Website TERMS OF SERVICE
Some of the Services made available from us through the Websites will be governed by additional written service agreements executed by you and us (“Customer Agreement”) and in such case, in the event of any contradiction between the provisions of such separate written Customer Agreement and these Terms of Service, the provisions of the separate written Customer Agreement shall take precedence, control and govern.
If you are using the Websites or Services on behalf of a company, entity, or organization, you hereby represent and warrant that (i) you have the authority to bind such company, entity, or organization to these Terms of Service and that your usage of the Websites or Services binds and legally obligates such company, entity, or organization to these Terms of Service.
Notwithstanding any provision in these Terms of Service to the contrary, we reserve the right, in our sole and absolute discretion, at any time and from time to time, and without notice, to change, amend, or modify these Terms of Service, the Services and/or the Websites. Your use of our Websites or Services following any such modification or change constitutes your agreement to follow and be bound by these Terms of Service, as amended. You should periodically check the Website and review the most up-to-date version of these Terms of Service.
- Personal and Internal Business Use Only. In accordance with and subject to these Terms of Service, we grant you the right to access the Websites and the Services. Unless otherwise specifically agreed to in a separate written Customer Agreement entered into between us, the Websites and Service and the information provided through the Websites or Services are made available to you solely for (a) your personal use; and (b) your internal business use; in compliance with all applicable laws, rules and regulations.
You shall not (A) resell, broker, transfer, or otherwise make available the Websites, Services and/or the information contained therein or supplied therewith to any third parties; (B) use the Websites or Services, or store the information contained therein, for the purpose of creating product(s) that compete with our Websites or Services; or (C) You will not use the Websites or Services as a factor in establishing an individual’s eligibility for credit or insurance to be used primarily for personal, family or household purposes, or employment purposes, in connection with a determination of eligibility for a license or other benefit granted by a government agency, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation, or for any other purposes governed by the Fair Credit Reporting Act (the foregoing, (A) through (C), collectively, the “Prohibited Uses”). If you want to make any other commercial use of the Websites or Services, including but not limited to selling, distributing or providing access to the Websites, Services or information provided through the Websites or Services, you must enter into a separate written agreement with us in advance.
You agree that if we determine or reasonably suspect that you are, directly or indirectly, engaging in any of the Prohibited Uses, or you are otherwise violating any provision of these Terms of Service or your Customer Agreement with us, we may take immediate action, including termination or suspension of your account or your right to use or access the Websites and/or the Services.
- Registration, Access and Security. If you are asked to register for the Websites or Services, you must provide complete and accurate identification, contact, and other information required as part of the registration process, and accurately and promptly update that information if it changes. If you provide any information that is untrue, inaccurate or incomplete, or we have reason to suspect that you have done so, we may suspend or terminate your account and refuse any and all current or future use of the Websites or Services or any portion thereof. We reserve the right, in our sole discretion, to refuse or discontinue participation or access of a user to any or all of the Websites or Services at any time without notice.
You agree and are responsible for maintaining the confidentiality of any non-public authentication credentials, including without limitation username, access code, account or customer number that you may receive or select for your access to and use of the Websites and Services. You accept responsibility for all usage and activity that occurs through or under your username, access code and customer or account number and/or which is associated with your use of the Websites and Services. Accordingly, you are responsible for the security of any and all usernames and passwords issued to you. Lost or stolen usernames and/or passwords may be cancelled at any time upon written notice to Credifi. You are required to notify our customer support team immediately (i) about any possible misuse of your accounts or authentication credentials or any security incident related to the Websites or Services; or (ii) if you become aware of any loss, theft or unauthorized use of your username, access code and customer/account number.
- License and Use Restrictions. Subject to the limited rights expressly granted in these Terms of Service, we and our licensors and content providers reserve all of our/their right, title and interest in and to the Websites and the Services, including all of our/their related intellectual property rights. You acquire absolutely no rights or licenses in or to the Websites or the Service or any data and materials contained within the Websites or Services other than the limited right to utilize the Websites and Services in accordance with these Terms of Service. You grant us and our applicable contractors a worldwide, limited-term license to host, copy, transmit and display your data and any program code created by or for you using the Services or for use by you in connection with the Services, as reasonably necessary for us to provide the Services in accordance with these Terms of Service. Subject to the limited licenses granted herein, we acquire no rights, title or interest from you under these Terms of Service in or to any of your data or such program code.
Should you choose to download content from the Websites or Services, you must do so in accordance with these Terms of Service (as well as any other terms that may be applicable to the particular Services that you’re accessing). Such use and/or download is licensed to you by us ONLY for your own personal or internal business use; provided that (i) all copyright notices appearing on the originals are duplicated on all copies thereof, (ii) you do not modify the materials in any way.
Without limiting any other right or remedy available to Credifi, at law or in equity, in the event you breach any of these Terms of Service and/or pursuant to any of our other applicable termination rights hereunder: (i) you shall immediately cease use of the Websites and the Services; (ii) the permission herein granted will automatically terminate and any licenses granted under these Terms of Service will immediately become void; (iii) you shall have no continuing rights to use any of our Confidential Information (as defined below) and will discontinue use thereof; and (iv) you must immediately destroy or return, in our sole discretion, our Confidential Information and proprietary materials and all downloaded materials in your possession or control.
Customer shall not access and/or use the Website, Database Libraries or Service via mechanical, programmatic, robotic, scripted or other automated search means, other than through standard internet browsers.
You may use the Websites and Services only if: (i) you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction; (ii) your use of the Websites and Services will not violate any law in any applicable jurisdiction; and (iii) you do not engage in any conduct that will impede, impair or interfere with the functioning of the Websites or Services whether by the use of malware or otherwise, or otherwise create a denial of service, or falsify the origin of Customer’s communications and (iv) you do not threaten, harass, stalk, spam, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others. Furthermore, you are not permitted to alter, damage or delete any material appearing on the Websites or Services.
YOU AGREE NOT TO REPRODUCE, DISSEMINATE, SELL, DISTRIBUTE, RETRANSMIT, PUBLISH, OR BROADCAST ANY OF THE INFORMATION OR MATERIAL ON OR AVAILABLE THROUGH THE WEBSITES OR SERVICES FOR ANY PURPOSES WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF CREDIFI. YOU SHALL NOT DECOMPILE, DISASSEMBLE OR CREATING DERIVATIVE WORKS FROM THE SOFTWARE THAT MAY BE ACCESSIBLE ON OR THROUGH THE WEBSITE OR SERVICES.
You represent and warrant that you will not (i) make the Websites or any Services available to, or use the Websites or any Services for the benefit of, anyone other than yourself; (ii) sell, resell, license, sublicense, distribute, make available, rent or lease the Websites or any Services, or include the Websites or any Services in a service bureau or outsourcing offering; (iii) use the Websites or any Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (iv) use the Websites or any Services to store or transmit malicious code; (v) interfere with or disrupt the integrity or performance of the Websites or any Services or third-party data contained therein; (vi) attempt to gain unauthorized access to the Websites or any Services or its related systems or networks; (vii) permit direct or indirect access to or use of the Websites or any Services in a way that circumvents a contractual usage limit, or use the Websites or any Services to access or use any of our intellectual property except as permitted under these Terms of Service; (viii) copy the Websites or any Services or any part, feature, function or user interface thereof; (ix) frame or mirror any part of the Websites or any Services, other than framing on your own intranets or otherwise for your own internal business purposes or as specifically permitted in any applicable Customer Agreement; (x) access the Websites or any Services in order to build a competitive product or service; or (xi) reverse engineer any of the Websites or the Services (to the extent such restriction is permitted by law). Any use of the Websites or the Services in breach of these Terms of Service by you that in our judgment threatens the security, integrity or availability of the Websites or the Services, may result in our immediate suspension of the Websites or the Services without any liability to you therefor.
- Fees; Taxes. In the event you entered into a binding Customer Agreement with us, you agree to pay to Credifi the applicable fees (e.g., Services fees, support fees, database library access fees, etc.) as set forth in such Customer Agreement as may be updated from time to time as set forth therein, as well as any additional/ancillary fees to which you shall become obligated as a result of changes made thereto from time to time. All fees for the Services shall be due and payable in advance, pursuant to the payment instructions therein, and shall be made in US Dollars, pursuant to the terms of your Customer Agreement. We reserve the right to periodically update our fees and charges, at any time, by online announcements, user bulletins, emails, notices, announcements in invoices, and revised published price lists. In the event you do not wish to be billed pursuant to the updated fee schedule, you shall have the right to terminate these Terms of Service by immediately discontinuing your use of the Websites and the Services. In the absence of such termination, the new rates shall go into effect and apply to any use by you of the Services and/or the Websites. You agree to pay for all services obtained when billed by us and your obligation to pay invoiced amounts is absolute and unconditional and not subject to any refund, offset, defense or counterclaim. All unpaid fees and late payments will bear interest at a rate of fourteen percent (14%) per annum or at the highest percent per annum as allowed under applicable law. Fees and other charges described in these Terms of Service do not include sales, VAT, withholding, use, property, excise, service, or other applicable taxes now or hereafter levied, all of which shall be your sole responsibility. If we are required to pay any of the foregoing, you shall be invoiced for and required to reimburse us for such amounts.
- Ownership of Information. Unless specifically provided otherwise, all right, title and interest in and to the Websites, the Services and the information made available through them, in any and all forms whatsoever, throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of Credifi or its third party data providers (“Data Providers”). Information from third parties obtained pursuant to rights of fair use or otherwise granted as a matter of law and assembled or made accessible through the Websites or Services is owned by us, including but not limited to all right, title and interest in the compilation, selection, arrangement, sorting, classification, manipulation and presentation of such information on the Websites and Services. Credifi and/or their Data Providers retain all right, title, and interest under applicable contractual, copyright, and related laws in and to the information and data provided by or through the Websites and Services. You shall not remove or obscure the copyright notice or other notices contained on data or information accessed through Websites or Services.
- Third Party Data Providers’ Requirements. These Terms of Service are subject to all contractual and legal requirements of our Data Providers as may be imposed from time to time. Except as otherwise expressly set forth herein, nothing in these Terms of Service shall be construed to create any rights or obligations in, or otherwise on behalf of any third parties. Certain of our third party data providers’ contractual or other usage restrictions are listed in the Selected Third Party Data Providers Restrictions section.
- Content Disclaimer. We do not represent or guarantee that any of the information available through the Websites or Services is accurate, complete, reliable, current, free from errors, defects or harmful elements, consistent with what it purports to be, or appropriate for your needs or otherwise safe or non-objectionable.. Some content available through the Websites and Services may obtained from, or provided by, independent third party Data Providers and we take no responsibility for any such Data Provider content. In addition, the Websites and Services may provide you with the ability to access information, material or other content from third parties, including through links to other websites and/or forums on which users or other third parties may post content. Access, viewing or use of any such third party content is made available solely at the users own risk. Such third parties shall be solely responsible and liable for all such third party content. We are not obligated to review, filter or screen any third party content at any time and we do not guarantee, attest to, verify or otherwise warrant that any third party content is or will be accurate, complete, reliable, current, free from errors, defects or harmful elements, consistent with what it purports to be, appropriate to fit your needs or otherwise safe or non-objectionable.
- No Advice. You acknowledge and agree that the Websites and Services, including any scoring, rating, classification, and comparison data provided, are not intended to and shall not be deemed to constitute the provision of financial, business, professional, tax, or legal advice. You should consult with your advisors and counsel regarding any specific actual or proposed situation or transaction. Credifi and its affiliates and their respective data providers offer no advice regarding the purchase, sale, holding, suitability, compliance or default of any particular property, building, loan, investment or security. You acknowledge and agree that your use of the Websites and Services, and any decisions made by you in reliance thereupon, are made solely at your own risk.
- User Provided Content. In the event the Websites or Services allow you to contribute content, including by uploading data and information, posting messages, sending or sharing files and communicating with others you agree not to post, upload, e-mail, transmit, distribute, or otherwise make available through the Websites or Services any data, text, images, files, links, software, or communications (“User Content”) that (i) we consider, in our sole and absolute discretion, to violate any applicable laws, including without limitation the laws of the United States; (ii) restricts or inhibits any other user from using and enjoying the Websites or Services; (iii) is threatening, abusive, harassing, defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or indecent; (iv) contains viruses, worms, Trojan horses, harmful code, or any other element or component that has a capacity or potential to interrupt, destroy, interfere with, permit the unauthorized use of, or limit the functionality of any computer software or hardware, any telecommunications equipment, or any communications network; (v) violates or infringes the rights of others, including without limitation rights under copyright, trademark, or patent law; rights of privacy or publicity; rights under defamation law; or rights under any securities or other applicable law; (vi) sells or promotes any product or service; (vii) promotes, solicits, or partakes in any multi-level marketing or pyramid scheme; (viii) posts or transmits any unsolicited advertising, or promotional materials (spam); or (ix) provide a false identity or claim a relationship between you and any business, organization, or person for which you are not authorized or legally permitted to claim such a relationship.
By posting, transmitting, inputting or uploading User Content to the Websites or Services, you warrant that such User Content does not violate or infringe the rights of any third parties. In addition, you automatically grant Credifi and its affiliates, under all of your intellectual property rights, a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license (with the right to grant sublicenses) to use, copy, modify, distribute, publicly display, perform, and otherwise exploit such User Content, without compensation to you.
We have the right (but do not have any obligation) to prohibit or restrict your conduct on the Websites and Services and to edit, block, or remove any User Content, in whole or in part, which in our sole and absolute discretion we believe violates these Terms of Service, or is otherwise objectionable.
- No Duty to Monitor the Websites/Services. You understand and agree that we have the right, but not the obligation, to monitor the Websites and Services, including to remove content, including User Content, from the Websites or Services, and for any reason. You further understand and agree that we reserve the right (but not the obligation) to review, edit, or delete any User Content before it is posted to the Websites or Services, and to refuse to allow User Content to be posted for any reason in our sole and absolute discretion.
- Removal of Infringing Content. If you believe that any information or material violates these Terms of Service, infringes upon your copyrights or otherwise should be removed, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) Identification of the copyrighted work(s) or material claimed to have been infringed or to be the subject of infringing activity and that is to be removed (provide information reasonably sufficient to permit us to locate the material); (ii) A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed; (iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. CrediFi’s designated Copyright Agent to receive notifications of claimed infringement is:
417 Fifth Avenue, Suite 831
New York, New York 10016
Attention: Copyright Agent
You acknowledge that if you fail to comply with all of the requirements of this paragraph, your DMCA notice may not be valid.
If you believe that any content, including User Content, provided by you was improperly removed (or to which access was disabled) and is not infringing, or that you have the authorization from the copyright owner or its agent, or by law, to post and use such content, you may send us a counter-notice containing the following information to the Copyright Agent: (i) Your name, address, telephone number, and e-mail address and your physical or electronic signature; (ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) a statement that you consent to the jurisdiction of the federal court in New York, New York, and that you will accept service of process from the person who provided notification of the alleged infringement. We have the right but not the obligation to send a copy of such counter-notice to the original complaining party informing them that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of such counter-notice, at our sole discretion.
- DISCLAIMER OF WARRANTIES AND LIMITS OF LIABILITY. THE WEBSITES AND SERVICES AND ALL INFORMATION, DATA AND CONTENT ON OR AVAILABLE THROUGH THE WEBSITES AND SERVICES IS MADE AVAILABLE TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. CREDIFI, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THIRD PARTY DATA PROVIDERS AND MOBILE APPLICATION DISTRIBUTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “CREDIFI PARTIES”) MAKE NO ADDITIONAL WARRANTIES OR REPRESENTATIONS, OF ANY KIND WHATSOEVER, WHETHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE WEBSITES AND SERVICES, (2) THE COMPLETENESS, ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND INTELLECTUAL PROPERTY RIGHTS OF ANY OF THE INFORMATION, DATA AND CONTENT ON OR AVAILABLE THROUGH THE WEBSITES AND SERVICES, INCLUDING BUT NOT LIMITED TO THE ACCURACY, RELEVANCE, OR CORRECTNESS OF ANY BUILDING, LOAN, LENDER, BORROWER, OR BUSINESS CLASSIFICATION, SCORING, RATING, COMPARATIVE ANALYSIS, OR OTHER BUSINESS INFORMATION AND/OR ANALYTICS CONTAINED ON THE WEBSITES OR SERVICES.
THE CREDIFI PARTIES FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO INFORMATION OR ADVICE PROVIDED BY ANY CREDIFI PARTY SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
THE CREDIFI PARTIES DISCLAIM ALL LIABILITY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE OR DELAY), OR CLAIMS WHETHER ARISING IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) AND REGARDLESS OF THE THEORY OF LIABILITY,, OR CLAIMS RESULTING FROM BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF INFORMATION OR DATA, LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS OR TIMELINESS OF THE WEBSITES OR SERVICES OR THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR SERVICES; ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON SUCH INFORMATION, OR DATA OR THE WEBSITES OR SERVICES; OR HARM OR INJURY RESULTING FROM ANY INTERRUPTION OR DELAY OF ANY DATA, INFORMATION OR ANY OTHER ASPECT OF THE WEBSITES OR SERVICES EVEN IF CREDIFI OR ITS AFFILIATES HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING OR IF CREDIFI’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. YOUR USE OF THE CREDIFI SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOST REVENUE OR PROFITS, GOODWILL, ANY LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
IN NO EVENT SHALL THE CREDIFI PARTIES’ (TOGETHER WITH ALL OF ITS AFFILIATES) MAXIMUM AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, FOR ANY CAUSE OR LIABILITY WHATSOEVER, WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON, EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO CREDIFI IN CONNECTION WITH THE WEBSITES AND SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12)MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (II) US$100.00. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE “FEES” SECTION ABOVE.
THE WEBSITES AND SERVICES MAY CONTAIN LINKS TO THIRD PARTY WEBSITES AND WE ASSUME NO RESPONSIBILITY AND HAVE NO CONTROL OVER THE INFORMATION AND OR CONTENT CONTAINED THEREIN. WE DISCLAIM ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY OR ASSOCIATED WITH YOUR USE OF SUCH THIRD PARTY SITES AND HOSTING PROVIDERS.
- Indemnification. You agree to indemnify, defend and hold harmless Credifi and its affiliates and third party Data Providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims, demands, suits or proceedings, including, but not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and reasonable attorneys’ fees, of every kind and nature, arising from or relating to your use of the Websites or the Services or the information made available through the Websites or the Services and/or your violation of these Terms of Service, any applicable Customer Agreement, or applicable law, or any claim, demand, suit or proceeding made or brought against us by a third party alleging that any of your data infringes or misappropriates such third party’s intellectual property rights, including, but not limited to, copyright, proprietary rights, and rights under defamation law (each a “Claim”), and you will indemnify us from any damages, attorney fees and costs finally awarded against us as a result of, or for any amounts paid by us under a settlement approved by you in writing of, a Claim, provided we (i) promptly give you written notice of the Claim; (ii) give you sole control of the defense and settlement of the Claim (except that you may not settle any Claim unless it unconditionally releases us of all liability); and (iii) give you all reasonable assistance in your defense and settlement thereof, at your expense.
- Force Majeure. In addition to applicable disclaimers identified above, our incomplete performance or failure to perform our duties under these Terms of Service will not be considered a breach of these Terms of Service and shall be fully excused in the event of interruption and/or delay due to causes beyond our reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, natural disasters (including without limitation, the elements, fire, and earthquake), explosion, acts of terrorism, power failures, equipment failure, industrial or labor disputes, acts of third party information providers, third party software errors or failures or communications interruptions or failures and all other events beyond our reasonable control.
You agree, represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Survival. Sections 4, 6, 7, 8, 9, 10, 12, 13, 14, 16 through 20 shall survive the termination of these Website Terms of Service and shall apply indefinitely.
Last updated November 2018