Privacy Notice Terms of Use

RISKTRENDS™ BETA TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING RiskTrends™ ("Platform"). By using this Platform, you signify your agreement to the Terms. If you do not agree with the Terms, please do not use this Platform.

The McCalmon Group, Inc. ("McCalmon") is the owner and licensor of the Platform and its contents. McCalmon may, at its discretion, invite third parties to provide content and/or promote services via the Platform or utilize third parties to maintain portions of the Platform.

PERSONAL AND NON-COMMERICAL USE LIMITATION

Unless otherwise specified, the Platform is for personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative work from, transfer, or sell any information, software, products, or services from this Platform, unless specifically permitted in writing as set forth herein.

CHANGES TO THE PLATFORM

McCalmon will make changes and improvements to this Platform, including content and feature changes, at any time, without notice or liability.

ACKNOWLEDGEMENT OF BETA TESTING

You acknowledge and agree that: (a) the Platform is not an official product and that it has not been commercially released by McCalmon; (b) the Platform and its functions may not operate properly, be in final form, or be fully functional; (c) the Platform may contain errors, design flaws, or other issues or concerns; (d) it may not be possible to make the Platform fully functional; (e) the information obtained using the Platform may not be accurate and may not accurately correspond to information extracted from the Platform or other source; (f) use of the Platform may result in unexpected or unpredictable results; (g) McCalmon is under no obligation to release a commercial version of the database; (h) McCalmon has the right to unilaterally abandon development of the Platform, at any time, and without any obligation or liability to you or your organization; (i) McCalmon may add improvements and/or make changes to the Platform at any time and for any reason without notice and that these improvements and/or changes may limit access or functionality; and, (j) your use, suggestions, and/or feedback regarding the Platform shall not guarantee access to the Platform, via subscription or otherwise, after beta testing is expired and/or terminated.

NO LEGAL ADVICE/ATTORNEY-CLIENT RELATIONSHIP

All content provided on and/or regarding the Platform is for educational purposes only. It is not legal advice and shall not be considered legal advice. You acknowledge and agree that the Platform is not intended to and does not:

  1. Offer legal advice, convey legal advice, or constitute legal advice; nor is it meant as a substitute for legal advice. When seeking legal advice, you are cautioned to seek the advice of a licensed attorney. You should not act on any information provided on the Platform without first seeking the advice of a licensed attorney;
  2. Create an attorney-client relationship/privilege; and/or
  3. Act as a solicitation for legal services.

McCalmon and any contributing authors do not intend to, and do not, make any guarantees or predictions on the outcome of legal matters, even if they happen to involve facts and circumstances similar to content on the Platform.

McCalmon may have licensed attorneys on staff. These attorneys are licensed to practice law in specific jurisdictions; however, they are not engaged in the practice of law. You acknowledge and agree that you shall never assume that an attorney is licensed in your specific jurisdiction. Moreover, unless expressed in writing by an attorney, the attorneys listed on the Platform, or attorneys who contribute articles, are not certified by, or certified as specialists or experts by, any professional, governmental, or licensing agency/authority. Designations of practice areas, expertise, practice concentrations, or specializations of attorneys are not intended to suggest or represent the contrary.

Licensed attorneys may write, review, edit, create, or otherwise interact with materials and/or information on the Platform. However, your reliance on or use of such materials and/or information shall not constitute legal advice given by McCalmon or such licensed attorneys, none of whom are engaged in the practice of law.

CONFIDENTIALITY OF SUBMITTED INFORMATION

If you choose to contact McCalmon or a contributing author via email, please do not disclose confidential information. This confidential information includes, but is not limited to, trade secrets, proprietary information, clients’ information, and all other information of a confidential nature. Your communications by any method to an author, whether or not that individual is a licensed attorney, does not mean that the author serves you in any representative capacity. Thus, your communications will not be considered confidential or privileged, and may be freely disclosed to others.

AVAILABILITY

McCalmon does not offer or guarantee continuous or uninterrupted access to this Platform. Please note that operation of the Platform may be interfered with for numerous reasons, including scheduled maintenance and factors outside of McCalmon’s control, the control of McCalmon subcontractors, or the control of any other representatives of McCalmon.

EQUIPMENT

Non-subscribers and subscribers who have successfully registered onto the Platform are responsible for obtaining and maintaining their own telephone, computer hardware, and other equipment needed for access to, and use of, the Platform and any and all related charges for that equipment.

PLATFORM USE

The use of this Platform is limited. You may not:

  • Act in a false, inaccurate, misleading, or fraudulent manner.
  • Defame, abuse, harass, stalk, or threaten others.
  • Publish, post, upload, distribute, or disseminate any racially- offensive statements, bigoted remarks, or insensitive comments.
  • Advocate illegal activity or violate any law, statute, ordinance, or regulation.
  • Post or distribute any material that infringes upon and/or violates any right of a third party (i.e., copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy).
  • Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Post or distribute any vulgar, obscene, discourteous, or indecent language or images.
  • Advertise or offer to sell, buy, or solicit others for any purpose unless specifically allowed by McCalmon.
  • Use the Platform for commercial purposes of any kind.
  • Spam or scam any aspect of the Platform or other users.
  • Upload, post, or distribute any files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Request or demand a legal opinion.
  • Make available material or make statements that do not generally pertain to the designated topic or theme of any forum or other interactive feature of the Platform.
  • Violate any applicable laws or regulations.
  • Create a false identity for purpose of misleading others.

Subscribers and Non-Subscribers may not:

  • Circumvent or attempt to circumvent user authentication or Platform security such as accessing data not intended for you or logging on to a server or account without express authorization.
  • Interfere, or attempt to interfere, with Platform service, including, but not limited to, any attempts to harm the host computer.
  • Use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session.

When sending email, Subscribers and Non-Subscribers may not:

  • Harass, stalk, defame, or abuse any person, whether through the message itself or the means by which the message is sent.
  • Send email to any person who does not wish to receive it, including the sending of junk mail, spam, or mail for the purpose of solicitation for a commercial enterprise.
  • Forward or otherwise propagate chain letters of any type, whether or not the recipient wishes to receive such mailings.
  • Send malicious email of any type or fashion.

Liability may be incurred if you violate these rules. McCalmon will cooperate fully with law enforcement in the prosecution of any illegal activities using this Platform.

LICENSE

Non-Subscriber/Public Access Portions of the Platform are subject to these terms:

McCalmon grants to you a limited, personal, non-exclusive, non-transferable, non-sub-licensable, and revocable right and license, to access and use the non-subscriber portions of the Platform for internal, non-commercial purposes only. Material and information on this Platform are not for resale.

 

Subscriber/Restricted Access Portions of the Platform are subject to these terms:

McCalmon grants to you a limited, non-exclusive, non-transferable, and revocable right and license, for the term of the subscription purchased or agreed to by your Organization or as provided by contract or understanding by your Sponsor to access and use the subscriber portions of the Platform for internal, non-commercial purposes only.

 

Both Non-subscribers and Subscribers:

McCalmon Group reserves the right to make changes to these Terms as they affect the use of the access portions of the Platform, at any time, without notice or liability.

DISCLAIMER OF WARRANTIES

The Platform and its use are for general educational purposes only. The Platform may not operate correctly and may be substantially modified prior to first commercial release, or at McCalmon’s option may not be released commercially in the future. You acknowledge and agree that you shall not rely on the database for any financial and/or legal reasons including when making any underwriting, claims, or other financial or legal decisions. THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND MCCALMON DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR CONSULTATION GIVEN BY MCCALMON, ITS AGENTS OR EMPLOYEES WILL IN ANY WAY GIVE RISE TO A WARRANTY. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM REMAINS WITH CLIENT.

McCalmon does not represent or warrant that the material herein is current, complete, or invariably accurate, and any representation or warranty that might otherwise be implied is expressly disclaimed. You may come across materials that you find offensive or inappropriate while using our Platform. We make no representations concerning any content posted by other users of this Platform.

By using the Platform, you agree that McCalmon is not liable to you or others, in any way, for any damages of any kind or under any theory, arising from access to or use of or reliance on the information in this Platform, including, but not limited to liability or damages under contract, tort theories, malpractice, negligence, or any damages caused by viruses contained within electronic files of this Platform or any linked Platform. These disclaimers and limitations on liability apply regardless of any prior notice or objection by any person or entity to us relating to the Platform.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL MCCALMON BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE LIKELIHOOD OF SUCH DAMAGES.

MCCALMON IS NOT RESPONSIBILE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, OR IN ANY WAY RELATED TO: (a) ANY ERRORS OR OMISSIONS CONTAINED IN THE PLATFORM, INCLUDING BUT NOT LIMITED TO TECHNICAL OR TYPOGRAPHICAL ERRORS; (b) ANY THIRD-PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE PLATFORM; (c) THE UNAVAILABILITY OF THE PLATFORM FOR ANY REASON; AND (d) YOUR USE OF THE PLATFORM.

MCCALMON IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY RELATED TO USE OF THIS PLATFORM, ACCESS OF THIRD-PARTY LINKS, OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE PLATFORM.

ADDITIONALLY, IN NO EVENT WILL MCCALMON BE LIABLE FOR ANY CLAIM BY YOU BASED ON ANY THIRD-PARTY CLAIM.

TOTAL, CUMULATIVE LIABILITY TO YOU ARISING OUT OF, OR RELATED TO, THE PLATFORM OR THESE TERMS IS LIMITED TO $200 PER ORGANIZATION OR $20 PER USER NOT TO EXCEED $200. THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY, OR ANY OTHER LEGAL THEORY.

THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY IN THOSE JURISDICTIONS.

RESTRICTIONS: USE OF MATERIALS

No part of the Platform may be copied, reproduced, republished, uploaded, posted, transmitted, downloaded, or distributed in any way, except that you may print a reasonable number of copies of any material on the Platform on any single computer for internal, non-commercial purposes so long as all copyright, trademark, and other proprietary notices on the materials printed are kept as written. Any modification of the materials on the Platform for any purpose is a violation of copyright and other proprietary rights with the exception of a limited right to change Model Policies and Procedures and Model Forms. The use or republication of the material, including trademarks and copyrights, on any other web site or computer network without written permission from the copyright holder is strictly prohibited.

MODIFICATION

The Platform includes certain information that, notwithstanding the restrictions stated in the RESTRICTIONS: USE OF MATERIALS (above), may be modified, but only if you are a Subscriber with access to the restricted portions of the Platform and only if the distribution is limited to within your subscribing Organization. Those portions of the Platform that allow modification are:

  • Model Policies and Procedures; and
  • Model Forms.

Whenever you or your Organization download any material on the Platform for modification, you acknowledge that McCalmon has not reviewed, read, inspected, or approved your material or the modifications to the Platform material and that any changes you make to the material is at your own risk. Thus, McCalmon makes no claim, acknowledgement, or approval of any modifications made by you to the Platform material.

McCalmon cautions all users to seek the advice of an attorney before utilizing any material provided on the Platform. Model policies and procedures are meant as "example only" or for educational purposes and are not meant to be used "as is."

LINKS TO OTHER WEB SITES

The Platform may directly or indirectly provide links to or accept links from websites of other parties for convenience. McCalmon does not control or maintain the material presented by third party web sites. The inclusion of any link on this Platform does not imply any association or relationship between McCalmon and the person or organization sponsoring the linked site, nor does it constitute or imply endorsement, approval, or sponsorship of the linked site by McCalmon or the endorsement, approval, or sponsorship of McCalmon by the owner or proprietor of the linked site.

The links do not imply legal authority to use any protected rights of others reflected in the links. McCalmon does not assume any responsibility for the content, accuracy, or completeness of material presented directly or indirectly in linked sites. If you use any of these links, you will leave the Platform and your use of materials from linked sites is at your own risk.

THIRD PARTIES

McCalmon may use written material from third parties, including attorneys, writing on behalf of another person. The opinions and statements made on the Platform through articles or other forms of written expression are the opinions of the writer and not necessarily the opinion of McCalmon. McCalmon does not guarantee the accuracy, completeness, or usefulness of any written materials nor the merchantability or fitness of any particular product, service, or opinion for any particular purpose.

MONITORING

McCalmon has the right, but not the obligation, to monitor your use of the Platform to determine compliance with the Terms of Use, to satisfy any law, regulation, or authorized government request and to determine usage by you or your Organization. McCalmon has the right in its discretion to edit, refuse to post, or remove any material submitted to or posted on the Platform and the right to remove any material that McCalmon in its discretion, finds objectionable. McCalmon has the right to share information, without notice, as to usage of the Platform, including usage by your Organization as a whole, as well as individual, including the type of usage, amount of usage, training performance, and any written information submitted by either your Organization or you. Moreover, McCalmon may share generalized information about Platform usage that may include compiled information that may include per user or Organization usage. McCalmon reserves the right to terminate your access to any or all of the Platform at any time, without notice, for any reason whatsoever. McCalmon also reserves the right at all times to disclose any information as McCalmon deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.

ACCOUNT INFORMATION

Certain portions of this Platform may require registration. As part of the registration process, users will select a user identification and password. You may not: (a) select or use a user identification or password of another person; (b) use a user identification or password in which another person has rights; or (c) use a user identification or password that McCalmon in its discretion, deems offensive. McCalmon cautions you to choose a strong, unique password for this platform and to not use a password in use for any other site and to not reuse the password for this Platform on any other web site.

Passwords used on the Platform are encrypted. However, you shall be responsible for maintaining the confidentiality of your user identification and password. You shall notify us of any known or suspected unauthorized use of your user identification or password, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your user identification or password.

Your account information, including your username and password, will not be considered confidential, and McCalmon is under no obligation to keep your user identification and password confidential or secure from others. You are entirely responsible for maintaining the confidentiality of your user identification and password. McCalmon will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

THEREFORE, you are cautioned not to use confidential user identifications or passwords as your user identification and password for this Platform. If you do, you do so at your own risk.

As part of the registration process, users will also provide an email address for communication purposes, including for the purpose of receiving information from McCalmon regarding Platform services or related services. You are cautioned to only provide your work email address and not any private or personal email address. If you do so, you do so at your own risk.

Other information may be entered to your account, including job title, organization, work phone number, work address, or work fax number. McCalmon does not want, or collect, private information. Only public information is requested. You are admonished to not use or disclose on the Platform any private or confidential personal or financial identifiers. If you do so, you do so at your own risk.

RIGHTS IN THE PLATFORM

This Platform, its information, data, software, computer code, and all other material contained within this Platform is the property of McCalmon, licensors, subcontractors, or suppliers. You may not use this Platform for any other purpose other than what is specified in these Terms of Use. All rights not expressly granted to you in these Terms are reserved and retained by McCalmon, licensors, subcontractors, or suppliers. In addition, you may not:

  • Alter or remove any proprietary or intellectual property rights notices, labels, or marks on or within the software or computer code that makes this Platform and its programs function.
  • Copy or reproduce any of the software or other computer code that is contained within this Platform or that makes this Platform and its programs function.
  • Translate, engineer, decompile, disassemble, or create like or derivative works based on the software or the computer code that makes this Platform and its programs function.
  • Sell, re-sell, lease, license, rent, lend, sublicense, distribute, or transfer, either directly or indirectly, the software or computer code that makes this Platform and its programs function.
  • Transfer or provide or make available the software or computer code to any third party.

SUBMISSIONS

Information received via this Platform, whether intended to be confidential or not, will not be considered confidential. All comments, suggestions, ideas, graphics, and other information or materials are the property of McCalmon and will remain McCalmon’s exclusive property, including any and all future rights associated with such submissions, even if these Terms of Use are later modified or terminated. By submitting any material, written or otherwise, you are agreeing and acknowledging McCalmon’s unrestricted rights to use (including publishing) the information in any medium, now and in the future, without notice, compensation, citation, or reference to you or any other person or organization in any manner. McCalmon disclaims any liability with regard to such submissions, as well as any actions resulting from your participation in the Platform.

ASSIGNABILITY OF RIGHTS

You may not assign your rights or delegate any duties under these Terms of Use without written consent from McCalmon. McCalmon may, without your consent, assign these Terms of Use and/or assign any rights or delegate any duties to any entity, including one that acquires all or substantially all of the business assets of McCalmon whether by merger, acquisition of stock or assets, operation of law, or the like.

TERMINATION

You may terminate these terms at any time by discontinuing use of the Platform. The access to the Platform granted hereunder terminates upon expiration of the Beta Test Period on August 01, 2024.

Your access to the Platform, including access to restricted access parts of the Platform, may be terminated immediately without notice from McCalmon, in its sole discretion, should you fail to comply with any of the Terms of Use or fail to meet the requirements for access to the Platform. Upon termination you, your organization, and agents of your organization shall cease use of the Platform.

The provisions set forth in these Terms of Use and any other right or obligation between you and McCalmon shall survive the termination of use or the expiration of the Beta Test Period.

APPLICABLE LAW

The RiskTrends™ Beta Terms of Use: (a) will be governed exclusively by the laws of Oklahoma applicable to contracts made, accepted, and performed wholly within Oklahoma, without application of principles of conflicts of laws; (b) constitutes the entire agreement between you and McCalmon and with respect to the subject matter of this Terms of Use, superseding all prior oral and written agreements between you and McCalmon in such respect; (c) may be amended or modified, and any right under these Terms may be waived, only by a writing issued by McCalmon; (d) contains headings only for convenience, which headings do not form part, and will not be used in the construction, of these Terms; (e) may be enforced only in courts located within Oklahoma and both parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses; and (f) may be executed in two or more counterparts, each of which will be deemed an original and all of which together will constitute one instrument.



Copyright: 2024 The McCalmon Group, Inc. All Rights Reserved This material may only be copied for internal use within the organization that licensed it. Any other reproduction or recreation, in whole or part, is strictly prohibited and subject to legal action.