These are the terms and
conditions for the use of information and data provided by Cortera
(collectively, the “Service”). These terms and conditions are
provided as part of the customer agreement for users of this Service.
Please read the following
information carefully before using this web site. By using this web site you
agree to these terms and conditions. If you do not agree to these terms and
conditions, please do not use this web site.
The terms and conditions
herein apply to Cortera, Inc. its parent companies, subsidiaries, affiliates,
divisions, contractors, and all data sources and suppliers all of which are
referred to herein as Cortera. These terms and conditions are in addition to,
and do not override, those found in any agreement between customer and Cortera.
A. Restrictions on Use. In
consideration for Customer's right to receive and use certain data, products
and services (collectively, the "Services") from Cortera through this
website, Customer agrees to the following Cortera Terms & Conditions for
the Services, wherein the Services:
1) will be used solely in
connection with a present or prospective credit or financial transaction with
the business entity inquired upon, or for other legitimate commercial purposes,
for internal use only and will not be resold;
2) will
not be used as a factor in establishing an individual's eligibility for credit
or insurance to be used primarily for personal, family or household purposes,
or employment purposes;
3) will be used in compliance
with all applicable laws, regulations and ordinances, and all special use
restrictions set forth in the Agreement or hereafter adopted by Cortera;
4) will
be maintained in confidence and disclosed only to persons whose duties
reasonably relate to the business purposes for which the information was
requested; and
5) Customer acknowledges that
the Services it receives from Cortera under this Agreement include non-public
information about businesses and, as such, customer agrees that it will
maintain the Cortera Services information in strict confidence and will not
disclose such information other than to its employees who have a need to know,
or pursuant to legal requirements.
B. Warranty Disclaimer and Limitation
of Liability. Customer further acknowledges and agrees that the data and
services:
1) ARE NOT GUARANTEED, ARE
PROVIDED 'AS IS', AND THAT NEITHER ECREDIT, NOR ITS SOURCES WILL BE LIABLE TO
THE CUSTOMER FOR ANY LOSS OR DAMAGE BASED ON ANY ERRORS OR OMISSIONS THEREFROM;
and
2) are
subject to the following exclusion of warranty. NEITHER ECREDIT NOR ITS SOURCES
GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, DATA OR THE
MEDIA ON WHICH THE DATA IS PROVIDED AND SHALL NOT BE LIABLE TO CUSTOMER FOR ANY
LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY ECREDIT'S OR ITS
SOURCES' ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING,
COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE
DATA OR SERVICES. IN NO EVENT SHALL ECREDIT OR ITS SOURCES BE LIABLE TO
CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR
SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION,
LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT, AND HOWEVER CAUSED,
EVEN IF ECREDIT OR ITS SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH STATES ECREDIT'S AND ITS SOURCES' ENTIRE LIABILITY
AND THE SOLE REMEDY OF CUSTOMER IN CONNECTION WITH THE PROVISION OF THE DATA
AND SERVICES.
IF, NOTWITHSTANDING THE PRIOR
PARAGRAPH, LIABILITY CAN BE IMPOSED ON, ECREDIT OR ITS SOURCES, THEN CUSTOMER
AGREES THAT THE AGGREGATE LIABILITY FOR ANY OR ALL LOSSES OR INJURIES TO
CUSTOMER CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THE AGREEMENT,
REGARDLESS OF THE CAUSE OR THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND
REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN
VIOLATED, SHALL NEVER EXCEED THE AMOUNT PAID TO ECREDIT BY ANY PERSON OR ENTITY
FOR THE AFFECTED SERVICES AND CUSTOMER COVENANTS AND PROMISES THAT IT WILL NOT
SUE ECREDIT OR ITS SOURCES FOR AN AMOUNT GREATER THAN SUCH SUM AND THAT IT WILL
NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST ECREDIT OR ITS SOURCES.
C. Use Of
The Service
The information, products,
and services available on this web site may include technical inaccuracies or
typographical errors. Cortera has the right to change,
modify or add to the terms and conditions governing this web site or any part
thereof, the information, products or services offered through this web site.
Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by any means including
posting on this web site or by other electronic or conventional means. You
agree to review this page periodically to be aware of such changes,
modifications, additions or deletions. Your continued use of the Service after
such notice has been given shall be deemed to constitute your acceptance of the
changes, modifications, additions or deletions. If any information you provide
is untrue, inaccurate or not current, or if Cortera has reasonable grounds to
suspect that such information is untrue, inaccurate or not current, Cortera, at
its sole discretion, has the right to suspend or terminate your use of any
product and refuse all current or future access to the Content and use of the
products or suspend or terminate any portion thereof. Further, you agree that
Cortera will not be liable to you or any third party if Cortera suspends or
terminates your access to the content or products for any reason.
For purposes of convenience,
the Service may contain links to third party Web sites. Moody's Analytics
makes no representations or warranties about any third party Web site that you
may access through the links. By providing a link to those Web sites, Cortera
does not endorse, adopt, or otherwise accept any responsibility for the content
or use of those Web sites.