Earlier versions of Exigis legal documents are kept here for reference. They are no longer in effect. The current versions are available on the Legal page.
| Document | Version | Effective | Replaced by |
|---|---|---|---|
| Complianz End User License Agreement | 2.1 | September 23, 2016 | RiskWorks End User License Agreement, Version 3.0 |
| Privacy Policy | — | July 1, 2016 | Privacy Policy, updated October 29, 2026 |
Complianz End User License Agreement – Version 2.1 (superseded)
Exigis® Complianz™ End User License Agreement
Terms of Service
Version 2.1, updated on: 23 September 2016.
IMPORTANT – READ CAREFULLY:
By completing the electronic acceptance process and clicking on the ‘Agree’ button (“Registration Process”), you warrant that you: (i) are an Authorized User as defined below; and (ii) have read, understand and agree on to be bound by the terms and conditions of this End User License Agreement (“Agreement”). If you do not agree with the terms and conditions of this Agreement, you must click on the ‘Decline’ button; thereby discontinuing the Registration Process.
This Agreement is a legal and binding instrument by and between you (the “Authorized User”) and Exigis, LLC. (“Exigis”) effective as of the date you clicked on the ‘Agree’ button and electronically accepted the terms and conditions of this Agreement (the “Effective Date”).
1 DEFINITIONS.
As used in this Agreement, the following defined terms shall apply:
1.1 Complianz means the proprietary online Exigis Complianz system (“Complianz”) including all related software application modules, technology and services.
1.2 Authorized User(s) (“User”) means those individuals who have received a unique and non-transferable identifier (Named User ID as defined below) granting them limited non-transferable license to access and use Complianz in accordance with this Agreement. Users are prohibited from assigning their rights or delegating their duties under this Agreement without the prior written consent of Exigis.
1.2.1 Named User ID (“User ID”) means the unique username and password generated by Complianz and assigned to each User granting said User limited non-transferable access to Complianz. Users are prohibited from sharing or assigning their User ID with any other individuals or parties.
1.3 Registration Data (“Registration Data”) means information and/or documentation submitted by User or collected by Complianz during the Registration Process and/or any subsequent submissions/updates including but not limited to: (i) User name; (ii) User telephone number; (iii) User fax number; (iv) User email address; (v) mailing address; (vi) Social Security Number; (vii) IP Address; (viii) employer company name; (ix) employer mailing address; (x) Employer Identification Number; (xi) insurance broker(s) or agent(s) name; (xii) insurance broker(s) or agent(s) mailing address; (xiii) insurance broker(s) or agent(s) telephone number; (xiv) insurance broker(s) or agent(s) fax number; (xv) insurance broker(s) or agent(s) email address; (xvi) information and values relating to corporate and/or personal insurance policies and programs; and/or (xvii) contract documents such as certificates of insurance, endorsements, memorandums of insurance, automobile identification cards, etc.
1.4 My Account (“Account”) means the User specific profile page stored in Complianz and containing Registration Data and other information related to a User Account. User may access the ‘My Account’ page as needed to update Registration Data and other Account related information and/or documents.
1.5 Confidential Information means any non-public information and/or materials provided by a party under this Agreement to the other party and reasonably understood to be confidential.
1.6 Privacy Policy means the Complianz Privacy Policy which can be viewed by clicking on the ‘Privacy Policy’ hypertext link located on the Complianz login page.
2 REGISTRATION.
To access Complianz, User must first accept the terms and conditions of this Agreement and submit the requested information and/or documents necessary to successfully complete the Registration Process. Exigis may reject registration by a potential user in its sole discretion and is not obligated to provide a reason for its rejection.
2.1 Registration Data. All Registration Data provided by User must be current, complete and accurate, and User is solely responsible for updating such Registration Data as necessary. Exigis reserves the right to terminate this Agreement immediately in the event any Registration Data is found to be inaccurate, incomplete and/or not current at any time.
2.2 Account Password/Security. As part of the Registration Process, User will be assigned a User ID. User is entirely responsible for maintaining the confidentiality of their User ID, and User is solely responsible and liable for any and all activities that occur under their Account. User agrees to notify Exigis immediately of any actual or suspected unauthorized use of their Account or any other breach of security. Exigis shall not be liable for any loss that User may incur or cause, either directly or indirectly, as a result of a third party using their User ID, either with or without its knowledge. User may be held liable for losses incurred by Exigis and/or another party due to a third party using User’s User ID.
2.3 Title. By accepting this Agreement User grants to Exigis, and its affiliates or representatives the unconditional perpetual right to use or license any and all information provided by User or collected by Complianz, including without limitation, Registration Data, at its sole discretion subject to the provisions set forth in the current Privacy Policy.
3 USER RIGHTS AND RESTRICTIONS.
3.1 Access and Use. User may access and use Complianz pursuant to and in accordance with the provisions of this Agreement and any future revisions or updates thereto.
3.2 Reverse Engineering. User may not modify, distribute, prepare derivative works of, create screen captures or print-page copies, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher, copy, replicate, imitate or reproduce any code used in connection with Complianz or related software application modules or any other aspects of Exigis technology.
3.3 Abuse. User shall not access and/or engage in any use of Complianz: (i) in a manner that abuses or materially disrupts the networks, security systems, services and/or other software or websites of Exigis; and/or (ii) to communicate any message or material that is deemed harassing, threatening, indecent, obscene, slanderous, or otherwise unlawful.
3.4 No Representation by User. User shall not make any representations with respect to Exigis, Complianz or this Agreement.
3.5 Limited Grant of Rights. No other rights are granted hereunder to User except as expressly set forth in this Agreement.
4 TERM AND TERMINATION.
4.1 Term. This Agreement shall commence on the Effective Date and continue until otherwise terminated.
4.2 Termination for Cause. Exigis reserves the right to terminate this Agreement immediately if User breaches any material obligations under this Agreement.
4.3 Effect of Termination. Upon termination of this Agreement, User will immediately discontinue all access to and use of Complianz and cease to represent in any form that they are a User of Complianz.
5 CONFIDENTIAL INFORMATION.
User acknowledges that Complianz and all related software application modules, technology and services constitutes Intellectual Property and contains confidential and proprietary information and subject matter of Exigis (“Confidential Information”). User agrees not to: (i) directly or indirectly, without prior express written consent of Exigis, use or disclose Confidential Information for any purpose other than as expressly permitted under this Agreement; (ii) divulge, discuss, provide, transmit, copy, make available or otherwise communicate Confidential Information to any persons, entities or third parties; or (iii) permit any persons, entities or third parties to use such Confidential Information. User agrees to protect Confidential Information with the same degree of care a prudent owner exercises to protect its own confidential information.
For the purposes of this Agreement, a User’s assigned User ID shall be considered Confidential Information and Users are prohibited from disclosing, sharing, transferring, and/or assigning their User ID to any other persons, entities or third parties without the prior written consent of Exigis.
6 DISCLAIMER OF WARRANTIES.
Each party hereby warrants to the other party that it has all necessary authority to enter into and perform its obligations under this Agreement without the consent of any third party or breach of any contract or agreement with any third party.
USER HEREBY ACKNOWLEDGES AND AGREES THAT COMPLIANZ IS PROVIDED BY EXIGIS ON AN “AS IS” BASIS, AND USER’S ACCESS TO AND/OR USE OF COMPLIANZ AND/OR RELATED SERVICES IS AT THEIR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXIGIS EXPRESSLY DISCLAIMS AND USER RECEIVES NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXIGIS MAKES NO WARRANTY THAT COMPLIANZ AND/OR ANY RELATED SERVICES WILL MEET THE REQUIREMENTS OF USER OR BE UNINTERRUPTED, TIMELY OR ERROR-FREE; NOR DOES EXIGIS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF COMPLIANZ OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH COMPLIANZ. USER UNDERSTANDS AND AGREES THAT ANY CONTENT, INFORMATION, MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF COMPLIANZ IS DONE AT THE SOLE RISK OF USER AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE OR LOSS. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM EXIGIS OR THROUGH COMPLIANZ SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7 LIMITATION ON LIABILITY.
IN NO EVENT SHALL EXIGIS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THIS AGREEMENT OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA; (ii) LOSS OF INCOME; (iii) LOSS OF OPPORTUNITY; (iv) LOST PROFITS; AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, AND WHETHER OR NOT EXIGIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXIGIS’ LIABILITY MAXIMUM HEREUNDER IS LIMITED TO $ 25.00.
8 GOVERNING LAW; JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the New York, without giving effect to any choice of law rule. The exclusive jurisdiction and venue for actions related to or arising out of the subject matter hereof shall be the state and federal courts located in New York, New York, and User hereby submits to the personal jurisdiction of and venue in such courts.
9 COPYRIGHT, TRADEMARK AND PROTECTION OF INTELLECTUAL PROPERTY.
Exclusive trademarks of Exigis include but are not limited to: “Exigis”, “Complianz”, “RiskWorks”, “Risk Management Operating System”, “RMOS”, “rm.Compliance”, and “rm.Reports”. Complianz and all related software application modules, technology and services are protected by trade dress and other laws and may not be copied or imitated in whole or in part without the express prior written permission of Exigis.
Title, ownership and intellectual property rights in Complianz and all related software application modules, technology and services are protected by the intellectual property or copyright laws of the United States and international copyright treaties and shall at all times, and throughout the world, remain the property of Exigis. Exigis reserves the exclusive copyright and all other rights, title and interest to Complianz and all related software application modules, technology and services. By accepting this Agreement, User hereby assigns to Exigis all copyrights and other proprietary rights in and to any derivative work that you create in violation of this Agreement. Exigis holds Complianz and all related software application modules, technology and services used in, or in connection with, this Agreement as trade secrets, and expects User maintain any information learned about Complianz as a trade secret and not disclose such information or permit such information to be disclosed to any other persons or entities.
This Section 9 shall survive any termination of this Agreement. Other sections may also survive.
10 NOTICE.
Exigis may provide Users with notice via email, regular mail and/or postings on Complianz.
Notices to Exigis should be sent to: (if via email): support@riskworks.zendesk.com, (if via U.S. Mail or by delivery): Exigis, LLC., Attn: Corporate Security, 589 8th Avenue, Floor 8, New York, NY 10018.
11 ADDITIONAL TERMS.
11.1 Relationship of the Parties. User and Exigis are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
11.2 Assignment. User may not assign their rights (including User ID) or delegate duties under this Agreement to any other persons or entities either in whole or in part, and any such attempted assignment or delegation shall constitute a material breach of this Agreement.
11.3 Force Majeure. Neither party will be responsible for any delay, interruption or other failure to perform under this Agreement due to ‘acts of god’ beyond its reasonable control, but only for so long as such conditions persist.
11.4 Compliance with Laws. User agrees to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable export and import laws and regulations, in connection with their access and use of Complianz under this Agreement. Exigis reserves the right to modify Complianz for any reason, without notice and without liability to User. Notwithstanding any other provision in this Agreement, Exigis shall have the right to terminate this Agreement immediately upon the determination by Exigis that User is not in compliance with laws or regulations or violates any government privacy and/or data protection laws.
11.5 No Waiver. The failure of Exigis in any one or more instance(s) to insist upon strict performance of any of the terms of this Agreement will not be construed as a waiver or relinquishment of its right to assert or rely upon any such term(s) on any future occasion(s).
11.6 Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and in effect and the parties agree to comply with the remaining terms of this Agreement in a manner consistent with the original intent of the Agreement.
11.7 Captions and Headings. Captions and headings are used herein for convenience only, are not a part of this Agreement, and shall not be used in interpreting or construing this Agreement.
11.8 Controlling Language. The English language version of this Agreement shall be the controlling version and is incorporated by reference into any translation of this Agreement. Any translation or other language version of this Agreement shall be provided for informational purposes only. Only the most current English version of this Agreement is binding. In the event of inconsistency or discrepancy between the English version and any translation or other language version of this Agreement, the English-language version shall prevail.
11.9 References. Pronouns contained in this Agreement shall apply equally to the feminine, neuter and masculine genders. The singular shall include the plural, and the plural shall include the singular.
Version 2.1, updated on: 23 September 2016.
Privacy Policy – July 1, 2016 version (superseded)
Exigis is firmly committed to the privacy of our customers, business partners, employees and job applicants, and other visitors to our website who may choose to provide personal information. This Privacy Statement will assist you to understand our information gathering and dissemination practices.
Personal InformationPersonal Information is information that identifies or can identify a specific individual. Exigis may collect information about individuals such as their name, address, telephone number or e-mail address. Exigis may collect certain personal information from customers, business partners, employees and candidates for employment. Exigis does not collect personal information when you visit this website unless you choose to provide it to Exigis.
Exigis will use personal information to provide customers and business partners with information and services and to help us better understand your needs and interests. Specifically, we use your information to help you complete a transaction or order, to communicate with you, to deliver services to you, to bill you for services, and to provide ongoing service and support. Occasionally we may use your information to contact you by electronic or other means to complete surveys that we use for marketing and quality assurance purposes or to tell you about services of Exigis.
Exigis may share the personal information that you have submitted to Exigis with third parties in responding to your requests for services. We employ the services of a third party agent in hosting our chat feature. This third party is not authorized to utilize your personal information for any other purposes beyond facilitating your service request on our behalf.
Should we undergo any sort of corporate reorganization in the future, such as the sale, merger or acquisition of some or all of our assets, your personal information could be a likely part of the transferred assets to ensure continuity and the integrity of the Service. In such an event, we shall post a prominent notice on the Sites, or send an email to notify you of the change and any material changes in the information practices governing your personal information henceforth.
Exigis reserves the right to disclose information to our service providers. We may also be legally obligated to disclose information to other third parties, law enforcement or government agencies under certain circumstances. Namely, where a formal request has been made such as in response to a court order, subpoena, or judicial proceeding, as well as where we deem necessary so as to protect the safety of our users’ and, or staff or the safety of our intellectual property.
Unless permitted by relevant laws, or you have agreed to this, Exigis does not use your personal information for a purpose other than as provided in this Privacy Statement or that identified at the time such information is collected, received or stored. Where appropriate under applicable laws, you will be given a more detailed explanation of these data uses at the relevant time.
Personal information given to Exigis may be transferred within Exigis or to its appointed business partners or service providers across state and country borders for efficient data consolidation, storage and simplified information management in accordance with applicable law. We will place appropriate restrictions on the recipients and require them to adequately protect the information according to relevant laws.
Sharing of InformationUnless permitted by relevant laws, or you have agreed to this, Exigis will not share personal information you provided to Exigis with any other third parties without your permission, or sell, trade or lease your personal information to others, except as provided in this Privacy Statement.
ConsentExigis does not require that customers, business partners or non-employee visitors to the Exigis website provide Exigis with personal information. The decision to provide personal information is voluntary. If you do not wish to provide the personal information requested, however, you may not be able to proceed with the activity or receive the benefit for which the personal information is being requested. To exercise any opt out rights under applicable laws, please notify Exigis at info@exigis.com or 589 8th Avenue, Floor 8, New York, NY 10018. It may take a reasonable period of time to process your request.
Sensitive InformationExcept as provided below, Exigis does not request or receive sensitive information from visitors to our website.
Security of InformationExigis is committed to taking reasonable efforts to secure the personal data you choose to provide us. To protect the privacy of any personal information you may have provided, Exigis employs industry-standard controls including physical and logical access controls, Internet firewalls, intrusion detection, anti-virus protection, and network monitoring, and, where appropriate, Secure Socket Layer (SSL) or similarly encrypted browsers. In addition, access to sensitive information as defined in this Privacy Statement is limited to those individuals and agents having a need to know.
Logging and CookiesExigis collects and/or logs Internet Protocol addresses, Internet domain names, the web browser and operating system used to access the Exigis website, the files visited, the time spent in each file, and the time and date of each visit. You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. The information we collect and analyze is used to improve our service to you and personalize your web-browsing experience. A cookie is a small text file sent by a browser to a hard drive to keep track of information about your browsing.
Exigis uses the services of a third party vendor to help us measure the effectiveness of our advertising and how visitors use the Exigis website. To do this, we may use web beacons and cookies provided by this vendor on this site. The type of information we collect includes the pages visited, navigation patterns, etc. This information helps us learn things such as what product information is of most interest to our customers, and what kinds of offers our customers like to see.
Links to Third Party WebsitesThe Exigis website may provide links to third party websites for your convenience and information. If you access those links, you will leave the Exigis website. Exigis does not control those sites or their privacy practices, which may differ from the policies of Exigis. We do not endorse or make any representations about third party websites. The personal data you choose to give to unrelated third parties is not covered by the Exigis Privacy Statement. We encourage you to review the privacy policy of any company before submitting your personal information.
Contact InformationIf you have any questions or comments regarding this Privacy Statement or believe that the privacy of your personal information has not been respected, you may make a written submission to Exigis at info@exigis.com or 589 8th Avenue, Floor 8, New York, NY 10018.
Changes to this StatementExigis reserves the right to modify or update our Privacy Policy at any time without notice, so we encourage you to review this policy from time to time. Should we make a material change to the manner in which we use your collected information, we shall notify you by a prominent notice on the Sites, or by email.
[This Privacy Statement was last modified on: July 01, 2016.]