Terms of Use

Effective November 1, 2005

Contents

Introduction to Terms of Use

PRMIA and the PRMIA Institute ("PRMIA") are is a non-profit corporations which provides information and resources to risk management professionals worldwide. Throughout the explanation of this policy, PRMIA sometimes collectively referred to as "we" or "us." Users of the Website are referred to as "you." These Terms of Use apply to transactions and activities in which you engage, data gathered by the Website, e-mail communications between you and PRMIA, and the Website public forum, weblogs, and job postings service and other means through which you may communicate and/or post messages and information.

These Terms of Use explain how you may access and use the Website. By using PRMIA's Website, you agree to the Terms of Use below. You also agreed to abide by the terms described in the Privacy Policy.

Changes to Website

PRMIA may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time. PRMIA may also impose limits on certain features and services or restrict your access to parts of or the entire site without notice or liability.

Proprietary Rights

Unless otherwise stated in these terms, the contents of this site, including, but not limited to, text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models and software (the "Contents"), are the property of PRMIA or its licensors/providers ("Providers") and are protected by the patent, copyright, trademark and trade secret laws of the United States and/or other countries. All trademarks used or referred to in this website are the property of their respective owners. Nothing contained in this site shall be construed as conferring by implication, estoppel or otherwise any license or right to any copyright, patent, trademark or other proprietary interest of PRMIA or any Third-Party Provider.

Use of Content

PRMIA encourages the sharing of best practice concepts and ideas, many of which are expressed and developed using materials which may be found on or through the PRMIA Website. You must keep intact all copyright, trademark and other proprietary notices that are part of this content when sharing Content with others and you may not use Content for commercial purposes, except within your company, without the prior written consent of PRMIA and/or Providers.

Requests for such consent should be sent to:

PRMIA
PMB #5527
2711 Centerville Road, Suite 120
Wilmington, DE 19808
USA

Some or all Providers impose terms and conditions of use in addition to those set forth here. Your use of Contents from those Providers is further subject to those additional terms and conditions of use.

Disclaimers and Limitation of Liability

DUE TO THE NUMBER OF SOURCES FROM WHICH THE CONTENTS ARE OBTAINED, AND THE INHERENT POTENTIAL HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENTS, AND ALTHOUGH THE CONTENTS HAVE BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THEY ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU AGREE THAT PRMIA, PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, "CONTENT PROVIDERS") CANNOT AND DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CONTENTS. PRMIA AND CONTENT PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. YOU FURTHER AGREE THAT PRMIA AND CONTENT PROVIDERS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN THE CONTENTS.

YOU ALSO AGREE THAT IN NO EVENT SHALL PRMIA OR ANY CONTENT PROVIDER BE LIABLE TO YOU OR TO ANY OTHER PARTY OR PERSON FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY EVENTS BEYOND THEIR CONTROL OR NEGLIGENCE IN PROCURING, COMPILING, OBTAINING, INTERPRETING, EDITING, WRITING, REPORTING OR DELIVERING ANY CONTENT. YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, AND YOUR RELIANCE ON THE CONTENTS IS AT YOUR SOLE RISK.

IN NO EVENT SHALL PRMIA OR ANY CONTENT PROVIDER BE LIABLE TO YOU OR ANY OTHER PARTY OR PERSON FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR OR THEIR DIRECT OR INDIRECT USE OF THIS SITE OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY OTHER PARTY OR PERSON IN RELIANCE UPON SUCH CONTENT OR FOR ANY TYPES OF DAMAGES (SUCH AS, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES), EVEN IF PRMIA OR CONTENT PROVIDERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE NOT TO RELY ON THIS SITE OR THE CONTENTS IN CAUSING OR EFFECTUATING AN EXECUTION OF ANY TRANSACTION.

PRMIA DOES NOT WARRANT THAT ITS OR CONTENT PROVIDERS’ SITES AND SERVERS OR E-MAIL SENT FROM PRMIA OR CONTENT PROVIDERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS SITE OR THE CONTENTS WILL BE SECURE OR AVAILABLE WITHOUT INTERRUPTIONS, DELAYS OR ERRORS.

Use of Links

Links from this site to other websites are provided solely for your convenience. You understand that should you leave this site via a link, the content of that third-party site is not provided or endorsed by PRMIA, and PRMIA has not reviewed or approved the terms of use or other policies governing such sites. PRMIA does not monitor, make any representation with respect to or assume any liability for any third-party sites, including, without limitation, any products or services that are advertised or made available for purchase through such sites. PRMIA makes no guarantees, representations or warranties whatsoever with respect to third-party sites, and it shall not be liable for any information, data or content made available by any third- party, including, without limitation, any claim arising from the accuracy, subject matter, quality or timeliness of any such content, or the use of any personal information that you may provide to such third-party sites. You further agree that PRMIA is not responsible for any action taken by you or any other party or person in reliance on such third-party information, data or content.

Comments and Communications

You may participate in the Discussion Forum, use your PRMIA Mailbox or Weblogs, or post a resume or job listing on the Job Posting Service, or use other services offered on the Website. It is your responsibility to ensure that no portion of this content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. Anyone posting such content agrees to indemnify and hold PRMIA harmless from all actual and incidental costs and fees associated with PRMIA's defense of any claims arising from such content, including, but not limited to, all attorneys' fees. PRMIA reserves the right to remove any offending content at its sole discretion.

PRMIA shall have no obligation of any kind with respect to any information that you provide via this website and shall be free to reproduce, use, disclose and distribute the information to others without limitation, except as otherwise set forth in the Privacy Policy. PRMIA shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, and you agree to waive any rights you may have therefor.

Use and Protection of Username and Password

You are responsible for maintaining the confidentiality of your username, and/or password. You are responsible for damages resulting from all uses of your username, and/or password, whether actually or expressly authorized by you, unless access to your account username, and/or password was obtained through no fault or negligence of your own.

Opting Out

From time to time, PRMIA may deliver to you via e-mail a newsletter or other communications on issues that PRMIA believes may be of interest to you, all in compliance with the CAN-SPAM Act. If you have received such an e-mail communication from PRMIA and wish to opt-out of receiving further communications of that type, you may do so by following the opt-out procedure set forth in the e-mail or by blocking messages in your PRMIA mailbox.

Termination of Use

You agree that PRMIA may, in its sole discretion, at any time terminate your access to the site and any account you may have in connection with the site.

Governing Law and Jurisdiction

These Terms of Use shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in Minneapolis, Minnesota for the resolution of any disputes arising from these Terms of Use.

Our Commitment to Children's Privacy

Protecting the privacy of the children is especially important to us. For that reason, we do not collect or maintain information from those we actually know are under 13 years of age, and no part of Website is structured to attract anyone under 13 years of age.

Your Acceptance of Our Website Terms of Use

By using this Website and participating in any of PRMIA's services, you consent to the Terms of Use. If you do not wish to agree with this policy, please do not use this Website or participate in any PRMIA's services. PRMIA reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Your continued use of this Website following the posting of changes to these terms means that you accept such changes.

Contact Us

If you have any questions or suggestions regarding our Terms of Use, please contact us at: support@prmia.org.