Acceptance of Terms.
Welcome to Risktransferinc.com ("RISK TRANSFER"). The following are the terms
that govern the use ("Terms of Use") of this site. PLEASE READ THESE TERMS OF
USE CAREFULLY BEFORE USING THIS SITE. By using the RISK TRANSFER site, you
agree to these terms. If you do not agree to these terms of use, you may not
use this site.
Restrictions on Use of Materials.
This site is owned and operated by RISK TRANSFER HOLDINGS, INC., a Florida
corporation. No material from RISK TRANSFER, including the RISK TRANSFER logo,
copyrighted material, graphics, photos, web design, and any other RISK TRANSFER
materials may be copied, distributed, posted, reproduced, republished, sold,
transmitted, uploaded, or exploited in any means or for any use not approved of
in writing by RISK TRANSFER HOLDINGS, INC., except that RISK TRANSFER HOLDINGS,
INC. permits use of materials for your personal, non-commercial home and
informational use only, provided that you keep intact all copyright and other
proprietary notices.
You may link to the RISK TRANSFER site from your own web site, provided that
you make it clear that the RISK TRANSFER site is an independent site and not
your own work.
Modification of the materials or use of the materials for any other purpose is
a violation of RISK TRANSFER copyright and other proprietary rights. The use of
any such material on any other site or networked computer environment is
prohibited. All other trademarks are the sole property of their respective
owners. RISK TRANSFER HOLDINGS, INC. in no way endorses or is affiliated with
any other trademarks displayed on the RISK TRANSFER site and other web sites
created by RISK TRANSFER HOLDINGS, INC. The RISK TRANSFER site and its content
are provided as a public service and may not be sold or used for profit by the
public.
Any misrepresentation, transmission, and/or storing of RISK TRANSFER data
without express written authorization from RISK TRANSFER HOLDINGS, INC. is
prohibited and will be enforced according to U.S. Federal and State Law.
You acknowledge and agree that the RISK TRANSFER site contains proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge that content contained in sponsor
advertisements or information presented to you through the site or advertisers
is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by RISK TRANSFER
HOLDINGS, INC. or RISK TRANSFER advertisers, you agree not to distribute,
lease, loan, modify, rent, sell or create derivative works based on the site in
whole or in part.
You agree not to copy, duplicate, reproduce, sell, resell or exploit for any
commercial purposes, any portion of the site, use of the site or access to the
site.
Any misrepresentation, transmission and/or storing of RISK TRANSFER data is
prohibited without express written authorization from RISK TRANSFER HOLDINGS,
INC. and will be enforced according to the U.S. State and Federal law.
International Use.
You agree to comply with all local rules regarding acceptable content and
online conduct. You agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside.
RISK TRANSFER HOLDINGS, INC. controls and operates its site in the United
States of America. RISK TRANSFER HOLDINGS, INC. in no way implies that the
materials on the site are appropriate or available for use outside of the
United States. If you use the RISK TRANSFER site from locations outside of the
United States, you are responsible for compliance with any applicable local
laws.
Submissions.
You agree that all graphics, ideas, remarks, suggestions or other information
that you communicate to RISK TRANSFER HOLDINGS, INC. become and remain RISK
TRANSFER HOLDINGS, INC. property and that RISK TRANSFER HOLDINGS, INC. need not
compensate you or anyone else for them; that no submission is confidential;
that RISK TRANSFER HOLDINGS, INC. may use the ideas that you submit, including,
but not limited to, product or advertising ideas without compensation to you or
anyone else for them; that RISK TRANSFER HOLDINGS, INC. has exclusive ownership
to all present and future rights to submissions of every kind and can use them
for any purpose without compensation to you or anyone else for them.
You acknowledge that you are responsible for any submission you make, that you
and not RISK TRANSFER HOLDINGS, INC. has full responsibility for the message,
including its legality, reliability, appropriateness, originality and
copyright.
Indemnity.
You agree to indemnify and hold RISK TRANSFER HOLDINGS, INC., and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of content you submit,
post, transmit or make available through the site, your use of the site, your
connection to the site, your violation of the Terms of Use, or your violation
of any rights of another.
General Practices.
RISK TRANSFER HOLDINGS, INC. does not link to any site promoting violence,
hate, pornography, or any type of illegal activity, or any other content that
RISK TRANSFER HOLDINGS, INC. deems to be inappropriate or incompatible with its
site focus.
RISK TRANSFER HOLDINGS, INC. partners are additionally prohibited from linking
to or promoting any such site or organizations. RISK TRANSFER HOLDINGS, INC.
reserves the right to remove any and/or all links that are inconsistent with
its terms of prohibited content.
You acknowledge that RISK TRANSFER HOLDINGS, INC. and its designees shall have
the right but not the obligation in their sole discretion to refuse or move any
content that is available on the site, including, but not limited to, setting a
maximum number of days that postings or other uploaded content will be retained
on the site. You further acknowledge that RISK TRANSFER HOLDINGS, INC. reserves
the right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
RISK TRANSFER HOLDINGS, INC. reserves the right at any time and from time to
time to modify or discontinue permanently or temporarily the RISK TRANSFER site
with or without notice. You agree that RISK TRANSFER HOLDINGS, INC. shall not
be liable to you or to any third party for any discontinuance, modification or
suspension of the site.
You agree that you must evaluate and bear all risks associated with the use of
any content, including any reliance on the accuracy, completeness, or
usefulness of such content. You acknowledge, in that regard, that you may not
rely on any content created by RISK TRANSFER HOLDINGS, INC. or submitted to
RISK TRANSFER HOLDINGS, INC., including, but not limited to, information on
message boards and in all other parts of the site.
You acknowledge and agree that RISK TRANSFER HOLDINGS, INC. may preserve
content and may also disclose content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably necessary
to: (a) enforce the Terms of Use, (b) comply with legal process, (c) protect
the rights, property, or personal safety of RISK TRANSFER HOLDINGS, INC., its
users and the public, (d) respond to claims that any content violates the
rights of third-parties.
You understand that the technical processing and transmission of the site,
including your content, may involve (a) changes to conform and adapt to
technical requirements of connecting networks or devices, (b) transmissions
over various networks.
You understand that all information, audio, video, graphics, photographs,
messages, text or other materials ("content") are the sole responsibility of
the person from which such content originated. This means that you and not RISK
TRANSFER HOLDINGS, INC. are entirely responsible for all content that you post
or otherwise make available via the site.
Dealings with Advertisers.
Your business dealings with, correspondence with or participation in promotions
of, advertisers found on or through the site, including payment and delivery of
related goods or services, and any other conditions, representations, terms, or
warranties associated with such dealings, are solely between such advertiser
and you. You agree that RISK TRANSFER HOLDINGS, INC. shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the site.
RISK TRANSFER HOLDINGS, INC. does not guarantee the accuracy integrity or
quality of any advertiser's content.
Links.
You agree that RISK TRANSFER HOLDINGS, INC. has no control over third-party
sites or links to other sites or resources. You acknowledge that RISK TRANSFER
HOLDINGS, INC. is not responsible for the availability of such external
resources or sites and does not endorse and is not responsible or liable for
any advertising, content products or other materials on or available from such
sites or resources. You further acknowledge and agree that RISK TRANSFER
HOLDINGS, INC. shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such content, goods, or services available on or through
any such service or site.
Disclaimer of Warranties.
- Your use of the site is at your sole risk. RISK TRANSFER HOLDINGS, INC. makes
no warranty that the site will meet your requirements.
- You agree that any material downloaded or otherwise obtained through the use
of the site is done at your own discretion and risk and that you will be solely
responsible for any damage to your computer system 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 RISK
TRANSFER HOLDINGS, INC. or through or from the site shall create any warranty
not expressly stated in the Terms of Use.
- To the fullest extent permissible pursuant to applicable law, RISK TRANSFER
HOLDINGS, INC. does not warrant that the functions contained in the materials
will be uninterrupted, timely, secure, or error-free, that defects will be
corrected, that results obtained from the use of the site will be accurate or
reliable, the quality of any products, services information, or other material
purchased or obtained by you through the service, or that this site or the
server that makes it available is free of viruses or other harmful components.
- RISK TRANSFER HOLDINGS, INC. does not warrant or make any representations
regarding the use or the results of the use of the materials in this site in
terms of their correctness, accuracy, reliability, or otherwise.
- In some cases, RISK TRANSFER HOLDINGS, INC. will produce search results that
reference third parties throughout the World Wide Web. RISK TRANSFER HOLDINGS,
INC. has no control over and cannot guarantee the content provided by these
sites. RISK TRANSFER HOLDINGS, INC. will not be responsible for any claims
resulting in the use of this service as it does not directly control all
material provided therein.
- With regard to resources and information provided by third parties, including
websites, RISK TRANSFER HOLDINGS, INC. cannot control and cannot guarantee the
accuracy of the information and/or the content provided through the RISK
TRANSFER web site.
- RISK TRANSFER HOLDINGS, INC. does not claim ownership of content you submit
or make available on the site. However, with respect to content you submit or
make available for inclusion on publicly accessible areas of the site, you
grant RISK TRANSFER HOLDINGS, INC. the following world-wide, royalty free and
non-exclusive license(s), as applicable:
- with respect to content that you submit or make available for inclusion on
Risktransferinc.com the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such content on the site solely for the
purposes of providing and promoting the site. This license exists only for as
long as you elect to continue to include such content on the site and will
terminate at the time you remove or RISK TRANSFER HOLDINGS, INC. removes such
content from the site.
- with respect to video, audio, graphics or photos that you submit or make
available for inclusion on the site the license to use distribute, reproduce,
modify, adapt, publicly perform and publicly display such content on the
service solely for the purpose for which such content was submitted or made
available. This license exists only for as long as you elect to continue to
include such content on the site and will terminate at the time you remove or
RISK TRANSFER HOLDINGS, INC. removes such content from the site.
- with respect to content other than video, audio, graphics or photos that you
submit or make available for inclusion on the site, the perpetual, irrevocable
and fully sublicensable license to adapt, distribute, modify, publish,
reproduce, use, translate, publicly perform and publicly display such content
in whole or in part and to incorporate such content into other works in any
format or medium now known or later developed.
Limitation of Liability.
- RISK TRANSFER HOLDINGS, INC. will not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages or injury that
accompanies or results from your use of its site, including, but not limited
to, damages for loss of profits, goodwill, use, data, or other tangible or
intangible losses.
- These include, but are not limited to, damages or injury caused by any:
- use of or inability to use the site
- use of or inability to use any site to which you hyperlink from our site
- unauthorized access to or alteration of your data or transmissions
- properly or improperly following any instructions or directions contained on
the site
- statements or conduct of any third party on the site
- failure of performance
- error
- omission
- interruption
- defect
- delay in operation or transmission
- computer virus
- line failure
- trading or investment decisions made based on information found on or through
the site
- or any other matter relating to the site
- RISK TRANSFER HOLDINGS, INC. is not liable even if RISK TRANSFER HOLDINGS,
INC. has been negligent or if its authorized representative has been advised of
the possibility of such damages - or both.
- Exception: In certain states the law may not allow RISK TRANSFER HOLDINGS,
INC. to limit or exclude liability for these incidental or consequential
damages, so the above limitation may not apply, and you may indeed have the
right to recover these types of damages.
- But in any event, RISK TRANSFER HOLDINGS, INC.'s liability to you for all
losses, damages, injuries, and claims of every kind will not be greater than
the amount you paid to access our site whether the damages are claimed under
the terms of a contract, or they are claimed to be caused by negligence or
other wrongful conduct, or they are claimed under any other legal theory.
- RISK TRANSFER HOLDINGS, INC. does not endorse or approve any products or
information offered at sites that you reach through our site or sites to which
we provide access. Check the Uniform Resource Locator (URL) address provided in
your WWW browser to see if you are still on a RISK TRANSFER HOLDINGS, INC.
operated site or have moved to another site.
Venue/ General Information.
The user agrees that these Terms of Use and the agreement they create, shall be
governed by and interpreted according to the laws of the State of Florida
without applying the state's conflict-of-laws principles and that the venue for
any lawsuit shall be in any court of competent jurisdiction within Orange
County in the State of Florida and you and RISK TRANSFER agree to submit to the
personal and exclusive jurisdiction of such courts. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the RISK TRANSFER site or the Terms of Use must be
filed within one (1) year after such claim or cause of action arose or be
forever barred.
The section titles in the Terms of Use are for convenience only and have no
contractual or legal affect.
RISK TRANSFER HOLDINGS, INC. may modify these Terms of Use, and the agreement
they create, at any time, simply by updating this posting and without notice to
you.
The failure of RISK TRANSFER HOLDINGS, INC. to exercise or enforce any right or
provision of the Terms of Use shall not constitute a waiver of such right or
provision. If any provision of this agreement is unlawful, void or
unenforceable, it will not affect the validity and enforceability of any
remaining provisions. If a court of competent jurisdiction finds any provision
of the Terms of Use or the application of such provisions to persons or
circumstances to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision and other provisions of the Terms of Use remain in full force and
effect.
These Terms of Use supersede any and all prior or contemporaneous agreements or
understandings between you and RISK TRANSFER HOLDINGS, INC., whether oral or
written, as to the subject matter of these Terms.
No waiver of these Terms will be valid, except in the event that the waiver is
in writing and signed by an officer of RISK TRANSFER HOLDINGS, INC. If the
performance by RISK TRANSFER HOLDINGS, INC. of the Terms of Use or any
obligation thereunder is prevented restricted or interfered with by any act or
condition whatsoever beyond the reasonable control of RISK TRANSFER HOLDINGS,
INC., you shall excuse, without further action or notice, RISK TRANSFER
HOLDINGS, INC.'s performance to the extent of such prevention, restriction or
interference.
This is the entire agreement regarding all matters discussed in the preceding
paragraphs.
You can direct any questions concerning these terms to:
William R. Lowman, Jr.
Zimmerman, Shuffield, Kiser and Sutcliffe, P.A.
P.O. Box 3000
Orlando FL 32802