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CYBER RISK ASSESSMENT TERMS AND CONDITIONS OF USE

THESE TERMS AND CONDITIONS (THESE TERMS) ARE A LEGAL CONTRACT BETWEEN YOU AND RDS GLOBAL. (“RDS GLOBAL”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: HTTP://WWW.RDS-GLOBAL.COM AS WELL AS ALL ASSOCIATED SITES PROVIDED BY RDS GLOBAL, ITS SUBSIDIARIES AND AFFILIATED COMPANIES AND LINKED TO WWW.RDS-GLOBAL.COM (COLLECTIVELY, THE “SITE”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE (“SERVICES”) OR ANY INFORMATION CONTAINED ON THIS SITE.

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH RDS GLOBAL. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Changes

RDS GLOBAL may make changes to the Site or Services at any time. RDS GLOBAL can change, update, or add or remove provisions of these Terms, at any time by posting the updated terms on this Site and, if you are a current Member (as defined below), emailing you at the email address associated with your registered account. By using this Site after RDS GLOBAL has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

Eligibility

By using the Site, you represent that (i) you are 18 years of age or older.

General Use

RDS GLOBAL provides content through this Site, including, without limitation, all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof, that is the copyrighted and/or trademarked work of RDS GLOBAL, RDS GLOBAL’s third-party licensors and suppliers, users of the Site and/or Services, or other third parties (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.

RDS GLOBAL hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Site and Services solely for your informational, non-commercial and personal use. This license is subject to these Terms and does not include or authorize: (a) any resale or commercial use of the Site or Materials; (b) the collection and use of any product listings, pictures, profiles, ratings or descriptions; (c) the distribution, public performance or public display of any Materials, (d) modifying or otherwise making any derivative uses of the Site, Services or Materials, or any portion thereof; (e) the use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site or Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site, Services or Materials other than for its intended purpose. Any use of the Site, Services or Materials other than as specifically authorized herein is strictly prohibited and will terminate the foregoing license. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. This license is revocable by RDS GLOBAL at any time.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Using the Site and the Services on the Site

In order to access or use certain functionality or password-restricted Services or areas of the Site, you must register with RDS GLOBAL for an account and receive a password.

Password Restricted Areas of this Site

If you desire to register for an account with RDS GLOBAL, you must submit the following information through the account registration page on the Site: your name, company name, and email address. Once you have submitted your account registration information, RDS GLOBAL shall have the right to approve or reject the requested registration, in RDS GLOBAL’s sole discretion. If your account is approved by RDS GLOBAL, you will be sent an e-mail that will allow you to log-on to the Site using the password that you selected in your registration process (the “RDS Global Password”).

You are responsible for maintaining the confidentiality of your RDS Global Password and any Third Party Site Password (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify RDS GLOBAL if any of your Passwords are lost, stolen, if you are aware of any unauthorized use of your Passwords or if you know of any other breach of security related to this Site.

All the information that you provide when registering for an account and otherwise through the Site or Services must be accurate, complete and up to date.

Memberships

By registering for an account with RDS GLOBAL, you become a “Member” with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a “Membership”).

Electronic Communications

By using the Site and/or the Services, you consent to receiving electronic communications from RDS GLOBAL. These electronic communications may include notices about GDPR or Cyber transactional information and other information concerning or related to the Site and/or Services. These electronic communications are part of your relationship with RDS GLOBAL. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy

Please review the RDS GLOBAL Privacy Policy, which is available at https://rds-global.com/privacy/ (the “Privacy Policy”) which explains how we use information that you submit to RDS GLOBAL.

Submissions

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness. You hereby acknowledge the restrictions on creating Submissions for promotional content as set forth in the “Unauthorized Activities” section of these Terms below.

Unless otherwise explicitly stated herein or in RDS GLOBAL Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to RDS GLOBAL a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. RDS GLOBAL agrees to use any personally identifiable information contained in any of your Submissions in accordance with RDS GLOBAL’s Privacy Policy. You hereby acknowledge that RDS GLOBAL is authorized to continue to display or make available on the Site, at its option, Submissions, or portions thereof, that you provide even after you have terminated your account with RDS GLOBAL.

When you provide Submissions, you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require RDS GLOBAL to monitor, police or remove any Submissions or other information submitted by you or any other user.

While RDS Global will endeavour to provide and to allow others to provide useful information regarding the products and companies featured on the Site, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy of such information, that product specifications and other information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information, such as our ratings system), and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that our ratings and other data, summaries or descriptions on the Site, are based on data obtained by or submitted to RDS GLOBAL, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to RDS GLOBAL. Neither our ratings nor any of the other information contained on the Site or provided through the Services, are an endorsement of any particular product or company, or are a guarantee of quality or suitability for any particular purpose. You should independently verify the accuracy of any information you obtain on the Site before purchasing any product or service.

Proprietary Rights

RDS GLOBAL is a trademark of RDS Global, Ltd. in the United Kingdom. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site or in the Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of RDS GLOBAL. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Intellectual Property Infringement

RDS GLOBAL respects the intellectual property rights of others, and we ask you to do the same. RDS GLOBAL may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site and/or Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide RDS GLOBAL’s designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit RDS GLOBAL to locate the material.

• Information reasonably sufficient to permit RDS GLOBAL to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

RDS GLOBAL, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION MATERIAL OR SUBMISSIONS CONTAINED OR PRESENTED ON THIS SITE OR SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, SUBMISSIONS, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR IN THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. RDS GLOBAL DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THSE SITE AND/OR ANY SERVICE. YOU UNDERSTAND THAT RDS GLOBAL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. RDS GLOBAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR ANY SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OR CONDUCT BUSINESS OFFLINE OR IN PERSON. TO THE EXTENT THAT DATA IS BEING TRANSMITTED OVER THE INTERNET HEREUNDER, YOU ACKNOWLEDGE THAT RDS GLOBAL HAS NO CONTROL OVER THE FUNCTIONING OF THE INTERNET, AND RDS GLOBAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PERFORMANCE OF THE INTERNET.

Limitation of Liability

RDS GLOBAL SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR SUBMISSIONS TO OR FROM THE SITE OR SERVICES. IN NO EVENT SHALL RDS GLOBAL BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR ANY SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE AND/OR SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR ANY SERVICE) HOWEVER ARISING, EVEN IF RDS GLOBAL KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Dispute Resolution and Arbitration; Class Action Waiver

Please read this carefully. It affects your rights.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at info@rds.global. This Dispute Resolution and Arbitration Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and RDS GLOBAL. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this Provision carefully. It provides that all Disputes between you and RDS GLOBAL shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Dispute Resolution and Arbitration Provision, the “Company” means RDS GLOBAL and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and RDS GLOBAL regarding any aspect of your relationship with RDS GLOBAL, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as RDS GLOBAL’s licensors, suppliers, dealers or Third-Party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Class Action Waiver

Except as otherwise provided in this Dispute Resolution and Arbitration Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and RDS GLOBAL specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Dispute Resolution and Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Severability

If any clause within this Dispute Resolution and Arbitration Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Dispute Resolution and Arbitration Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Dispute Resolution and Arbitration Provision will be unenforceable and the Dispute will be decided by a court.

Continuation

This Dispute Resolution and Arbitration Provision shall survive the termination of your service with RDS GLOBAL or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if RDS GLOBAL makes any change to this Dispute Resolution and Arbitration Provision (other than a change to the Notice Address), you may reject any such change and require RDS GLOBAL to adhere to the language in this Dispute Resolution and Arbitration Provision if a dispute between us arises.

General

RDS GLOBAL prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by RDS GLOBAL, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Site not resolved by arbitration will be heard in the courts located in Derby, UK. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. RDS GLOBAL’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and RDS GLOBAL and supersede all prior or contemporaneous negotiations, discussions or agreements between you and RDS GLOBAL about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Contact Us

If you have any questions about these Terms or otherwise need to contact RDS GLOBAL for any reason, you can reach us at info@rds.global

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