This End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Factory Mutual Insurance Company ("FM Global").
MyRisk is a proprietary product of FM Global and is intended for the sole and exclusive use of the brokers, clients, affiliates, employees, and select business partners of FM Global. Use by any other party is prohibited. We license use of MyRisk to you on the basis of this Agreement. We do not sell the software, content or services to you. We remain the owners at all times. You acknowledge that you have no rights in, or to, MyRisk, the contents, services documents or technology other than the right to use each of them in accordance with the terms of this Agreement.
To obtain access to MyRisk, you must indicate your acceptance of the following terms and conditions. If you do not wish to be bound to them, you should not accept them and should not otherwise try to access the site. The terms of this Agreement apply to any MyRisk content and services, including any updates or supplements.
FM Global provides access to MyRisk only in accordance with these terms and conditions:
1. When you are granted access to MyRisk, you will be given an individual password. You are not to share that password with other parties, including other employees. You only may access accounts, locations and products assigned to you. Your access will be terminated when it is no longer appropriate.
2. FM Global views, controls, audits and monitors access to, and the use of, all information to which the MyRisk user has access, and retains the sole and exclusive right to make format and content changes without prior written notice. You must obtain permission for any third party information you post on MyRisk from said third parties. FM Global may, at any time, view any information posted on MyRisk and you acknowledge that our Privacy Policy are incorporated into this Agreement.
3. Information posted on MyRisk is not a part of any insurance policy and does not alter or affect policy language in any way. The language of the actual policy in force always is controlling.
4. Access to MyRisk by clients and business partners is strictly limited to individual employees of the client or business partner on a need-to-know basis as part of the insurance or business relationship with FM Global. Any email address should be unique to the named user and not be associated to a group or distribution list.
5. MyRisk and its contents are not intended as an offer to sell a product or service. All product and service descriptions are general in nature.
7. In consideration of you agreeing to abide by the terms of this Agreement, FM Global grants you a limited, non-exclusive and non-transferable license to use MyRisk soley for the express purpose of supporting the insurance or business relationship with FM Global and to access and use the content and services made available in or otherwise accessible, strictly in accordance with this Agreement, the Terms of Use and the Privacy Policy. We reserve all other rights.
8. You shall not copy the content and services, except as expressly permitted by this license (as set out in section 9, below); modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable; remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Content and Services of MyRisk, to any third party for any reason.
9. Other than information obtained through CustomWeather, Inc. and Axco Insurance Information Services, Ltd., and any similar third party content or data providers (which is the confidential and proprietary information of those respective parties), the information in MyRisk is the confidential and proprietary information of FM Global. You must not infringe our intellectual property rights or those of any third party in relation to your use of MyRisk. MyRisk information may be reproduced in accordance with this Agreement, only for the express purpose of supporting the insurance or business relationship between FM Global and the client or business partner. You may not reproduce, distribute, transmit, display, or prepare derivative works from the materials in MyRisk without the prior written consent of FM Global, except that you may copy and print a limited amount of content only in support of the insurance or business relationship with FM Global.
10. Where third-party content is displayed, included or made available ("Third Party Materials"), you acknowledge and agree that FM Global is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. FM Global does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
11. You must not use MyRisk in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, in a way that could damage or compromise our systems or security, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data into any operating system. You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of MyRisk.
12. The term of the Agreement commences when you access MyRisk and will continue in effect until terminated by you or FM Global. FM Global may terminate your access to MyRisk at any time for any or no reason. In the event of termination of your organization’s insurance or business relationship with FM Global, all further access to, and use of, information is strictly prohibited. Information previously reproduced will retain confidential status, and FM Global has the right, upon request, to the return of any and all copies. All rights granted to you under this Agreement will also terminate. Termination will not limit any of FM Global's rights or remedies at law or in equity.
13. THE LICENSE IS PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. ALTHOUGH FM GLOBAL SEEKS TO ENSURE THAT INFORMATION IN MyRisk IS REASONABLY ACCURATE, MyRisk CONTAINS CERTAIN INFORMATION AND TOOLS (INCLUDING, BUT NOT LIMITED TO, CERTAIN WEATHER-RELATED DATA) THAT ARE INHERENTLY SUBJECT TO CHANGE. WITH RESPECT TO ANY INFORMATION IN, OR ACCESSIBLE THROUGH, MyRisk, FM GLOBAL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, ALL OF WHICH IS PROVIDED ON AN "AS IS" BASIS. FURTHERMORE, FM GLOBAL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: INFORMATION POSTED BY A USER, ANY APPOINTMENT OF A USER, OR FOR ANY ACTIONS BY A USER. FM GLOBAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY LIABILITY OF FM GLOBAL TO ITS CLIENTS IS LIMITED TO THAT CONTAINED IN ITS INSURANCE POLICIES.
14. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FM GLOBAL HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE MYRISK OR THE CONTENT AND SERVICES FOR:
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PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
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DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR FM GLOBAL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
15. You agree to indemnify, defend and hold harmless FM Global and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of MyRisk or your breach of this Agreement. Furthermore, you agree that FM Global assumes no responsibility for the content you submit or make available through this Application.
16. This Agreement is governed by and construed in accordance with the internal laws of [the State of Rhode Island] without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of [the State of Rhode Island]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
THE FOLLOWING ADDITIONAL CONDITIONS APPLY TO THE MANAGING USER:
17. As a further condition of access to MyRisk, if you are carrying out the role of the Managing User for your organization, you will be bound by the following additional terms and conditions. A Managing User, as identified by FM Global, is the individual within your organization who determines the level of access granted for all other MyRisk users within your organization or in an external organization. If you do not wish to be bound to these terms and conditions, you should not accept them. As the Managing User:
- You acknowledge that by granting user access to any party, you will be giving that user authority to see information relating to your organization and comment on all pertinent insurance activities.
- Via MyRisk you will:
- have access to all products that are shared with your organization;
- approve user access to MyRisk,
- have the ability to assign administrative/approval functions to individuals within your organization or in an external organization, as permitted by FM Global.
- terminate User access when access is no longer appropriate.
- Acknowledge that when you assign administrative/approval responsibilities to another person, that individual will have the ability to approve user access to MyRisk on your behalf, but you will continue to be the individual within your organization who assures that the appropriate access is being granted and that the terms and conditions of use are being observed for your organization.
- You acknowledge that you are in a position within your organization that will enable you to fulfill the role of Managing User.
- Applicable to client Managing User: As the insured client, you acknowledge that you have authorized your insurance broker to see information relating to your organization and comment on all pertinent insurance activities. If that authorization is rescinded, you will notify FM Global immediately.
- A Managing User or a user with administrative/approval responsibilities may make requests directly to FM Global to add MyRisk users in your organization. FM Global will act on such requests accordingly, with no further confirmation or approval required by your organization.