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Terms And Conditions For Use Of The Threatrate.Com Services


Effective: January 1, 2008

By using our online services (the "Service"), you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use the Service. The term "ThreatRate Risk Management, LLC," "ThreatRate Risk Management," “ThreatRate,” "us," or "our" refers to ThreatRate Risk Management, LLC. The term "you" refers to the user or viewer of our Service.

  1. ACCEPTANCE OF AGREEMENT

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our Service. This Agreement constitutes the entire and 0nly agreement between ThreatRate and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, the content, products or services provided by or through the Service, and the subject matter of this Agreement. This Agreement may be amended at any time by ThreatRate without specific notice to you. The latest Agreement will be posted on the Service, and you should review this Agreement prior to using the Service.

  1. COPYRIGHT

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Service are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Service, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Service. The posting of information or materials on the Service does not constitute a waiver of any right in such information and materials. Some of the content on the site or may be is the copyrighted work of third parties.

  1. TRADEMARK AND SERVICES MARKS

ThreatRate is a registered trademark of ThreatRate Risk Management LLC. The ThreatRate logo and ThreatRate.com are trademarks or service marks of ThreatRate Risk Management, LLC. The ThreatRate.com website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of ThreatRate Risk Management, LLC. The trademarks, service marks and trade dress of ThreatRate.com may not be used or reproduced without prior written approval from ThreatRate Risk Management, LLC. and may not be used in connection with any product or service that is not affiliated with ThreatRate.com in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of ThreatRate.com, or in any manner that disparages or discredits ThreatRate.com. Other trademarks that appear on the ThreatRate.com Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ThreatRate.com. Any images of persons or personalities contained on the ThreatRate.com Web site are not an indication or endorsement of ThreatRate.com or any particular product or our service unless otherwise indicated.

  1. ACCESS TO THE SERVICES

The ThreatRate.com Website is an online subscription service providing its members with access to a comprehensive kidnap, ransom and extortion database. We offer a variety of subscription plans at varying price levels, including special and promotional plans or subscriptions with limitations. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Service strictly in accordance with this Agreement; (b) to use the Service solely for internal, non-commercial purposes; and (c) to print out discrete information from the Service solely for internal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. Only individuals authorized by the subscribing organization may access and use the Service.. Your login credentials may be restricted from accessing certain materials otherwise available in the Service. Materials and features may be added to or withdrawn from the Service or otherwise changed without notice.

  1. Restrictions: Your license for access and use of the Service and any
    information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted herein), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Service or any Content and Materials retrieved from it; (b) use the Service or any materials obtained from the Service to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Service except as permitted in this Section 4; (d) use any Content and Materials from the Service in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of ThreatRate or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Service; (f) make any portion of the Service available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Service software or use any network monitoring or discovery software to determine the Service architecture; (h) use any automatic or manual process to harvest information from the Service; (i) use the Service for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Service in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Service or any portion thereof, or any software available on or through the Service, in violation of the export control laws or regulations of the United States.

    1. Monitoring: ThreatRate Risk Management LLC. reserves the right to monitor your use of the Content to ensure compliance with this Agreement. If ThreatRate Risk Management LLC, in its sole discretion, determines you are not in compliance with this Agreement, ThreatRate Risk Management LLC reserves the right to take such action as it deems necessary, including, but not limited to: i) Assessing additional charges for users in excess of the number authorized; ii) Suspension of the account; or iii) Termination of the account. Such monitoring may include determining whether or not the Content is
      accessed under the account from multiple IP addresses, as well as noting excessive use or users. Systematic access or excessive extraction of content from the Service, including, without limitation, the use of "bots" or "spiders", is prohibited. ThreatRate Risk Management LLC does not disclose any information regarding its proprietary monitoring methods or policies.

  3. PRIVACY

Any information submitted on the ThreatRate.com Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

  1. REGISTRATION: ACCOUNT ACCESS

You agree to provide ThreatRate with complete and accurate registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. You are responsible for maintaining the confidentiality of your account and password.

  1. UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we, in our sole discretion, deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold ThreatRate and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Service.

  1. NONTRANSFERABLE

Your right to use the Service is not transferable or assignable. Any password or license right given to you to obtain information or documents is not transferable or assignable.

  1. DISCLIMAR, LIMITATION OF LIABILITY

The information, content and documents from or through the site are provided "AS-IS," "AS AVAILABLE," and with "ALL FAULTS". All warranties express or implied, including but not limited to any implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed. The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service, except as provided in Section 10(b). In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. b. The aggregate liability of ThreatRate and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information and services provided herein or hereby shall not exceed the amount of your actual direct damages and that amount shall be in lieu of all other remedies which you may have against ThreatRate and any affiliated party.

  1. LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service and the Content and Materials provided therein.

  1. MISCELLANEOUS

These Terms and Conditions may be changed from time to time, upon notice displayed in the Service. ThreatRate may suspend or discontinue providing the Service to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder. This Agreement shall be treated as though it were executed and performed in New York, New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Service (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by ThreatRate to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.