Version Date: January 23, 2019
WEBSITE USE AGREEMENT OF BUSINESS CREDIT REPORTS
This Website Use Agreement of Business Credit Reports, Inc., ("Agreement") governs the use of information and data provided by Business Credit Reports, Inc., ("BCR") for users of this Website (the "Website"). The following terms and conditions govern your access to and use of the BCR’s Website, including any privacy policies, content, functionality and services offered on or through the Website whether you are browsing this Website or are a registered customer.
TERMS & CONDITIONS:
Please read the following information carefully before using this Website. By using this Website, or by clicking below (when that option is made available) you expressly agree to the Terms and Conditions contained in this Agreement. You shall be referred to herein as "Customer" or "You". 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 BCR, its affiliates, divisions, employees, officers, directors, contractors, vendors, and all data sources and suppliers all of which are referred collectively herein to as "BCR". The terms and conditions are in addition to, and do not override any other specific terms and conditions for products or services You have used or ordered under any separate written contract with BCR through this Website or otherwise.
A. Restrictions on Use:
In consideration for Customer's right to receive and use reports, data, products and services (collectively the "Services") from BCR through this Website, Customer agrees that the Services:
- ) will be used solely (i) in connection with a present or prospective credit or financial transaction with another business entity inquired upon, (ii) to review your own business credit report or (iii) for other legitimate commercial purposes, and will be used for internal uses only and will not be resold to any third party;
- ) will not be used as a factor in establishing any individual's eligibility for personal credit or insurance or used for personal, family or household purposes, or employment purposes;
- ) will not be shared or disclosed to a third party;
- ) will be used in compliance with all applicable laws, regulations, export restrictions, ordinances, and additional use restrictions set forth in the Agreement or hereafter adopted by BCR and notice provided to You; and
- ) Customer acknowledges that the Services it receives from BCR under this Agreement include non-public information about businesses and, as such, customer agrees that it will maintain the 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 Services are subject to the following:
1) THE SERVICES 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; and
2) The Services are subject to the following exclusions of warranty:
NEITHER BCR NOR ITS SOURCES GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR DATA AND SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS OR INJURY 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.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BCR, OR ITS VENDORS, AGENTS, EMPLOYEES OR THIRD PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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.
BCR has the right to change, modify or add to the terms and conditions governing this Website or any part thereof, the information, products or services offered through this Website. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including posting a notice of the updated Terms and Conditions on this Website 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 Website after such notice has been given shall be deemed to constitute your acceptance of the changes, modifications, additions or deletions.
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 Email Notices. BCR may send you additional emails including newsletters and other product offering information. You shall be solely responsible for providing BCR (and keeping current) an email address to receive emails and Email Notices. You may opt-out of receiving these additional emails by following the instructions located in the email.
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.
G. Information Disclosure & Sharing:
BCR will not intentionally disclose or share your information with third parties or use it for any other purpose except as required for: collection purposes for accounts in collection status; in connection with an audit of our systems; pursuant to a legal proceeding such as a subpoena; with affiliates and vendors who help manage and improve the Site and the Services offered; for the purpose of obtaining any Services requested by customer that may require necessary disclosure to an outside third party or vendor; BCR authorized affiliates or vendors; or as otherwise described herein.
When you become a registered user of these Services, you agree to the use of your information as described herein. Once you have registered for this Site we will retain your information indefinitely. You cannot opt-out from BCR disclosing or sharing of your information as otherwise provided for herein. If you need to update your information please contact us at 1-800-748-6290.
H. BCR's Use of Data:
BCR reserves the right to disclose your information (i) if required to do so by law or legal process; or (ii) 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.
I. Links to Other websites:
For purposes of convenience, BCR's site contains links to other third party websites. You may use these links to access products and services offered on those websites. Other websites may have links to BCR’s Website. BCR makes no representations or warranties about any third party website that You may use or access through the links. By enabling a link to or from those websites, BCR does not endorse, adopt, or otherwise accept any responsibility for the content, control or use of those websites. Other websites are governed by their own terms and conditions. We encourage our users to be aware when they leave BCR’s Website they should read the privacy statements of any other website that collects personal or company identifiable information.
The following Services are available through this Website. 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 on the terms provided at the time of order and subject to change upon notice from BCR.1. Business Reports
There are no subscription or separate signup fees for business report purchases. Report pricing is marked with order 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:
Refunds are not available unless approved by BCR at its sole discretion.
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.
K. Additional Terms and Conditions:
1. Prohibited Uses:
Customer agrees that it will not (and will not permit others) to misuse or obtain from BCR’s Website:
- 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 and Conditions.
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.
3. Choice of Law and Venue:
The terms and conditions of this Agreement will be governed by and construed in accordance with the 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.
4. Copyright in the Services and Website:
The Services are the intellectual property of BCR. The Services are protected by copyright pursuant to United States 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.
This Agreement shall be deemed to be severable, and if any provision is determined to be void or unenforceable, then such provision will be deemed severed and the remainder of the Agreement shall be enforced.
6. Attorneys’ Fees:
Should any litigation or arbitration be commenced between the parties or their representatives concerning any provision of, or the rights and duties of any person or entity under this Agreement, the party prevailing in such litigation or arbitration shall be entitled, in addition to such other relief as may be granted, to reasonable attorneys' fees and costs.
7. Entire Agreement:
8. MUTUAL JURY TRIAL WAIVER.
CUSTOMER AND BCR EACH HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO, THIS AGREEMENT OR ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN CUSTOMER AND BCR, OR ANY CONDUCT, ACTS OR OMISSIONS OF BCR OR CUSTMER OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSONS AFFILIATED WITH BCR OR CUSTOMER, IN ALL OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE. WITHOUT INTENDING IN ANY WAY TO LIMIT THE PARTIES' AGREEMENT TO WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY.
© 2018 Business Credit Reports, Inc. All rights reserved.