Site Usage Statement
Site 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 Merchants Website, 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 ©
2021 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 Active X 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.