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Website Usage Statement

Website Usage Explanation

Thank you for visiting the Merchants Information Solutions, Inc. (Merchants) website at merchantsinfo.com (the "Merchants Website"). Merchants believes that you will find the Merchants Website informative and easy to use, and we hope that you regularly visit it.

Your use of the Merchants Website and the information available on the Merchants Website is subject to the terms and conditions set forth herein (the "Agreement"). If there is a conflict between the Agreement and any terms and conditions required by Merchants' Suppliers (defined below), then the applicable specific terms and conditions of such Suppliers shall govern and control your ordering, access and usage of such Suppliers products/services. By using the Merchants Website, you agree to abide by the Agreement and the terms and conditions of Merchants' Suppliers.

Liability Disclaimer

Merchants and/or its suppliers including Experian, Equifax, TransUnion and others (collectively, "Suppliers") make no representations about the suitability for any purpose of the information, software, products, and services contained on the Merchants Website. All such information, software, products, and services are provided "as is" without warranty of any kind. Merchants and/or its Suppliers hereby disclaim all warranties and conditions — including all implied warranties merchantability, fitness for particular purposes, title and non-infringement with regard to the information, software, products, and services contained on the Merchants Website.

The information, software, products, and services published on the Merchants Website may include inaccuracies or typographical errors. Changes are periodically made to the information herein. Merchants and/or its Suppliers may make improvements and/or changes to the Merchants Website at any time.

In no event shall Merchants and/or its Suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of the Merchants Website or with any delay or inability to use the MerchantsWebsite, or for any information, software, products, and services obtained through the Merchants Website, whether based on contract, tort, strict liability or otherwise, even if Merchants and/or any of its Suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations regarding those types of damages may not apply to you.

Misuse prohibited/limits on use

As a condition of using the Merchants Website, you agree that you will not use the Merchants Website for any purpose that is unlawful or prohibited by the Agreement.

Merchants provides the Merchants Website solely to permit you to determine the availability of goods and services offered on the Merchants Website and to transact business with Merchants, and for no other purposes. The Merchants Website services have both personal and commercial uses. If you are the end-user of the services, you may only use the services for your personal, non-commercial use. You may not sell, rent, lease, or redistribute the information services. Where you are not the end-user of the service, you must be an authorized agent of a company, agency, or entity (customer) whose commercial use is granted subject to the terms and conditions of the service contract.

You agree that you will not make any false transaction or any transaction outside the intended purpose of the service. You agree to abide by the terms and conditions of purchase that Merchants imposes including, but not limited to, payment of all amounts when due and compliance with all rules regarding availability of products or services. You are completely responsible for all assessments, charges, duties, fees, and taxes arising out of your use of the Merchants Website.

You agree that you will not Misuse the Merchants Website. "Misuse" includes, but is not limited to, using the Merchants Website to do any of the following:

  • Disrupt any aspect of Merchants' operations
  • Interfere with another's access to or use of the Merchants Website
  • Take any action that will or could impose an unreasonable or disproportionately large load on the Merchants Website infrastructure
  • Distribute or publish any information that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on account of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, or any other basis protected by federal, state, or local law
  • Abuse, defame, harass, stalk, threaten, or otherwise violate another's legal rights, including but not limited to rights of privacy and publicity
  • Download or upload files (such as computer viruses, corrupt files, or similar software) that may damage the operation of Merchants' or another's computers
  • Download or upload files that contain materials (including but not limited to software) that violate Merchants' or another's intellectual property, privacy, or publicity rights
  • Misrepresent or omit the origin or source of any file that you download or upload
  • Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices
  • Distribute or publish any obscene, infringing, or unlawful material
  • Engage in any commercial purpose not specifically granted to you in a separately executed service contract
  • Disclose or transmit confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including but not limited to Merchants or any of its Suppliers
  • Copy, create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Merchants Website
  • Monitor or copy any content by using any manual process, or any robot, spider, or other automatic device, without first obtaining Merchants' prior written consent
  • Access information about any customer protected by Merchants Website log-in and post it on any other Merchants Website without that customer's consent
  • Utilize a customer's password during log-in, unless you are:
    • The customer to whom that password is assigned (the "Authorized customer");
    • An authorized agent of the customer acting with both the knowledge and consent of the authorized customer
  • Engage in any other conduct that is, or that Merchants deems to be, in conflict with this Agreement

Merchants forbids such Misuses, and access of the Merchants Website for any such Misuses or other similar purposes is an unauthorized use of the Merchants Website.

Copyright and trademark notices

All contents, images, and logos on the Merchants website are: Copyright © 2022 Merchants, and/or its Suppliers. All rights reserved. Any other names of Merchants services to which the Merchants Website refers are service marks or registered service marks of Merchants Other products and company names mentioned in the Merchants Website may be the trademarks of their respective owners.

Software available on the Merchants Website

Any software that is made available to download from the Merchants Website ("Software") is the copyrighted work of Merchants and/or its Suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: Merchants and/or its Suppliers hereby grant to you a personal, nontransferable license to use the Software for viewing and otherwise using the Merchants Website in accordance with this Agreement, and for no other purpose.

Please note that Merchants and/or its Suppliers own all Software, including without limitation all HTML code and ActiveX controls, contained in the Merchants Website. Copyright laws and international treaty provisions protect all Software. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Links to third party websites

The Merchants Website may contain links and pointers to Internet sites that third parties operate. Merchants does not operate or control in any respect any information, products or services on such third-party sites. The Merchants Website includes such links for your reference and convenience only. Endorsement of the material on such websites or any association with their operators is neither implied nor intended.

Indemnity

As a condition of using the Merchants Website, you agree to indemnify Merchants and/or its Suppliers from and against any and all liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from your use of the Merchants Website, including without limitation any claims alleging facts that if true would constitute your breach of this Agreement.

Service contact

With regard to any questions or problems about the Merchants Website, please contact the merchantsinfo.com Customer Support Center by phone at (800) 966-0576 or by email at customercare@merchantsinfo.com.

Modification of these terms and conditions

Merchants reserves the right to modify the Agreement at its sole discretion and without notice. Your continued use of the Merchants Website following any such modifications shall constitute your acceptance of such modifications.

General

The Agreement shall be deemed to have been made in the State of Arizona and shall be interpreted in accordance with Arizona law, without regard to conflicts of law principles. Merchants and you consent and waive any objections to the exclusive personal jurisdiction of the state and federal courts in Maricopa County, Arizona, for the determination of any claim or controversy arising out of or relating to the Agreement. Merchants and you waive any objections to venue in such courts due to inconvenient forum or any other basis.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Merchants as a result of the Agreement or your use of the Merchants Website.

Merchants' performance under the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits Merchants' right to comply with law enforcement requests or requirements relating either to your use of the Merchants Website or the information provided to or gathered by Merchants with respect to such use.

If a court of competent jurisdiction determines that any part of the Agreement is invalid or unenforceable, then the invalid or unenforceable part will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original part and the remainder of the Agreement shall continue in effect.

A printed version of this usage agreement and all other notices, policies, and disclaimers contained on the Merchants Website will be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Merchants reserves any rights not expressly granted herein.