TERMS OF SERVICE
These Terms of Service (the “Terms”) constitute a legal agreement between you (the “user” or “you”) and Acumen Risk LTD (“Acumen,” “we,” “us,” or “our”) and govern your use of our website located at https://web.acumenrisk.com/ (the “Website”), apps and platforms (collectively, the “Services”).
Specific products and services offered by Acumen may be governed by separate agreements, which become part of your agreement with us if you use those products or services.
Acumen reserves the right, in its sole discretion, to modify, replace, revise and update these Terms from time to time. Acumen shall make reasonable efforts to post a prominent notice on the Website in case of a material change of the Terms and shall direct you to the revised Terms for you to review. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of such changes.
Acumen reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to you. You agree that Acumen shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
- Your Membership
To use certain Services, you must register for a membership within the particular app or platform (“Membership”), specify a password, and submit certain information about yourself (your “Profile”). To register for a Membership, you must be at least 16 years old, and you must provide truthful information about yourself. If your information changes at any time, please update your Profile to reflect those changes.
Your name and photo may be displayed on your Profile, which may be visible to other users of the Services. You are solely responsible for maintaining the confidentiality of your username and password, and you are entirely responsible for any and all activities under your Membership. You agree to notify Acumen immediately of any unauthorized use or any other breach of security involving your username and password or Membership. Acumen will not be liable for any loss incurred as a result of unauthorized use of a username, password or Membership.
- Your Content
We may provide opportunities for you to post or submit text, photographs, videos, or other content (collectively, “Your Content”) on the Services. You can only post Your Content if you own all the rights to it, or if the rights holder has given you permission.
You do not transfer ownership of Your Content simply by posting it. However, by posting Your Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use Your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Services.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any of Your Content you post.
Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
- Third Party Content
The Services or portion thereof may be used as a platform or blog where third party content may be displayed (“Third Party Content”). Acumen does not review, edit or control Third Party Content and is not responsible for Third Party Content. We may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Third Party Content posted to the Services.
- Use Restrictions
You may not, whether by yourself or through anyone on your behalf: (i) copy, modify, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, or disassemble any part of the Services in any way; (ii) interfere with or disrupt the operation of the Services; (iii) impersonate any person or entity or provide false personal information or business information, for the purpose of using the Services or obtaining products and services from Acumen; (iv) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Acumen endorses you, your website or the Third Party Content you post; (v) transmit or otherwise make available in connection with the Services or your use thereof any virus, “worm”, “Trojan horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) use the Services for any illegal or unauthorized purpose, or for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly.
You represent, warrant and undertake to Acumen that all information you supply to Acumen, and all of Your Content you post on the Services (a) is not in violation of any law, international convention, rule or regulation; (b) is solely owned or licensed to you and does not infringe upon the intellectual property of any third party; (c) is not be slanderous, abusive, defamatory, obscene, offensive, or otherwise in violation of these Terms; (d) is not be false, misleading, fraudulent or deceptive; and (e) does not contain private or personally identifying information of a third party.
Your failure to comply with the provisions set forth herein will result in the termination of your right to use the Services and may expose you to civil and/or criminal liability.
- Intellectual Property Rights
As between you and Acumen, all proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, “Intellectual Property”), used by or available for use on the Services or in connection with the services offered by Acumen are solely owned or licensed to Acumen and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions. Subject to the foregoing, certain content displayed on the Services, including without limitation, graphics, photos, texts, guides, manuals, data and information, presentations, sounds, music, videos, interactive features, software, scripts, interface, trademarks, service marks and logos (collectively, “Content”) may be owned by third parties other than Acumen.
- Disclaimer and Warranties
THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION OF ACUMEN RELATED THERETO, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SERVICES, AND ACUMEN IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL INFORMATION RECEIVED THROUGH THE SERVICES. MOREOVER, ACUMEN MAKES NO WARRANTIES OF TITLE OR NON-INFRINGEMENT NOR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACUMEN DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
ACUMEN MAY DISCONTINUE DISPLAYING ANY DATA, INFORMATION AND CONTENT WITHOUT NOTICE.
ACUMEN HEREBY DISCLAIMS ALL LIABLITY IN CONNECTION WITH THIRD PARTY CONTENT AND ANY ACTION TAKEN BY YOU IN RELIANCE THEREON SHALL BE YOUR SOLE RESPONSIBILITY.
- Limitation of Liability
THE USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL ACUMEN BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DEATH OR INJURY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF WHETHER ACUMEN OR AN AUTHORIZED REPRESENTATIVE OF ACUMEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
YOU AGREE THAT THE AGGREGATE LIABILITY OF ACUMEN TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY SET FORTH IN THESE TERMS IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
- Intellectual Property Rights of Others
Acumen respects the intellectual property rights of others. If you believe that your work has been copied or your intellectual property rights violated by Acumen, please provide the following information in writing to Acumen’s Intellectual Property Agent: (i) the contact details of the person authorized to act on behalf of the owner of the work; (ii) a description of the work that you claim has been violated; (iii) a description of the material that you claim to be violating or to be the subject of violating activity and that you request to remove or to which access should be disabled, and information sufficient to permit Acumen to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by law or agreement; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly being violated. Acumen’s Intellectual Property Agent can be reached as follows: email@example.com.
These Terms do not, and shall not be construed to, create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
These Terms are governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in London, United Kingdom, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If you have any questions or comments about the Terms, please feel free to send us an email at: firstname.lastname@example.org