CUSTOMER TERMS AND CONDITIONS
These are the terms and conditions for the use of information and data provided by Experian for users of this Website (the "Agreement"). The following terms and conditions govern your access to and use of the Experian Website, including any privacy policies, content, functionality and services offered on or through the Experian Website ("Website") whether you are browsing this Website or are a registered customer.
Updated: July 8, 2018
Notice: The prior version of this Agreement was dated September 8, 2016. Changes in this new version include additional types of services available, namely business reports on businesses located in other countries as they may be made available from time to time, including access and use restrictions on Canadian business reports and European business reports. Additional edits were made throughout the Agreement to clarify existing terms.
EXPERIAN TERMS & CONDITIONS
Please read the following information carefully before using this Website. By using this Website, or by clicking to agree to these Terms and Conditions when that option is made available, You, also referred to as "Customer" or "You", agree to these terms and conditions.
If You do not agree to these terms and conditions, please do not access or use this Website.
The terms and conditions herein apply to Experian Information Solutions, Inc., its parent companies, subsidiaries, affiliates, divisions, employees, officers, directors, contractors, vendors, including but not limited to NetBridge Technologies, Inc., and all vendors, data sources and suppliers all of which are referred to herein as "Experian". The terms and conditions are in addition to, and do not override specific terms and conditions for products or services offered by Experian through this Website or otherwise.
A. Restrictions on Use. In consideration for Customer's right to receive and use reports, data, products and services (collectively, the "Services") from Experian through this Website, Customer agrees that the Services:
1) will be used solely (i) to review your own business credit report, (ii) in connection with a present or prospective credit or financial transaction with another business entity inquired upon, or (iii) for other legitimate commercial purposes, and will be used for internal uses only and will not be resold;
2) will not be used as a factor in establishing an individual's eligibility for personal credit or insurance or used for personal, family or household purposes, or employment purposes;
3) will not be shared or disclosed to a third party;
4) will be used in compliance with all applicable laws, regulations, export restrictions, ordinances, and additional use restrictions set forth in the Agreement or hereafter adopted by Experian and notice provided to You; and
5) Customer acknowledges that the Services it receives from Experian under this Agreement include non-public information about businesses and, as such, customer agrees that it will maintain the information in strict confidence and will not disclose such information other than to its employees who have a need to know, or pursuant to legal requirements.
B. Warranty Disclaimer and Limitation of Liability. Customer further acknowledges and agrees that the Services are subject to the following:
1) THE SERVICES ARE NOT GUARANTEED, ARE PROVIDED 'AS IS', AND THAT NEITHER EXPERIAN NOR ITS SOURCES WILL BE LIABLE TO CUSTOMER FOR ANY LOSS OR DAMAGE BASED ON ANY ERRORS OR OMISSIONS THEREFROM. The information, products and services available on this Website may include technical inaccuracies or typographical errors; and
2) are subject to the following exclusion of warranty. NEITHER EXPERIAN NOR ITS SOURCES GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR DATA AND SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY EXPERIAN'S OR ITS SOURCES' ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE DATA OR SERVICES.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EXPERIAN, OR ITS VENDORS, AGENTS, EMPLOYEES OR THIRD PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL 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 EXPERIAN OR THEIR SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS. FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.
IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, LIABILITY CAN BE IMPOSED ON, EXPERIAN 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 EXPERIAN BY ANY PERSON OR ENTITY FOR THE AFFECTED SERVICES AND CUSTOMER COVENANTS AND PROMISES THAT IT WILL NOT SUE EXPERIAN OR ITS SOURCES FOR AN AMOUNT GREATER THAN SUCH SUM AND THAT IT WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST EXPERIAN OR ITS SOURCES. THIS SUBSECTION STATES EXPERIAN'S AND ITS SOURCES' ENTIRE LIABILITY AND THE SOLE REMEDY OF CUSTOMER IN CONNECTION WITH THE PROVISION OF THE SERVICES EXCEPT AS OTHERWISE REQUIRED BY LAW.
D. Emails from Experian. Experian will send emails to the email address You provide regarding notices, alerts, price changes, product updates, renewal notices or other matters specifically relating to the Services ("Email Notices"). You agree to provide Experian with your current email address for purposes of receiving Email Notices. Experian may send you additional emails including newsletters and other product offering information. You may opt-out of receiving these additional emails during initial registration or by following the instructions located in the email.
E. Account Set-Up, Accuracy, and Access To User's Account. You represent and warrant that You are 18 years of age or more at the time You create an account with us, and are fully able and competent to agree to the terms and conditions set forth herein. If any information You provide is untrue, inaccurate or not current, or if Experian has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Experian, at its sole discretion, has the right to suspend or terminate your use of any product and refuse all current or future access to the Services or suspend or terminate any portion thereof. Further, You agree that Experian will not be liable to You or any third party if Experian suspends or terminates your access to the content or products for any reason. Some Services may require separate registration and logins. User is responsible for providing all information necessary for such registrations, for protecting the confidentiality of User's identification and/or passwords for accessing any of the Services, and is responsible for all use of User's accounts whether expressly authorized by User or not.
F. Right to Modify Service. Experian may at any time, without notice or liability, add a Service, change or eliminate any Service or any content or feature of the Services, or restrict the use of any portion of the Services. Customer's only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Services.
for additional information regarding use of your information.
; (iii) for internal product development and to improve the products and services offered or provided; (iv) to troubleshoot problems with the Services; (v) for billing for the Services, fraud prevention, and to enforce this Agreement or to otherwise enforce our rights and remedies under applicable law; (vi) to customize your experience using the Services; (vii) to provide sales information to a partner or affiliate whose link you used to access this Website; or (viii) to protect Experian and the Services from actual or threatened harm.
Experian reserves the right to disclose your information (i) if required to do so by law or legal process; or (ii) if necessary or appropriate to protect or defend the rights or property of Experian. Without limiting the foregoing, Experian has the right to fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity or other information of anyone using this Website. YOU WAIVE AND HOLD HARMLESS EXPERIAN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EXPERIAN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EXPERIAN OR LAW ENFORCEMENT AUTHORITIES.
H. Links to other websites: For purposes of convenience, Experian's site contains links to third party websites. You may use these links to access products and services offered on those websites. Other websites may have links to the Experian Website. Experian makes no representations or warranties about any third party website that You may use or access through the links. By enabling a link to or from those websites, Experian does not endorse, adopt, or otherwise accept any responsibility for the content, control or, or use of those websites. Other websites are governed by their own terms and conditions.
I. Services. The following Services are available through this Website. Services available may be changed at any time by Experian. See Website for list of currently available products. You agree to pay for the Services that You order from Experian on the terms provided at the time of order and subject to change upon notice from Experian.
1. Business Reports
One-Off Single Report Purchases:
There are no subscription or separate signup fees for single business report purchases. Report pricing is marked with purchase buttons that will complete the transaction and obligate You to the respective fees and Customer Terms and Conditions. When You access the Business Report Services You are certifying that You understand and agree to the following:
You may access the business report ordered for 7 days (measured as 168 hours) from the date of payment, with the exception on the Business Valuation Report which will be available for up to 12-months of viewing from purchase date.
Refunds are not available unless approved by Experian at its sole discretion.
If You have questions regarding your company's report or would like to dispute information, You may request an investigation by contacting an Experian representative. Use the phone number listed on the Website, or use the online form, posted in the 'Help / Contact us' section at the top of www.SmartBusinessReports.com.
Some Services are subject to additional terms and conditions, depending on the type of report provided. Some additional terms and conditions are included below and others may be provided to You during the ordering process. You agree to comply with all such terms and conditions when ordering and receiving the reports.
1). Additional terms and conditions for International Business Reports on businesses located outside of the United States:
|i)||International Business Report for Canada. Vendor restrictions prohibit You from accessing from, exporting to, or sharing International Business Reports for Canadian businesses with or into the following countries: Belarus, China, Cuba, Egypt, Hong Kong, Iran, Israel, Nigeria, North Korea, Pakistan, Palestine, Qatar, Romania, Russia, Senegal, Syria, Ukraine or the United Arab Emirates. These restrictions are in addition to United States export restrictions that prohibit doing business with countries named in the United States regulations.|
|ii)||International Business Reports for Europe. Experian Services may include business credit reports on companies located within the European Economic Area ("EEA"). Such reports that contain personally identifiable information are subject to the General Data Protection Regulation, and other national or vendor restrictions.|
2. Business Valuation Report
|•||Consent Certification. You certify that when requesting a report on a business located in the EEA that You have obtained express consent from a representative (or from the owner if the business is unincorporated) of that business to the transfer of any personal data contained in the report into the United States. Such consent must be made by a clear affirmative action or statement by the individual giving the consent to You.|
|•||Disclosures; Retention. You agree that Experian may disclose Your name, address, and the reason why You requested the report to (i) the business that is the subject of the report upon request of such business, or (ii) Experian's data sources and vendors. You agree to maintain information as to the reason why You requested the report for a period three (3) years from the date the report was requested and to provide such information to Experian upon request.|
|•||Territory Certifications. You certify that You will access and use the reports only in countries where their use is legally permitted.|
The Business Valuation Report ('BVR') is offered by Experian, its vendors, information providers, including BizEquity LLC and its affiliates, successors and assigns (all referred to in this BVR section as 'Experian') subject to this Agreement and these specific terms and conditions.
BVR Disclaimers: The BVR will provide You with an estimate of the value of your business and other small businesses that You are interested in. The estimates are made using rules of thumb for different industries which will be inapt and differ from the amount that would be realized on a sale in many cases because of information not available to us or other factors, and data that You provide. In any event, they are subjective opinions and You should not rely on them for any specific action. This remains true even when You have provided us with additional information. Experian is not a business broker or financial advisor and should not be relied upon as such. The BVR is provided for your internal use only and may not be copied, resold or redistributed for any reason except for your own internal business purposes.
Indemnification: Customer agrees to indemnify, hold harmless, and defend Experian and its affiliated companies, and their respective predecessors, successors, and assigns, and all of their respective current and former officers, directors, shareholders, agents, and employees, vendors and information providers (the 'Indemnified Parties') from any and all actions, cause of actions, suits, proceedings, claims, and/or demands of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation, reasonable attorneys' fees and costs)), which arise out of: (a) Costumer's actual or alleged breach of these Terms, (b) any negligent act or omission by Customer, or (c) any third party claim, action, or demand related to Costumer's use of the BVR Service (each a 'Claim' and collectively 'Claims'). Experian may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. Experian will provide You with reasonably prompt notice of any Claim it receives.
Types of Business Information Data Collected for Business Valuation Product: We collect and retain all information provided by You concerning or related to your business, including your identifiable business information (meaning any information that identifies or is identifiable to your business, profession or activity)(collectively 'business information'). This includes information entered online or otherwise submitted by You in connection with your business, with your performance of your position at your business, or with the products or services offered by your business. The business information that we may collect includes, but is not limited to the following:
- Company name and address;
- Information regarding capitalization, ownership, revenue, profitability, debts, assets, liabilities, taxes, inventory, general depreciation, cash flow, fixed assets, accounts receivable, net worth and business relationships;
- Information regarding real estate owned or leased by the company;
- Information about insurance coverage and risk management planning;
- Company profiles and statistics, including number of employees, salary information, benefits information and positions;
- Information regarding your company's management, such as the educational and career histories of company principals;
- Company operational histories, including territories, subsidiaries, affiliates and lines of business;
- Information regarding company's intellectual property (e.g. types of patents, trademarks);
- Trade and business credit information, including payment histories and patterns; and
- Business professional data as it relates to professional lives, such as name, company, title, business contact information and trade associations.
Where You provide Experian any information You are representing and warranting that You have the right and authority to provide such information.
No Liability for Reliance: Experian does not represent or endorse the accuracy or reliability of any advice, opinion, statement or any other information displayed or distributed through the Service. Customer acknowledges that any reliance upon any such opinion, advice, statement, or other information shall be at Customer's sole risk.
Refunds are not available unless approved by Experian at its sole discretion.
3. Business Report Subscription Products
Your subscription for any Business Report Subscription Products, including Business Credit AdvantageSM
and Business CreditScore ProSM
, is effective for the period covered by your subscription plan and continues upon your payment of the respective subscription fee. If You sign-up for multiple subscription plans, You will be billed separately for each plan.
Business Credit Advantage
Under Business Credit Advantage monitoring plans, an email containing an alert will be sent to You when there are specific changes to the information in the credit file of the company You are monitoring.
For Business Credit Advantage subscription plans, You may cancel your plan within its first month and be billed for the fullest report available on this business by submitting a request in the 'Help / Contact us' section at the top of https://www.SmartBusinessReports.com. Requests to close out an annual plan after the first 30 days are not subject to any refunds. Prior to the end of your annual subscription, notification will be emailed to You approximately 30 days prior to the end of your annual term in which You will have the ability to stop your subscription from automatically renewing for another annual term. Unless cancelled by You prior to the expiration of the annual term, your subscription will be automatically renewed (up to 3 days prior to yearly renewal date) for an additional annual term and the applicable annual charge will be billed to the credit card or other billing source authorized by you. Experian will give You 30 days' notice by email of any pricing change for the renewal term. Pricing for the renewal term will be at the then current pricing for the annual subscription plan.
Business CreditScore Pro
Under Business CreditScore Pro plans, subscribers are eligible to access up to 30 CreditScore reports each month or the maximum number of reports available in their plans. Unused reports do not apply toward subsequent month's usage. The Business CreditScore Pro plan is available to online customers not currently under (i) an existing offline Experian Schedule for business credit services or (ii) an existing offline agreement with an Experian reseller for business credit services obtained from Experian. Furthermore, the Business CreditScore Pro plan is limited to one user account per entity.
Subscription plan renewals may be canceled by submitting a request in the 'Help / Contact us' section at the top of https://www.SmartBusinessReports.com, or canceled by You online under 'Help' / 'Business CreditScore Pro'. Unless cancelled by you, the applicable charge will be billed automatically to the credit card or other billing source authorized by you. Pricing for the renewal term will be at the then current pricing for the subscription plan unless otherwise notified. Prices for subscription plans are subject to change upon 30 days' notice by email.
Requests to close out an annual plan within the first 30 days of that plan creation may receive a prorated refund for the period not yet used; the amount of this refund will be the amount of the annual plan less $249 for the first month of use in most cases. Requests to close out an annual plan after the first 30 days are not subject to any prorated refunds. Prior to the end of your annual subscription, notification will be emailed to You approximately 30 days prior to the end of your annual term in which You will have the ability to stop your subscription from automatically renewing for another annual term.
J. Additional Terms and Conditions.
Customer agrees that it will not (and will not permit others) to:
- use 'robots' 'spiders', 'web crawlers' or other automated or robotic devises to scrape, collect or otherwise harvest information of any kind;
- intentionally or unintentionally violate any applicable local, state, national or international law or requirement of a regulatory authority;
- perform any action that could result in excessive usage that adversely impacts the performance of the Services for other users;
- use the Services in any way that violates these Terms.
In certain jurisdictions, sales tax at state and local rates may apply, in which case You may be charged the applicable taxes (at the highest local rate in your state) in addition to the monthly fee and/or price for the Services. The list of taxable states is available on the account registration page. We do not have an online method to claim tax exempt status. If You are tax exempt, You can apply to be exempted from paying sales tax on future purchases. Please FAX us your completed and signed "State Sales Tax Exemption Form" to 610-525-5063 - Attention: Scott Wilkinson, Tax Claims. We'll notify You within 2 business days of your account status. We cannot refund your tax on previous purchases. Tax exempt organizations may file for a refund of taxes on previous purchases with your state, using a receipt from us to show You have paid tax. We cannot assist You in filing these forms with your state.
The failure by Experian to require performance of any provision in the Agreement shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Experian of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself.
These Experian Terms and Conditions will be governed by and construed in accordance with the internal substantive laws of the State of California, USA. The parties agree that the venue for any dispute arising out of the access to, or use by, Customer of any information or data provided by Experian shall be in Orange County, California, whether brought in federal or state court.
Experian and the Experian products referenced in this site are either trademarks, service marks or registered trademarks of Experian Information Solutions, Inc. or its affiliates. Other products and company names mentioned herein may be the trademarks of their respective owners. No use of any Experian trademark may be made by You or any third party without express written consent of Experian. Elements of Experian's Website are protected by trade dress, trademark, unfair competition, patent and other laws and may not be copied in whole or in part.
Copyright in the Services and Website:
The Services are the intellectual property of Experian. The Services are protected by copyright pursuant to United States copyright laws, international treaties and other copyright laws. The Services contain copyrighted material, trademarks, databases and other proprietary information of Experian, and others, including, without limitation, Experian's vendors and data licensee's which may include, but shall not be limited to: text, software, photos, video, graphics, images, data, text, graphics, logos, button items, icons, images, data compilations, music and sound (collectively, "Proprietary Material"). Customer agrees not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from Experian. Reproduction of any Proprietary Material or other content, in whole or in part, is prohibited without prior written consent.
, and other terms and policies posted for the Website and Services constitute the entire Agreement between Experian and You in connection with the Services, the Website and supersede any prior versions of the Terms and Conditions, if applicable. The Terms and Conditions are effective until terminated by Experian. In the event of termination, Your obligation to pay for the Services You requested, the provisions the Warranty Disclaimer and Limitation of Liability, and of this Subsection J will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained on the Website, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions unless otherwise restricted by law. The section headings are for convenience only and do not have any force or effect.
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