TERMS OF USE

WHO WE ARE AND HOW TO CONTACT US

Riskthinking.AI is a website (“Website”) operated by Riskthinking.AI a Canadian corporation based in Toronto.

To contact us, please email [email protected]

WEBSITE TERMS OF USE

By accessing and using the Website you acknowledge that you understand and agree to the following terms and conditions (“Terms of Use”) and Riskthinking.AI’s Privacy Policy (“Privacy Policy”). The Privacy Policy forms part of these Terms of Use and are incorporated by reference. Please review the Privacy Policy to understand the controls in place to protect the privacy and security of your information.

If you do not agree to these Terms of Use, Legal Disclaimer the Privacy Policy, you are not authorised to access and use this Website and you should not use this Website.

Your use of this Website, including all text, data, reports, images, photos, graphics, charts, animations and videos (collectively “Content”) contained in, connected to or accessible via this Website, is subject to these Terms of Use.

We reserve the right to make changes to these Terms of Use, Legal Disclaimer, or the Privacy Policy, at any time and without any notice to you. New or revised Terms of Use, which may also include changes to or a new Privacy Policy, shall be posted to the Website. These Terms of Use were last updated on 17 August 2020. We reserve the right to make changes to, amend or discontinue publication of the whole or any part of this Website and/or the Content. These Terms of Use will survive any such discontinuation.

 

1. USE OF THE WEBSITE
Riskthinking.AI grants you a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Content for non-commercial personal use subject to these Terms of Use.

You agree not to remove, obliterate, copy, reproduce, modify, adapt, display, perform, publish, distribute, transmit, broadcast, circulate, create derivative works from, store, or link to the Website or any Content without the express prior written consent of Riskthinking.AI (which may be in the form of an email). To request consent for uses such as linking to Content on your website, please contact Riskthinking.AI at [email protected] Without limiting the foregoing, the Content may not be used in connection with the creation, structuring, development, calculation, compilation, publication or distribution of any financial instrument or product (including, without limitation, passively managed funds and indexed-linked derivative securities) nor to create any derivative works nor to create any other data or index or investment strategy.

You may be required to enter into a license agreement or subscription agreement with Riskthinking.AI in order to access certain Content on the Website. In the event that you have entered into a separate agreement with Riskthinking.AI regarding your access to, use, and distribution of the Content, the terms of such separate agreement will govern in the event of a conflict with these Terms of Use, to the extent of such conflict. If you wish to access subscription-only Content, please contact Riskthinking.AI at [email protected]

 

2. INTELLECTUAL PROPERTY RIGHTS OF Riskthinking.AI

The Website and the Content are the property of Riskthinking.AI, its affiliates, or their third party licensors, and are protected by copyright and other applicable intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of Riskthinking.AI, its affiliates, or their third party licensors. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of Riskthinking.AI or the third party owner of such Marks.

These Terms of Use are not intended to, and will not, transfer or grant any rights in or to the Content other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Riskthinking.AI or the third party providers from whom Riskthinking.AI has obtained the Content.

 

3. CONTRIBUTIONS TO THIS WEBSITE

Where you elect, or are invited, to submit any contribution or material to the Website (including any text, message board content, photographs, content, graphics, video, audio or logo) (“Contribution”) or otherwise consent to the use of the Contribution, then by submitting or consenting to its use, you grant Riskthinking.AI, and its affiliates, a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution worldwide and/or to incorporate your Contribution in other works in any media now known or later developed for the full term of any rights that may exists in your Contribution. If you do not want to grant Riskthinking.AI the rights set out above, please do not submit your Contribution to the Website. Riskthinking.AI shall have no liability to you for any misuse by any third party of any Contribution that is distributed by Riskthinking.AI through the Website or in respect of any infringement of the intellectual property rights in any Contribution by any third party.

By submitting your Contribution to the Website, you:

  • Warrant and represent that your Contribution:
    • is your own original work and that you have the right to make it available to Riskthinking.AI for all the purposes specified above and that it does not breach or infringe anyone else’s rights, such as copyright or is in any way illegal;
    • is not defamatory, libelous, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal;
    • will not and does not contravene any relevant local, national or international law or incite or encourage the contravention of any such law;
    • is not related to the conduct of a business;
    • does not advertise or market anything in any way; and
    • is not otherwise offensive;
  • Agree to indemnify and keep Riskthinking.AI indemnified on demand against all legal fees, damages and other expenses that may be incurred by Riskthinking.AI as a result of your breach of the above warranty; and
  • Agree to waive any moral rights in your Contribution for the purposes of its submission to and publication on the Website and the purposes specified above to the fullest extent permitted by law.
  • We reserve the right to identify you in response to a court order or threat of legal action.
  • If you see any information on the Website that breaches your or anyone else’s rights or may be illegal, defamatory or otherwise should be removed, let us know immediately by emailing Riskthinking.AI at [email protected] and, where we agree, we will do our best to remove it as soon as possible.
  • We reserve the right to remove any Contribution from the Website (including any text, message board content, photographs, graphics, video, audio or logo) at any time and without notice and shall not be obliged to give a reason for doing so. In the event that we remove any Contribution from the Website we shall in no way be liable for any loss, liability, cost or expense suffered by you as a result (whether direct or indirect) of such removal.
  • We reserve the right to edit, remove postings to message boards, delete or use electronic methods to block or filter any Contribution left on or sent to the Website at our discretion, including without limitation any message that contravenes any of these Terms of Use, but we do not have an obligation to do so.
  • You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We reserve the right to report any such breach to the relevant law enforcement authorities and in such an event we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

Riskthinking.AI, at its sole discretion, shall determine whether any Contribution submitted into the Website violates these Terms of Use. While Riskthinking.AI has no obligation to monitor or pre-screen the Contribution, it may be pre-screened and otherwise monitored to ensure compliance with these Terms of Use. Riskthinking.AI reserves the right to discontinue your access to this Website either with or without notice if Riskthinking.AI has a reasonable basis to believe that you are accessing or using the Website or the Content in violation of these Terms of Use. You also agree and understand that Riskthinking.AI may preserve and disclose Content and / or Contribution, with or without notice to you, if, in Riskthinking.AI’s sole discretion, such action is reasonably necessary to: (a) comply with applicable law; (b) enforce these Terms of Use; (c) respond to claims that a user has violated the rights of third parties; or (d) protect the rights, interests, property, or safety of Riskthinking.AI, users, or others. Your use of the Website constitutes your consent to such monitoring and disclosure.

 

4. ANTI-HACKING PROVISION

You expressly agree not to:

  • Use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data-mining,” “computer code”, “agent”, “crawl” or any other automated device, program, tool, algorithm, process, or methodology, technology or manual process having similar processes or functionality as the aforementioned data extraction tools, to access, acquire, copy, or monitor any portion of the Website, or Content found on or accessed through the Website or any Contribution without the prior express written consent of Riskthinking.AI;
  • Obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
  • Violate the restrictions in any robot inclusion headers on this Website or in any way bypass or circumvent any other measure employed by Riskthinking.AI or its affiliates to limit or prevent access to the Website or its Content;
  • Violate the security of the Website or attempt to gain unauthorized access to the Website, its Content and Contributions, or the computer systems, networks or servers of Riskthinking.AI or its affiliates, through hacking, password mining or any other means;
  • Interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website; and/or
  • Take or attempt any action that, in the sole discretion of Riskthinking.AI, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or Riskthinking.AI’s infrastructure.

 

5. REGISTRATION

As part of the registration process for Community Experts, App Users, Data Exchange subscribers, you may be required to select a username and password. In connection with the registration process, you must provide Riskthinking.AI with accurate, complete, and updated information. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your access. Please see the Privacy Policy for details regarding how this information will be used and maintained.

 

6. LIMITATION ON WARRANTIES AND LIABILITY

You are entirely liable for activities conducted by you in connection with browsing and using the Website. If you are dissatisfied with the Website or with these Terms of Use, your sole and exclusive remedy is to stop using the Website. Neither Riskthinking.AI, nor its affiliates, or any third party provider will pay you any damages in connection with your browsing or use of the Website.

Nothing in these Terms of Use shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded. Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable. If you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses. If you are a business user, we also exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any Content.

The opinions, observations, and analysis of Riskthinking.AI and its affiliates contained in the Content are statements of opinion as of the date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any securities or make any investment decisions. Riskthinking.AI assumes no obligation to update any Content following publication. Users of the Content provided through this Website should not rely on any of it in making any investment decision. Riskthinking.AI’s opinions, observations and analyses do not address the suitability of any security. Riskthinking.AI does not act as a fiduciary or an investment advisor. While Riskthinking.AI has obtained information from sources it believes to be reliable, Riskthinking.AI does not perform an audit of such information and undertakes no duty of due diligence or independent verification of any information it receives.

 

7. ADDITIONAL LEGAL TERMS

Unless you have entered into a separate license agreement or subscription agreement with Riskthinking.AI related to your access to, use, and/or distribution of the Content (see Section 1 above), these Terms of Use (including the Privacy Policy) constitutes the entire agreement between you and Riskthinking.AI relating to the Website, the Content, and the Contributions and supersedes any and all other agreements, oral or in writing, with respect to the Website, the Content, and the Contributions. The failure of Riskthinking.AI to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. If any provision in these Terms of Use is invalid or unenforceable under applicable law, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant term shall be deemed deleted and the remaining provisions will continue in full force and effect. These Terms of Use, your rights and obligations, and all claims or actions related to these Terms of Use shall be governed by the laws of Canada. You agree that the courts of Canada shall be the exclusive forum for any dispute arising out of these Terms of Use and you hereby consent to the personal jurisdiction of such courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.

As you browse through this Website, you may access other web sites that are subject to different terms of use. When you use those sites, you may be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and those other terms of use, the other terms of use will govern with respect to use of such other sites.

We cannot guarantee the continuous, uninterrupted or error-free availability or operability of the Website, including the Content. There may be times when all, or certain features, or parts, of the Website, including the Content, becomes unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features or parts of the Content.

When using the Website, data may be transmitted over an open network which may allow such communications to be intercepted by third parties. As a result, we cannot guarantee the confidentiality or security of any communication or data that you may transmit to us through the Website.

We may change the format and Content of the Website from time to time without notice to you. You agree that your use of the Website and the Content is on an ‘as is’ and ‘as available’ basis and is at your sole risk.

 

8. DIGITAL MILLENNIUM COPYRIGHT ACT NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that Content or Contribution published on this Website is infringing, please notify Riskthinking.AI at [email protected]. We will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity.