Terms and Conditions Credit Solutions

General Terms and Conditions for Use of Data Axle Credit Solutions

These terms and conditions describe your responsibilities and states the terms and conditions under which you may use this website and are part of the agreement for use of this website and the Data Axle Credit Solutions Data. In this agreement (the “Agreement”), the words “you” and “your” refer to the party utilizing the Data Axle Credit Solutions Data, and the term “Data Axle Credit Solutions Data” refers to any service, data, or other information provided or made available by Data Axle Inc. and/or its subsidiaries and affiliates (collectively, “Data Axle”). By using this website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. Do not use this website or Data Axle Credit Solutions Data if you do not agree to these terms and conditions.

The terms and conditions are in addition to, and do not supersede, any specific terms and conditions that apply to the products or services offered by Data Axle and made available through this website.

Your Responsibilities

You acknowledge and agree that you are responsible for any use of Data Axle Credit Solutions Data. In connection with the right to receive and use of the Data Axle Credit Solutions Data, you warrant and agree that:

You will use Data Axle Credit Solutions Data for your internal use only and you shall not sell, transfer, or otherwise provide access to Data Axle Credit Solutions Data, or any portion thereof, to any third party without the prior written consent of Data Axle;
If no usage period is selected, the license’s term shall be for a period of one (1) year. Company shall retain all right, title and interest in and to the Production/Services and all intellectual property contained therein;
You will only use Data Axle Credit Solutions Data in connection with a prospective or current credit or financial transaction with the inquired business entity or other lawful commercial purposes;
You will not use any Data Axle Credit Solutions Data as a factor in establishing an individual’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, employment purposes, tenant screening purposes, or for any other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C. section 1681 et seq.) or any similar statute or regulation;
You will use Data Axle Credit Solutions Data only in compliance with all applicable laws, rules, and regulations;
You shall not name Data Axle or its affiliated companies or refer to the use of Data Axle Credit Solutions Data in any advertisements or promotional or marketing material; and
You shall indemnify and hold harmless Data Axle, its affiliated companies and their respective officers, employees and agents (“Indemnified Parties”) against any loss, liability, damage, cost, or expense (including, but not limited to, reasonable attorneys’ fees and legal costs) suffered or incurred by any Indemnified Party, arising out of or in any way related to your use of the Data Axle Credit Solutions Data or the breach of this Agreement.

Confidentiality

You agree that you may receive confidential or proprietary information concerning aspects of the business of Data Axle pursuant to this Agreement, to include, but not limited to, the Data Axle Credit Solutions Data (“Confidential Information”). You agree not to disclose or permit any other person or entity access to the Confidential Information, except such disclosure or access shall be permitted to your employees, agents, representatives, or independent contractors that requires access in order to perform their respective employment or services as they relate to this Agreement. You shall ensure that your employees, agents, representatives, and independent contractors are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section. You agree to use a degree of care to prevent disclosing to third parties the Confidential Information that equals or exceeds the care you utilize to protect your own Confidential Information, but in no event will such care be less than reasonable care. You shall immediately notify Data Axle in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, you may disclose Confidential Information as required by law, governmental regulation, court order, or other legal process to be publicly disclosed. If you are required by law to disclose Confidential Information, you shall notify Data Axle prior to disclosure. If you are compelled by law, governmental regulation, court order or other legal process to disclose any Confidential Information, you shall provide Data Axle with prompt prior written notice of such compelled disclosure (to the extent legally permitted) and provide Data Axle with reasonable assistance if Data Axle determines in its sole discretion to contest the disclosure at its expense.

Compliance and Enforcement

It is an express condition of this Agreement that in using the Data Axle Credit Solutions Data you and any authorized users shall fully comply with the terms of this Agreement and all applicable federal, state, foreign, and local statutes and regulations. Without limiting any other remedies it may have at law or in equity, Data Axle reserves, at its sole discretion, the right to suspend your access to Data Axle Credit Solutions Data or terminate this Agreement immediately without further notice if Data Axle has reason to believe you are not complying with this or any other express condition of use and you agree that Data Axle will not be liable to you or any third party as a result of any such suspension or termination.

Interruption of Service

You acknowledge that temporary interruptions may occur in the operation of the Data Axle Credit Solutions website or the provision of Data Axle Credit Solutions Data and that any such interruptions shall not result in Data Axle having any liability to you or others; shall not suspend or eliminate your payment obligations to Data Axle; or provide you with any refund rights for amounts previously paid to Data Axle.

Disclaimer of Warranty and Limitation of Liability:

ALL DATA AXLE CREDIT SOLUTIONS DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS AND DATA AXLE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE BASED ON ANY ERROR OR OMISSION THEREFROM. DATA AXLE DOES NOT ASSURE OR WARRANT THE ACCURACY, CORRECTNESS, COMPREHENSIVENESS, OR COMPLETENESS OF THE DATA AXLE CREDIT SOLUTIONS DATA AND DATA AXLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE DATA AXLE CREDIT SOLUTIONS DATA WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL DATA AXLE OR ITS THIRD PARTY SUPPLIERS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR “COSTS OF COVER” (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION CLIENT’S USE OR INABILITY TO USE ANY PRODUCTS OR SERVICES, ANY DAMAGES ARISING OUT OF ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. IN NO EVENT SHALL DATA AXLE’S ENTIRE LIABILITY EXCEED THE TOTAL AMOUNT YOU PAID TO DATA AXLE UNDER THIS AGREEMENT.

Links:

This website and its contents, including without limitation, text, graphics, logos and data compilations, are and remain the property of Data Axle or its suppliers. Reproduction of any content, in whole or in part, is prohibited without prior written consent.

Ownership:

General:

This Agreement shall be governed and construed by the laws of the State of Nebraska, without regard to any conflicts of law principles. Additionally, any action relating to any provision of this Agreement or your use of the Data Axle Credit Solutions Data shall be brought within the jurisdiction of the courts located within Douglas County, Nebraska.
The terms and conditions set forth in this Agreement, along with any additional terms which may be provided which relate to the specific Data Axle Credit Solutions Data provided constitute the entire agreement between you and Data Axle Credit Solutions on the subject matter. Any additional or different terms or conditions in any other document, including without limitation any of your purchase orders, shall be of no effect.
No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.
These terms and conditions may be amended from time to time at the discretion of Data Axle. Any such changes, modifications, additions, or deletions will be effective immediately upon posting on this website or upon the provision of notice by any other means including other electronic means. You agree that it is your responsibility to, and you shall, review these terms and conditions 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.
You may not assign your rights or obligations under the Agreement without the prior written consent of Data Axle, whether by operation of law or otherwise, and any attempt to do so shall be void.

Effective Date: APRIL 16, 2015

Commercial Intelliscore and Trade Payment Trends Data Addendum

These are the terms and conditions for the use of information and data identified above. By clicking to agree to these terms and conditions, you, also referred to as “Customer” or “You”, agree to these terms and conditions. These terms and conditions are in addition to, and do not override specific terms and conditions for products or services offered through this website or otherwise.

Restrictions on Use.In consideration for Customer’s right to receive and use certain data and services (collectively, the “Services”) from Data Axle Inc. or its subsidiaries (“Data Axle”) and Experian Information Solutions, Inc., acting through its Business Information Services Group (hereinafter referred to as “Experian”) and their data sources, Customer understands and certifies to Experian and Data Axle that the Services:

(i) 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, including business research;

(ii) will not be used as a factor in establishing an individual’s eligibility for (a) credit or insurance to be used primarily for personal, family or household purposes, or (b) employment;

(iii) will not be used for credit repair services and that Customer is not a credit clinic or credit repair organization;

(iv) will be used in compliance with all applicable laws, regulations and ordinances, and all special use restrictions set forth in the agreement or adopted by Experian and/or Data Axle hereafter, and will not be used for credit fraud or other unethical business practices; and

(v) will be maintained in confidence and disclosed only to persons whose duties reasonably relate to the business purposes for which the information was requested.

Warranty Disclaimer and Limitation of Liability. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT THE DATA AND SERVICES:

(i) ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND ARE NOT GUARANTEED AND THAT NEITHER DATA AXLE, EXPERIAN NOR THEIR SOURCES, WILL BE LIABLE TO CUSTOMER FOR ANY LOSS OR DAMAGE BASED ON THE CONTENT OF THE DATA OR SERVICES OR ANY ERRORS OR OMISSIONS THEREFROM;

(ii) ARE SUBJECT TO THE FOLLOWING EXCLUSION OF WARRANTY: DATA AXLE, EXPERIAN AND THEIR SOURCES DO NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR 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 DATA AXLE’S, EXPERIAN’S OR THEIR 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 DATA AXLE, EXPERIAN 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 DATA AXLE, EXPERIAN OR THEIR SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH STATES DATA AXLE’S, EXPERIAN’S AND THEIR SOURCES’ ENTIRE LIABILITY AND THE SOLE REMEDY OF CUSTOMER IN CONNECTION WITH THE PROVISION OF THE DATA AND SERVICES.

(iii) IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, LIABILITY CAN BE IMPOSED ON DATA AXLE 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 DATA AXLE FOR THE AFFECTED SERVICES AND CUSTOMER COVENANTS AND PROMISES THAT IT WILL NOT SUE DATA AXLE, EXPERIAN OR THEIR SOURCES FOR AN AMOUNT GREATER THAN SUCH SUM AND THAT IT WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST DATA AXLE, EXPERIAN OR THEIR SOURCES.

(iv) CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD DATA AXLE HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY DATA AXLE OR ITS SOURCES, ARISING OUT OF OR RESULTING FROM CUSTOMER’S BREACH OF THESE TERMS AND CONDITIONS OR YOUR USE, DISCLOSURE, SALE OR TRANSFER OF THE SERVICES (OR THE INFORMATION THEREIN).