fees will automatically increase by 8% every twelve (12) months.
4. You will be billed annually in advance via ACH withdrawal from your bank account. Monthly billing or payment via credit card is available to most customers, at a higher license fee. Riskalyze reserves the right, under certain circumstances, to require annual billing or ACH payment when circumstances warrant.
5. All fees are non-refundable once billed. If you believe you have been billed in error, please email [email protected] and we will be glad to assist.
14. Ending your Relationship with Riskalyze. In order to provide notice of non-renewal and terminate the Services, you must provide written notice to Riskalyze via electronic mail at [email protected] or via postal mail to the address which is set out at the beginning of these Terms. Termination is deemed effective when you receive a message from the Riskalyze Billing Team that your cancellation has been processed.

Once Riskalyze has processed your cancellation, your access to and payment for the Services will continue for the remainder of your contract term. If there is no deadline for notice of non-renewal specified on your order form, such notice of non-renewal must be received by Riskalyze thirty (30) days in advance of your next billing date.

Riskalyze may, at any time, terminate your account and refuse access to the Services with you if (a) you have breached any provision of the Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Terms); (b) Riskalyze is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) you are no longer a licensed investment advisor, licensed insurance agent or qualified administrator of a licensed investment advisor or licensed insurance agent; (d) Riskalyze is transitioning to or no longer providing the Services to users in the jurisdiction in which you are resident or from which you use the Services; (e) the provision of the Services to you by Riskalyze is, in Riskalyze’s sole discretion, no longer commercially viable; (f) your communication with Riskalyze employees is abusive or threatening, in Riskalyze’s sole discretion; or (g) you do not pay the amounts due for the Services according to the Terms.

Upon termination, all of the legal rights, obligations and liabilities that you and Riskalyze have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this termination, including the provisions of the “General Legal Terms” and “Conflict of Laws” sections below.
15. DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS.

IN PARTICULAR, RISKALYZE, ITS OFFICERS AND DIRECTORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR FREE FROM ERROR, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RISKALYZE OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

RISKALYZE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
16. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RISKALYZE, ITS OFFICERS AND DIRECTORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR:
1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS WILL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF YOUR OR RISKALYZE'S ACTIONS;
3. ANY CHANGES WHICH RISKALYZE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
4. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
6. YOUR FAILURE TO PROVIDE RISKALYZE WITH ACCURATE ACCOUNT INFORMATION;
7. ALL OF THE LIMITATIONS ON RISKALYZE’S LIABILITY TO YOU WILL APPLY WHETHER OR NOT RISKALYZE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF RISKALYZE, ITS OFFICERS OR DIRECTORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIFTY UNITED STATES DOLLARS ($50.00).
17. Indemnification You agree to defend, indemnify and hold harmless Riskalyze, its officers and directors, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or their partners, and any of their successors or assigns, and any of their respective officers, directors, agents or employees (the “Released Parties”) from any loss, damages, liabilities, costs, expenses, including reasonable attorney fees, claims and proceedings arising out of or relating to: (a) your or your Advisor’s use of the Services; and (b) any alleged breach of the Terms by you.
18. General Legal Terms. The Terms, combined with your order form, constitute the whole legal agreement between you and Riskalyze and govern your use of the Services, and completely replace any prior agreements between you and Riskalyze in relation to the Services. If you have entered into an Enterprise Customer Agreement or a Master Services Agreement with Riskalyze, it is agreed that those terms may supersede these Terms of Service if they clearly state that is the case. You agree that if Riskalyze does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Riskalyze has the benefit of under any applicable law), this will not be taken to be a formal waiver of Riskalyze’s rights and that those rights or remedies will still be available to Riskalyze. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with Riskalyze under the Terms, will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree that any dispute regarding the interpretation or enforcement of the terms will be decided by confidential, final and binding arbitration conducted by a mutually agreed to arbitrator located within the County of Placer, State of California, United States of America. The filing fees and arbitrator's fees and costs in such arbitration will be borne by the non-prevailing party. The parties will be entitled to reasonable discovery of essential matters as determined by the arbitrator. In the arbitration, the parties will be entitled to all remedies that would have been available if the matter were litigated in a court of law. Notwithstanding this, you agree that Riskalyze will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Riskalyze may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Riskalyze, and any such attempted assignment will be void and unenforceable.

Last Modified May 7, 2018