Version Date: January 1, 2018
Please read the following information before using this Website. By using this Website, or by clicking to agree to these Terms and Conditions when that option is made available, You, also referred to as "Customer", agree to these terms and conditions. If You do not agree to these terms and conditions, please do not access or use this Website.
The terms and conditions herein apply to Business Credit Reports, Inc., its affiliates, employees, officers, directors, contractors, vendors, including but not limited to Business Credit Reports, Inc., and all vendors, data sources and suppliers all of which are referred to herein as "BCR". The terms and conditions are in addition to, and do not override specific terms and conditions for products or services offered by BCR through this Website or otherwise.
A. Restrictions on Use. In consideration for Customer's right to receive and use data, reports and services (collectively, "Services") from BCR through this Website, Customer agrees that the Services:
- will be used solely to review your own business credit report or in connection with a present or prospective credit or financial transaction with another business entity inquired upon, or for other legitimate commercial purpose.
- 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 BCR.
B. Warranty Disclaimer and Limitation of Liability. Customer further acknowledges and agrees that the Services are subject to the following:
- ARE NOT GUARANTEED, ARE PROVIDED 'AS IS', AND THAT NEITHER BCR NOR ITS SOURCES WILL BE LIABLE TO CUSTOMER FOR ANY LOSS OR DAMAGE BASED ON ANY ERRORS OR OMISSIONS THEREFROM. The information, products and services available on this Website may include technical inaccuracies or typographical errors.
- NEITHER BCR NOR ITS SOURCES GUARANTEE OR WARRANT THE DATA FOR COMPLETENESS, ACCURACY OR CURRENT AND SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY BCR'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 BCR 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 BCR OR THEIR SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS. FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.
IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, LIABILITY CAN BE IMPOSED ON, BCR 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 BCR BY ANY PERSON OR ENTITY FOR THE AFFECTED SERVICES AND CUSTOMER COVENANTS AND PROMISES THAT IT WILL NOT SUE BCR OR ITS SOURCES FOR AN AMOUNT GREATER THAN SUCH SUM AND THAT IT WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST BCR OR ITS SOURCES. THIS SUBSECTION STATES BCR'S AND ITS SOURCES' ENTIRE LIABILITY AND THE SOLE REMEDY OF CUSTOMER IN CONNECTION WITH THE PROVISION OF THE SERVICES EXCEPT AS OTHERWISE REQUIRED BY LAW.
D. Emails from BCR. BCR will send emails to the email address You provide regarding notices, alerts, price changes, product updates, renewal notices or other matters specifically relating to the Services ("Email Notices"). You agree to provide BCR with your current email address for purposes of receiving product alerts and other notices.
E. Account Set-Up, Accuracy, and Access To User's Account. You represent and warrant that You are 18 years of age or more at the time You create an account with us, and are fully able and competent to agree to the terms and conditions set forth herein. If any information You provide is untrue, inaccurate or not current, or if BCR has reasonable grounds to suspect that such information is untrue, inaccurate or not current, BCR, 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 Services or suspend or terminate any portion thereof. Further, You agree that BCR will not be liable to You or any third party if BCR suspends or terminates your access to the content or products for any reason. Some Services may require separate registration and logins. User is responsible for providing all information necessary for such registrations, for protecting the confidentiality of User's identification and/or passwords for accessing any of the Services, and is responsible for all use of User's accounts whether expressly authorized by User or not.
F. Right to Modify Service. BCR may at any time, without notice or liability, add a Service, change or eliminate any Service or any content or feature of the Services, or restrict the use of any portion of the Services. Customer's only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Services.
BCR reserves the right to disclose your information (i) if required to do so by law or legal process; or if necessary or appropriate to protect or defend the rights or property of BCR. Without limiting the foregoing, BCR has the right to fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity or other information of anyone using this Website. YOU WAIVE AND HOLD HARMLESS BCR FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BCR DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BCR OR LAW ENFORCEMENT AUTHORITIES.
H. Links to other websites. For purposes of convenience, BCR's site contains links to third party Websites. You may use these links to access products and services offered on those Websites. BCR makes no representations or warranties about any third party Website that You may access through the links. By providing a link to those Websites, BCR does not endorse, adopt, or otherwise accept any responsibility for the content, control or, or use of those Websites. Other Websites are governed by their own terms and conditions.
I. Services. The following Services are available through this Website. The Services available may be changed at any time by BCR. See Website for list of currently available products. You agree to pay for the Services that You order from BCR.
- Business Reports
There are no subscription or signup fees for single business report purchases. Report pricing is marked with “order, submit or purchase buttons” that will complete the transaction and obligate You to the respective fees and Customer Terms and Conditions. When You access the Business Report Services You are certifying that You understand and agree to the following:
- You may access the business reports ordered for the life of the account.
- Refunds are not available unless approved by BCR at its sole discretion.
- Indemnification: Customer agrees to indemnify, hold harmless, and defend BCR and its affiliated companies, and their respective predecessors, successors, and assigns, and all of their respective current and former officers, directors, shareholders, agents, and employees, vendors and information providers (the 'Indemnified Parties') from any and all actions, cause of actions, suits, proceedings, claims, and/or demands of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation, reasonable attorneys' fees and costs).
- Monitoring Subscription
Your subscription for Monitoring on any business is effective for the period covered by your subscription plan and continues upon your payment of the respective subscription fee. If You sign-up for multiple Monitoring plans, You will be billed separately for each plan.
J. Additional Terms and Conditions.
Prohibited Uses: Customer agrees that it will not (and will not permit others) to:
- Use 'robots' 'spiders', 'web crawlers' or other automated or robotic devises to scrape, collect or otherwise harvest information of any kind.
- Intentionally or unintentionally violate any applicable local, state, national or international law or requirement of a regulatory authority.
- Perform any action that could result in excessive usage that adversely impacts the performance of the Services for other users.
- Use the Services in any way that violates these Terms.
Sales tax: In certain jurisdictions, sales tax at state and local rates may apply, in which case You may be charged the applicable taxes. We cannot refund your tax on previous purchases. Tax exempt organizations may file for a refund of taxes on previous purchases with your state, using a receipt from us to show You have paid tax. We cannot assist You in filing these forms with your state.
Waiver: The failure by BCR to require performance of any provision in the Agreement shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by BCR of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself.
Venue: These BCR Terms and Conditions will be governed by and construed in accordance with the internal substantive laws of the State of Tennessee, USA. The parties agree that the venue for any dispute arising out of the access to, or use by, Customer of any information or data provided by BCR shall be in Sumner County, Tennessee, whether brought in federal or state court.
Trademark: BCR and the BCR Reports and Services referenced in this site are either trademarks, service marks or registered trademarks of Business Credit Reports, Inc. or its affiliates. Other products and company names mentioned herein may be the trademarks of their respective owners. No use of any BCR trademark may be made by You or any third party without express written consent of BCR. Elements of BCR's Website are protected by trade dress, trademark, unfair competition, patent and other laws and may not be copied in whole or in part.
Copyright in the Services and Website: The Services are the intellectual property of BCR. The Services are protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The Services contain copyrighted material, trademarks, databases and other proprietary information of BCR, and others, including, without limitation, BCR's vendors and data licensee's which may include, but shall not be limited to: text, software, photos, video, graphics, images, data, text, graphics, logos, button items, icons, images, data compilations, music and sound (collectively, "Proprietary Material"). Customer agrees not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from BCR. Reproduction of any Proprietary Material or other content, in whole or in part, is prohibited without prior written consent.
Entire Agreement: The Terms and Conditions are effective until terminated by BCR. In the event of termination, Your obligation to pay for the Services You requested, the provisions the Warranty Disclaimer and Limitation of Liability, will survive. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforce-ability of the remaining provisions unless otherwise restricted by law.