Website Usage Statement
Website Usage Explanation
Thank you for visiting the Merchants Information Solutions (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
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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 ©
2023 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.