Terms & Conditions

Please read these Terms and Conditions (“Agreement”) carefully. This agreement affects your legal rights.

Risk Tide Solutions LLC d/b/a Risk Tide Solutions (“Company” or “We”) provides reviews and recommendations of various products and services as well as links to third-party services and products (“Services”) through www.RiskTide.com (“Website”) under these Terms and Conditions.

This Company may receive compensation from affiliated partners. Please refer to section 4 of this Agreement for more information.

This Agreement constitutes a legally binding agreement between each individual who utilizes the Website or any affiliated websites and/or social media belonging to Company (“Consumer”). If you are a Consumer or utilize the Website and any offers and/or services provided through the Website YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY DISCONTINUE PARTICIPATION IN AND USE OF THE SERVICES AND TERMINATE YOUR ACCOUNT IMMEDIATELY.

THE WEBSITE IS INTENDED FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE. ALL USERS WHO ARE MINORS IN THE JURISDICTION IN WHICH THEY RESIDE (GENERALLY UNDER THE AGE OF 18) MUST HAVE THE PERMISSION FROM AND BE DIRECTLY SUPERVISED BY, THEIR PARENT OR GUARDIAN TO USE THE WEBSITE. IF YOU ARE A MINOR, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THESE TERMS OF USE PRIOR TO YOU USING THE WEBSITE.

BY CONTINUING USE OF THE WEBSITE YOU HEREBY AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTIONS 6-7 BELOW, TO RESOLVE ANY DISPUTES WITH THE COMPANY.

1. CHANGES TO THE TERMS AND CONDITIONS

1.1 Company may at its discretion modify, update, add to, discontinue, remove or otherwise change the terms of this Agreement at any time. Each such modification will take immediate effect. Company may provide you with notices, including those regarding changes to these terms, by website, email, regular mail, text message, in-app messaging, or other reasonable means now known or hereinafter developed.

1.2 Your continued use of the Website and its Services following any such notifications constitutes your acceptance of any and all modifications and your agreement to continue to be bound by the terms and conditions of this Agreement. If you do not agree to any modification of these terms and conditions in this Agreement, your sole remedy is to cease use of the Website. The most current version of these terms and conditions within this Agreement will be available on our Website and supersedes any and all previous versions.

2. USER REPRESENTATIONS

2.1 By using the Website you expressly represent and warrant that you have the legal capacity to comply with the terms stated herein and you expressly agree to the terms of this Agreement;

2.2 By using the Website you expressly agree that you are above the age of 13 and not a minor within the jurisdiction in which you reside or you are utilizing the Website with the requisite parental permission;

2.3 You represent that you are not accessing the Website utilizing any automated or non-human means, including bots, scripts or otherwise;

2.4 You will not use the Website for any illegal or unauthorized purpose;

2.5 You agree not to utilize the Website to violate any applicable law, regulation, or ordinance. THIS WEBSITE MAY NOT BE USED OR ACCESSED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH THE WEBSITE WAS CREATED.

3.USER GENERATED CONTRIBUTIONS

3.1 During your use of the Website and its Services you may be invited to contribute and or participate with the Website or other users and/or provide user-generated content, (“Contributions”). Such Contributions may be viewable and/or accessible by other users of the Website and/or third-party websites therefore any Content you contribute will be considered non-confidential and non-proprietary.

3.2 When creating or providing Contributions to the Website, you expressly represent and warrant:

3.2(a) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

3.2(b)  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Company, the Website, and other users of the Website to use your Contributions in any manner contemplated by the Website and the terms of this Agreement.

3.2(c)  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website and the terms of this Agreement.

3.2(d) Your Contributions are not false, inaccurate, or misleading.

3.2(e) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

3.2(f) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Company).

3.2(g)  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

3.2(h) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

3.2(i) Your Contributions do not violate any applicable law, regulation, or rule.

3.2(j) Your Contributions do not violate the privacy or publicity rights of any third party.

3.2(k) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

3.2(l) Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

3.2(m) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

3.2(n) Your Contributions do not otherwise violate, or link to material that violates, any provision of these terms within this Agreement, or any applicable law or regulation.

Any violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights and ability to utilize the Website.

4. THIRD-PARTY WEBSITES AND CONTENT

4.1 The Website may contain (or you may be sent via links contained in the Website) to other websites, (“Third-Party Websites”) and may be exposed to articles, videos, photographs, text, graphics, pictures, applications, information, or other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Content and Third-Party Websites are not monitored by or in any way affiliated with Company and as such Company is not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on or available through the Website.

4.2 If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware this Agreement and any of its terms, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website to which you navigate from the Website or relating to any applications you use or install from the Website. 

4.3 A product purchased from any Third-Party Website is governed by and subject to the applicable Third-Party Website policies, including applicable exchange and shipping policies. You agree that Company is not an agent of any Third-Party Website and that the Third-Party Website operates independently and are not under Company’s control. Accordingly, your participation in offers or promotions of, or correspondence with, any Third-Party Website is solely between you and that Third-Party Website. Company does not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.

4.4 You expressly agree and acknowledge that Company does not endorse the products or services offered by or through Third-Party Websites and you shall indemnify and hold Company harmless from any harm caused by your purchase of such products or services. Additionally, you shall indemnify and hold Company harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

5. INTELLECTUAL PROPERTY

5.1 All right, title and interest in any of the original content created by Company, including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website, belong to Company or its licensors. Additionally, Company shall maintain all right, title and interest in the “Risk Tide Solutions”, logo and any other marks, service marks, trademarks or logos of Company and its affiliates (“Company Marks”). The Company Marks may not be used in connection with any product or service that is not Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company or implies a partnership, sponsorship, or endorsement by Company. You shall not by any means bid on any keywords with any search engine containing Company Marks or anything substantially similar to any of Company’s Marks. You shall not mention or use Company in any ad text, extensions or banner ads without the express written consent of Company. All other trademarks not owned by Company that are used on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Company.

5.2 The Content and the Trademarks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in this Agreement, no part of the Website and nothing contained within may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

6. INFORMAL DISPUTE RESOLUTION

6.1 Before filing a claim against Company, You agree to try to resolve the dispute informally by submitting your request directly to Company by e-mailing Legal@RiskTide.com and include your name, date of issue, contact information and provide the issue with specific detail. We will try to resolve the dispute informally by contacting you in writing via email or your preferred contact method as stated in your outreach. If a dispute is not resolved within 90 days of submission via email; you or Company may bring a formal proceeding per the terms of section 7 of this Agreement.

7. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER

7.1 If the information dispute resolution discussed in Section 6.1 fails, then you and Company agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, Company’s business, any and all use of this Website, any of the Services provided by Company, and relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against Company’s employees, agents or any subsidiaries of Company. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.

7.2 All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.

7.3 CLASS ACTION WAIVER: YOU AND COMPANY ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor Company can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the Company further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.

7.4 To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS' Streamlined Arbitration Rules and Procedures (“Rules”). The Rules are available online at www.jamsadr.com. The arbitrator is bound by the terms of this Agreement. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in St. Johns County, Florida.

7.5 Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

8. INDEMNIFICATION

8.1 You agree to indemnify Company, as well as our respective officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

9. WARRANTY DISCLAIMER

9.1 THE PROGRAM, CONTENT AND THE COMPANY PROPERTIES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAMS, CONTENT OR THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAMS.

10. LIMITATION OF LIABILITY

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.

11. TERMINATION OR SUSPENSION

11.1 This Agreement is effective when accepted by you and will remain in effect until you or we terminate your Account. You may terminate your Account by accessing your Account’s Privacy Preferences. We may terminate this Agreement, your Account, and your use of or access to the Program at any time, for any reason or no reason, including if your Account remains inactive per Section 12.2. Any violation of this Agreement or the rules and conditions of the Program may result in the termination of your Account and forfeiture of pending or prior Cash Back and other rewards. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of any Company Property. You agree that Company will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the Company Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program by terminating your Account by accessing your Account’s Privacy Preferences. Upon any termination of the Program, your right to use and access the Program, and the Company Properties, and to receive Cash Back and other rewards, will terminate. Termination will not prejudice either you or our remedies at law or in equity.

12. GENERAL PROVISIONS

12.1 Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Company and govern your use of the Program or Company Properties superseding any prior agreements between you and Company with respect to the Program or Company Properties (including, without limitation, earlier versions of this Agreement that may have been accepted by you). Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward Company unless expressly confirmed in writing by Company to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, Company affiliate services, third party content or third party software.

12.2 Choice of Law and Venue. The validity, construction and interpretation of this Agreement and the relationship between You and Company, including the rights and duties of the parties, will be governed by the laws of the State of Florida in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in San Francisco County, California.

12.3 Interpretation. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

12.4 Waiver and Severability of Terms. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.

12.5 Assignment. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Company has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.

13. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

13.1 Company respects the intellectual property rights of others. Per the DMCA, Company and/or its agents will respond expeditiously to claims of copyright infringement on the Website if submitted to Company’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

If you believe that your intellectual property rights have been violated by Company or by a third party who has uploaded materials to our Website, please provide the following information to the designated Copyright Agent listed below:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website;
• An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Company, can contact you;
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
• Your electronic or physical signature.
  
  

Company may request additional information before removing any allegedly infringing material. In the event Company removes the allegedly infringing materials, Company will immediately notify the person responsible for posting such materials that Company removed or disabled access to the materials. Company may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). Risk Tide Solutions d/b/a Risk Tide Solutions’s designated Copyright Agent is:

Risk Tide Solutions LLC

Legal@RiskTide.com

3101 Sawgrass Village Circle

Ponte Vedra Beach, FL 32082