Terms of Use

Last Updated: Feb 29, 2024


Summary

Risk Factor™ is a digital product of First Street Technology, Inc. (“First Street”), a Delaware public benefit corporation with a mission to connect climate risk to financial risk. These Terms of Use (“Terms”) explain your legal rights when you use Risk Factor™ and the rules for using Risk Factor™. Please read these Terms and the Risk Factor™ Privacy Policy carefully before using Risk Factor™ and check for future modifications.

1. Acceptance of the Terms of Use

First Street and its Affiliates maintain the website www.riskfactor.com, including all content, functionality and services offered on or through the site (the “Website”). The following terms and conditions (“Terms”) govern your access to and use of the Website, whether as a guest or a registered user. The term “Affiliate” means any company that controls, is controlled by, or is under common control with First Street.

Please read the Terms carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.

Please note that specific webpages (e.g., API) may be subject to additional and separate terms and conditions. We also may use third parties for certain services, including, for example, payment processing, and they may have separate terms that apply.

The Website offers a free and paid service. You can learn more about the various subscription offerings here. If you pay for a subscription or if you are given a promotional code or coupon for a specified subscription, you will also be subject to the Commercial Terms outlined below. If you sign a separate business agreement with Risk Factor,, your subscription will be governed by these Terms and the Commercial Terms, except to the extent such  separate business agreement governing your account provides conflicting terms.

2. Acceptance of Privacy Policy

All information we collect on the Website is subject to our Privacy Policy . By using the Website, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by our Privacy Policy . If you do not want to agree to our Privacy Policy , you must not provide us any personal information.

Our Website is hosted in the United States and our services are provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a user accessing our Website or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy .

3. Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Website if you do not want to agree to the revised Terms.

4. Accessing the Website and Account Security

Information on the Website is provided with the understanding that we are not rendering any professional advice or recommendations to you. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.

We reserve the right to withdraw or make any changes, modifications, additions, deletions, or corrections to the Website, and any service, product or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website. If you allow any persons to access the Website through your internet connection, you must ensure that they are aware of these Terms and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You must provide information that is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with the Privacy Policy .

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.

5. Intellectual Property Rights and Restrictions on Use

The Website and its entire contents, features and functionality, including but not limited to all information, software, text, illustrations, displays, images, trademarks, designs, icons, photographs, video and audio, and the design, selection and arrangement thereof, and any other content or materials that appear on the Website (collectively, the “Content”), are owned by First Street Foundation or its Aaffiliates, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

We reserve all rights in the Content and design, compilation and template of the Website. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to the Website or any Content. Unless you have our written permission, you may not reproduce, use or copy the Website or any Content for any purpose other than for your personal, noncommercial use, which is subject to the following additional conditions: (a) you must keep intact all copyright and other proprietary notices; (b) you cannot make any modifications to any materials; (c) you cannot use the materials in a manner that suggests an association with any of our products, services or brands and (d) you cannot reproduce any materials in bulk. You may not use commercially any information, services, product or items on the Website and you may not cause any of the Content on this Website to be framed or embedded into another website without our written permission. You may not attempt to decompile or reverse engineer any of the software used as part of the Website. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Website or any related software.

6. Trademarks

All First Street™ , Risk Factor™ , Flood Factor®, Fire Factor®, Heat Factor®, Wind Factor™ or Air Factor™ names, logos, product and service names, designs and slogans are trademarks of First Street or its Affiliates or licensors. All other trademarks displayed on the Website or through links to other sites are the property of the respective trademark owners. You may not use such marks, or any confusingly similar trademark, logo or name, without our prior written permission (or permission from such other third-party that may own the trademark).

7. User Content

These Terms apply to each visitor to and user of the Website, including unregistered and registered users (individually “User” and collectively, “Users”). We may not pre-screen content posted on the Website by Users, whether directly contributed by the User or contributed by us or a third party on behalf of the User, including, without limitation, postings, messages, testimonials, text, files, images, photos, forum or blog or any other content provided by a User to this Website (“User Content“), and have no duty to do so. 
All User Content is the sole responsibility of the User who contributed such content, whether such User contributed the content directly or through a third party website. You understand that we do not control, and are not responsible for User Content made available through the Website and specifically disclaim any liability related thereto. All Users represent and warrant that they own or otherwise control and have all legal rights to the content submitted by them and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the User Content.

We further reserve the right to decline to permit the posting on the Website or to remove from the Website, any User Content that violates the Terms, any applicable law or regulation or any guidelines posted on this Website, each as determined in our sole discretion. Finally, we reserve the right (but do not assume the obligation) to edit User Content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.

User Content shall not: (a) infringe anyone’s rights, violate the law or otherwise be inappropriate; (b) include personal information that can be used to identify or contact any person without that person’s explicit consent; (c) include promotional content that would promote other websites, businesses, services or products unaffiliated with the Website without our express permission, including without limitation contests, sweepstakes and other sales promotions, barter or advertising; (d) be unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, or invasive of another’s privacy; (e) be obscene, abusive, discriminatory or illegal content; (f) be false or misleading; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) give the impression that such content emanates from or is endorsed by us or any other person or entity, if that is not the case; (i) contain any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Website or the proper functioning of any software, hardware, equipment or materials used in connection with this Website; or (j) be bulk unsolicited advertising, promotional information, email, or other solicitation, including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort.

Although we do not claim ownership of User Content, you grant First Street and its Affiliates and related entities an irrevocable, perpetual, non-exclusive right to use, copy, perform, display and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub licenses (through multiple tiers) of the foregoing. You also grant us the ability to copyright and protect the User Content, including the images, copy, and content, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us, at our expense and control, to protect such copyrighted material from unauthorized redistribution.

8. Links to Other Sites

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of such third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. If you link to, or are redirected to a linked site, you should read that linked site’s privacy policy before disclosing any personal information.

The Website may provide certain social media features that enable you to link from your own or certain third party websites to certain content on the Website, send e-mails or other communications with certain content, or links to certain content, on the Website, or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. In addition to the limitations on linking set forth below, you may not cause the Website or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.

You may create a link from another site that you own to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You may not establish a link from any website that is not owned by you and you may not link to any part of the Website other than the homepage. Any website on which you create a link must comply in all respects with these Terms. We reserve the right to withdraw linking permission without notice.

We (including our directors, affiliates, officers, employees, agents, contractors, successors and assigns) make no warranty or representation regarding, and do not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.

9. Social Media Websites

If the Website offers a product or service which allows you to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a “Social Media Site”) and you decide to use such a product or service, you acknowledge and agree that: (i) the information or content that are a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”) may be accessed and used by us in connection with the Website; (ii) the Social Media Content will be considered “User Content” under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to User Content under these Terms; (iii) in the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and (iv) the operation of your profile and account with and on the Social Media Site shall continue to be governed by the terms and conditions and privacy policy of such Social Media Site.

10. Geographic Restrictions

The owner of the Website is based in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. Disclaimer of Warranties

We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIRST STREET OR ITS AFFILIATES NOR ANY PERSON ASSOCIATED WITH FIRST STREET OR ITS AFFILIATES MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER FIRST STREET OR ITS AFFILIATES NOR ANYONE ASSOCIATED WITH FIRST STREET OR ITS AFFILIATES REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, SECURE, COMPLETE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS OR ANY PERFORMANCE RESULTS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation on Liability

IN NO EVENT WILL FIRST STREET, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, INCLUDING SOCIAL MEDIA SITES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, (II) THESE TERMS OR ANY BREACH THEREOF BY YOU OR A THIRD PARTY, AND/OR (III) ANY USER CONTENT. THIS DISCLAIMER INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify and hold harmless First Street, its Affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website’s Content, services, products or items other than as expressly authorized in these Terms or your use of any information obtained from the Website.

14. Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States in New York, or the courts of the State of New York, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED IN NEW YORK WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Waiver and Severability

Our waiver of any term or condition set forth in these Terms shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

17. Entire Agreement

These Terms and our Privacy Policy constitute our sole and entire agreement with you with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

18. Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to:Risk Factor, LLC32 Bridge Street, Floor 3Brooklyn, NY 11201support@riskfactor.com

Prior VersionsJune 29, 2020

September 12, 2023

Commercial Terms

a. Payment of Fees; Taxes

When you enter a form of payment, you agree that (i) you will fulfill your obligation to pay the required fee by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) we are authorized to charge you the fee for the subscription you have selected using the established payment method and the information you provide that is stored in your account as of the applicable date of payment. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis.

Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your purchase. You can stop using the subscription and/or cancel your subscription at any time via your account settings. If you cancel your subscription you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable.

We reserve the right to change pricing at any time. If you have an active subscription, changes to pricing will not apply until your next renewal.

Our prices do not include any of the third-party fees you incur in connection with using our Website including, without limitation, fees charged by your internet access provider, any wireless carrier charges for cellular or data services and any other third-party applications or services with which you may use the Website; you are responsible for selecting and managing these other services, and paying the fees for such services.

b. Payment Processor

We, in our sole discretion, may enable you to purchase and/or pay for certain subscriptions through an authorized reseller or payment processing firm (including, for example, a telecommunications provider or a mobile app marketplace). Unless otherwise expressly provided in a separate agreement with you, your obligation for payment to, and relationship with such reseller or payment processor is a contractual matter between you and such third-party; we are not a party to, or responsible on account of, such contract. While we select our resellers and payment processors carefully and enter into detailed agreements imposing performance obligations (including confidentiality) on them, we cannot and do not guarantee their performance. If you have any concerns or problems with a reseller or payment processor, please contact us as support@riskfactor.com as promptly as you can.

c. Free Trial, Free Credits, or Promotional Code

We may offer you a free trial, free credits or a promotional code (“Promotion”) to allow you to try a paid feature on the Website. We reserve the right to set eligibility requirements and the duration for Promotions. A Promotion may specify an expiration date, after which such Promotion shall be void. We are under no obligation to accept an expired or otherwise invalid or valid Promotion. Promotions have no cash value and, except where expressly permitted by us, are non-transferrable. We are under no obligation to provide any compensation in connection with a Promotion. In order to use your Promotion, you must have a registered account and use the registration or redemption process, and satisfy any eligibility requirement established by us in connection with the Promotion. At the conclusion of the Promotion, you will be required to pay the then-applicable charges for the service in order to continue using the service.