1. WHO WE ARE AND WHAT THIS DOCUMENT DOES
We are Kroll Information Assurance, LLC (“Kroll”), of 55 E. 52nd Street, 17th Floor, New York, NY 10055 (Attn. General Counsel), and hereby license you to use:
- Kroll’s portal software (“Portal”) and any updates or supplements to it.
- Related online or electronic documentation found in the Portal (“Documentation”)
- The service we provide to you through the Portal (“Service”)
as permitted by these Portal Terms of Use which form a legally binding contract between you and us. Together each of the items bullet pointed above are collectively referred to within these terms and conditions as the “Platform”.
2. YOUR PRIVACY
We only use any personal data we collect through your use of the Platform in the ways set out in our Privacy Policy. Please be aware that Platform transmissions cannot be guaranteed to be completely private or secure and that any message or information you enter or send using the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Contacting us (including complaints)
If you have a problem or question with our service, or wish to contact us for any other reason, please notify us using one of the contact methods found in our About Us or Contact Us page.
How we will communicate with you
If we have to contact you we will do so by email, by SMS, through the Platform or by pre-paid post using the contact details you have provided to us.
3. HOW YOU MAY USE THE PLATFORM
In return for your agreeing to comply with these terms you may:
- use the Platform for your personal purposes only and view, use and display the Platform on such devices for your personal purposes only;
- for business customers: use the Platform in accordance with your services agreement only and view use and display the Platform on such devices in accordance with your services agreement only;
- use any Documentation within the Platform to support your permitted use of the Platform;
- receive and use any free supplementary software code or update of the Platform incorporating “patches” and corrections of errors as we may provide to you.
If you do not agree to these terms you must not use our Platform and must contact us immediately on the details given for us above. We recommend that you save a copy of these terms for future reference.
4. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These terms of use refer to the following additional terms which also apply to your use of our Portal:
- Our Privacy Policy
- End-User Agreement (for consumers only)
- Services Agreement (business users)
- Our Cookies Policy, which sets our information about the cookies on our site.
5. YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE PLATFORM
You must be 18 or over to accept the terms and be able to use the Platform.
6. YOU MUST NOT TRANSFER YOUR RIGHT TO USE THE PLATFORM OR YOUR PLATFORM LOGIN DETAILS TO SOMEONE ELSE
We are giving you personally the right to use the Platform.
You must not transfer your Platform details or Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Platform is used, you must remove memory of anything of or from the Platform from the device prior to the sale. You are responsible for ensuring that all persons who access our Platform through your internet connection or device or using your account details are aware of these terms of use and other applicable documents referred to and that they comply with them.
We do not guarantee that our Platform or any content on it will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons.
7. OUR PLATFORM IS FOR USERS IN THE UNITED STATES
Our Platform is directed to people residing in the United States. We do not represent that content available on or through our Platform are appropriate for use or available in other locations.
8. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or are provided with, a user identification code or password or any other piece of information as part of our security procedures you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password whether chosen by you or allocated by us at any time if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password you must promptly notify using one of the contact methods found in our About Us or Contact Us page.
9. CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you notice of any material change by sending a notification to you or by notifying you when you next enter the Platform.
If you do not accept the notified changes you may not continue to use the Platform.
10. UPDATE TO THE PORTAL AND CHANGES TO THE SERVICE
From time to time we may automatically update the Platform and change it to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
If you choose not to agree to any such updates or if you opt out of automatic updates you may not be able to continue using the Platform.
11. IF SOMEONE ELSE OWNS THE DEVICE YOU ARE USING
If you use the Platform on any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
12. HOW WE MAY USE YOUR PERSONAL DATA
We will only use your personal data as set out in our Privacy Policy.
13. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the Platform, you agree to us collecting and using technical information about the devices you use and related software, hardware and peripherals to improve our products and to provide the Services to you.
14. WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
We may from time to time make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings on the device. If you leave on the location services you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve the Platform.
15. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The Platform may contain links to other independent websites which are not provided by us. Such independent sites are not under our control and we are not responsible for and have not checked or approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy or enter into any products or services offered by them.
16. LICENSE RESTRICTIONS
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available the Platform in any form, in whole or in part to any person without prior written consent from us;
- not make a copy of the Platform, except as part of the normal use of the Platform or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform nor permit the Platform or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or are supported by the Platform.
17. ACCEPTABLE USE RESTRICTIONS
You must:
- not use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any operating system;
- not infringe our proprietary or intellectual property rights or those of any third party in relation to your use of the Platform;
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;
- not use any information or results provided by the Platform to harass, intimidate, or to impersonate others;
- not use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform.
- not use the Platform for competitive research or analysis of the Platform, or the development of a competing product or service or in any way that would be a commercial disadvantage to us.
18. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Platform throughout the world belong to us or our licensors and the rights in the Platform are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform other than the right to use them in accordance with these terms.
You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
You must not use any part of the content on our Platform for commercial purposes (other than as permitted via a services agreement) without obtaining a license or other consent to do so from us.
If you print off, copy or download any part of our Platform in breach of these terms of use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The trademarks expressly listed as such in this Web site and all other marks on the Web site are trademarks of Kroll and/or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these marks in any way without Kroll's prior written permission. The use of Kroll's trademarks on any other Web site without Kroll's prior written permission is prohibited.
19. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We exclude all liability to the maximum extent allowed by law.
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
We are not liable for business losses.
The Platform is for domestic and private and internal use. If you use the Platform for any commercial, business or resale purposes we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We take no responsibility for your use of the Platform that results in you breaching the terms and conditions of any other party.
Limitations to the Platform
The Platform is provided for general information only. It does not offer any advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Platform. Although we make reasonable efforts to update the information provided by the Platform, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Check that the Platform is suitable for you.
The Platform has not been developed to meet your individual requirements. Please check that the facilities and functions of the Platform meet your requirements.
We are not responsible for events outside our control.
If our provision of the Platform is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay so far as we are able to do so. Provided we do this we will not be liable for delays caused by the event or any third party network provider or otherwise.
20.WE MAY END YOUR RIGHTS TO USE THE PLATFORM IF YOU BREACH THESE TERMS
We may end your rights to use the Platform at any time by contacting you if you have breached these terms. This may also impact on the Service you have already entered with us and we may seek to terminate the Service as a result of your breach of these terms. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Platform or any part of it:
- You must stop all activities authorized by these terms including your use of the Platform;
- You must delete the Platform from all devices in your possession and confirm to us that you have done this.
- We may remotely block or remove your access to the Platform and cease providing you with the Services.
21. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organization. If this happens we will take reasonable measures to ensure that the transfer will not affect your rights under the contract.
22. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
23. NO RIGHTS FOR THIRD PARTIES
These terms of use do not give rise to any rights for third parties or other third party beneficiaries.
24. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
26. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by New York State law and legal proceedings are to be brought in New York state courts.
27. ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint we can appoint an alternative dispute resolution provider. Please contact us to find out more.