We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when We post them, and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms means that You accept and agree to the changes. You are expected to check this webpage from time to time so You are aware of any changes, as they are binding on You. These Terms were last updated on March 30, 2020.
Accessing the Sites
We reserve the right to withdraw, update or amend the content of the Service and/or on the Sites (including without limitation the Content) from time to time at our sole discretion and without notice; such content is not necessarily complete or up-to-date. The Service may differ from User to User. Any of the material on the Sites may be out of date at any given time, and We are under no obligation to update such material. CreditRiskMonitor also has the right to change the third parties providing to CreditRiskMonitor the Content offered in the Service (“Information Providers”) at its sole discretion and without notice to You. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time and in our sole discretion, We may restrict or deny access to some parts or all of the Sites and/or Service. You agree not to take steps to circumvent our attempts to restrict or deny such access.
The Sites may contain messaging features, personal web pages or profiles, forums and other interactive features that allow Users to post, submit, publish, display, or transmit content or materials, including without limitation information, posts, comments and reviews (collectively, “User Contributions”) on or through the Sites. All User Contributions must comply with the Content Standards in these Terms. Subject to any confidentiality agreement between a User and CreditRiskMonitor, any User Contributions a User posts to the Sites will be considered non-confidential and non-proprietary, except that User Contributions in any aggregated, anonymized and/or other non-personally identifiable format that We collect, process, retain, transfer or otherwise use shall always be deemed non-confidential and non-proprietary. You hereby grant CreditRiskMonitor, our Information Providers and other service providers, and each of their and our respective licensees, successors, and assigns, a fully-paid, royalty-free, worldwide, non-exclusive, perpetual, sublicensable, transferable license to use, copy, edit, modify, redact, post, advertise, promote, host, display, disclose, transmit, upload, transfer, control, download, record and/or otherwise deal with or exploit non-confidential and non-proprietary User Contributions for any purpose. You agree that neither You nor any other party shall be entitled to receive any payment, license fee and/or remuneration for CreditRiskMonitor’s exercise or non-exercise of its rights under such license.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above
- Such User Contributions do not infringe the copyright, trademark and other intellectual property rights or any other rights of any third party
- None of the User Contributions shall be subject to any obligation on the part of CreditRiskMonitor, including without limitation confidentiality, attribution or otherwise
- All of Your User Contributions comply and shall continue to comply with these Terms
You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not CreditRiskMonitor, have full responsibility for same, including its legality, reliability, accuracy, and appropriateness. CreditRiskMonitor shall not be liable whatsoever for any use or disclosure of any User Contributions, whether intentional, inadvertent or otherwise, by You or any other User.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion
- Take any action with respect to any User Contribution that We deem necessary or appropriate in our sole discretion, including if We believe that such User Contribution violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users or the public, or could create liability for CreditRiskMonitor
- Disclose Your identity or other information about You to any third party who claims that material You posted violates their rights, including without limitation their intellectual property or privacy rights
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites
- Terminate or suspend Your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms
Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS CREDITRISKMONITOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, INFORMATION PROVIDERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “CREDITRISKMONITOR PARTIES”) FROM AND ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You acknowledge that due to the immediate nature of the Internet, CreditRiskMonitor may not censor, approve, edit or endorse information uploaded, linked or made accessible on the Sites, including without limitation on the Social Media Sites. CreditRiskMonitor cannot and does not guarantee or warrant that inappropriate or illegal material shall not be posted on the Sites. We cannot review all material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. You understand that by accessing and using the Sites, You may be exposed to content or User Contributions that may offend You. In such event, Your sole and exclusive remedy and recourse is to avoid such content or User Contributions by discontinuing Your access to and use of the Sites.
You acknowledge that a large volume of information is available on CreditRiskMonitor’s Service and Sites, and that Users may intentionally or unintentionally post content or make statements thereon that are inaccurate, misleading, incomplete or deceptive. The Sites also include content provided by third parties, including Information Providers and third-party licensors and/or reporting services. We do not endorse and are not responsible, or liable to You or any third party, for the content, accuracy, completeness or usefulness of any materials, opinions or other information accessible on the Sites, including without limitation any User Contributions. Opinions, comments and other statements expressed on the Sites by a User or other party are theirs alone and are not opinions or the responsibility of CreditRiskMonitor. The information presented on or through the Sites, including without limitation User Contributions, is made available solely for general information purposes and any reliance You place on such information is strictly at Your own risk. CreditRiskMonitor is not responsible for any errors or omissions in the Sites, for hyperlinks on the Sites, or for User Contributions, or for any results obtained from the use of any of the foregoing. CreditRiskMonitor is further not responsible for any dispute that arises among Users.
Use of CreditRiskMonitor's Social Media Sites
It is Your sole responsibility to read and comply with the Social Media Platform Rules. In no event shall CreditRiskMonitor be responsible in any way for Your violation of any of the Social Media Platform Rules. Your use of CreditRiskMonitor’s Social Media Sites shall be subject to all of the following:
- these Terms;
- the Social Media Platform Rules
CreditRiskMonitor Accounts and Purchases
To access the Sites or some of its resources, You may be asked to provide certain registration details or other information. Users may enter into a separate agreement with CreditRiskMonitor to make available all or part of the password-protected portion of the Service for a period of time (a “Subscription”). Access to protected portions of the Service will be possible for the User only through use of a valid user name and password. If You choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity nor provide any other person with access to the Sites or portions of it. You may not use or attempt to use any user name or password for any unauthorized purpose. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other security breach. You are responsible for any and all actions taken under Your user name and password. If CreditRiskMonitor determines that a User has disclosed its password to any third party, then CreditRiskMonitor has the right to invoice such User for additional passwords at the rate then in effect. You must protect any Content in Your possession from unauthorized use or disclosure, using at least a reasonable degree of care. We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms.
Intellectual Property Rights
The Sites and their entire contents, features, and functionality (including but not limited to all Content, information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by CreditRiskMonitor, its licensors, Information Providers, or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that the Content, Service and Sites are derived from information and databases that belong to CreditRiskMonitor, its licensors, Information Providers or other providers of such material. You further acknowledge that the password-protected portion of the Service contains valuable facts that are trade secrets of CreditRiskMonitor, its licensors, Information Providers and other providers of such material. The CreditRiskMonitor name, the terms “CRMZ®," “CreditRiskMonitor," “FRISK®," “PAYCE®," the CreditRiskMonitor logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CreditRiskMonitor. You must not use such marks without the prior written permission of CreditRiskMonitor. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners. You must not modify copies of any Content or other materials from the Service and/or Sites nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content or other materials from the Service and/or Sites. No right, title, or interest in or to the Service and Sites or any content on the Service and Sites is transferred to You, and all rights not expressly granted are reserved by CreditRiskMonitor and/or their respective rights holders. Any use of the Service and Sites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on any of the Sites should be sent to CreditRiskMonitor’s designated agent. If you believe that your User Contributions or other content or materials have been used in a way that may constitute copyright infringement, you should promptly furnish the following information by written notice to CreditRiskMonitor’s designated agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of the location on the Sites where the material that you claim is infringing is located;
- Your name, address, telephone number and email address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf
CreditRiskMonitor’s designated agent for notice of claims of copyright infringement on any of the Sites is its copyright agent, who may be reached as follows:
CreditRiskMonitor Designated Agent
704 Executive Boulevard, Suite A
Valley Cottage, NY 10989
CreditRiskMonitor has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of the Sites who are repeat infringers of copyright.
Other User Responsibilities
You may use the Service and Sites only for lawful purposes and in accordance with these Terms. You agree not to use the Service and Sites:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding publicity and privacy or regarding the export of data or software to and from the U.S. or other countries)
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally information, or otherwise
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms, including without limitation the Content Standards
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation
- To impersonate or attempt to impersonate CreditRiskMonitor, a CreditRiskMonitor employee, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing)
- To engage in any other conduct that restricts or inhibits anyone’s use of same, or which, as determined by us, may harm CreditRiskMonitor or Users or expose them to liability
Additionally, You agree not to:
- Use the Service and Sites in any manner that could disable, overburden, damage, or impair the Service and Sites or interfere with any other party’s use of same, including their ability to engage in real time activities through the Service and Sites
- Use any robot, spider, or other automatic device, process, or means to access the Service and Sites for any purpose, including monitoring or copying any of the material thereon or to avoid manual use thereof, or otherwise lead to data harvesting or scraping activities
- Use any manual process to monitor or copy any of the material on the Service and Sites or for any other unauthorized purpose without our prior written consent
- Use any device, software, or routine that interferes with the proper working of the Service and Sites
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Service and Sites
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service and Sites, the server on which they are stored, or any server, computer, or database connected to the Service and Sites
- Attack the Service and Sites via a denial-of-service attack or a distributed denial-of-service attack
- Otherwise attempt to interfere with the proper working of the Service and Sites
- Attempt to defeat the password protection of the Service and Sites, nor to enable, assist nor encourage any third party to attempt to do so
- Attempt to defeat the confidentiality protections of the Service and Sites, attempt to reveal other User identities, nor to enable, assist nor encourage any third party to attempt to do so
These content standards apply to any and all User Contributions and use of the Service and Sites. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
- Be likely to deceive any person
- Promote any illegal activity, or advocate, promote, or assist any unlawful act
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person
- Impersonate any person, or misrepresent Your identity or affiliation with any person or organization
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising
- Give the impression that they emanate from or are endorsed by CreditRiskMonitor or any other person or entity, if this is not the case
Links from the Website
If the Sites contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to the Sites, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
You understand that We cannot and do not guarantee or warrant that any content (including without limitation Content) available from the Sites or Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, THE CREDITRISKMONITOR PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES, SERVICE AND CONTENT OR ON ANY WEBSITE LINKED THERETO.
YOUR USE OF THE SITES, THE SITES, SERVICE AND CONTENT IS AT YOUR OWN RISK. THE SITES, SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE CREDITRISKMONITOR PARTIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES, SERVICE AND CONTENT OR THE RESULTS TO BE OBTAINED THEREFROM. WITHOUT LIMITING THE FOREGOING, THE CREDITRISKMONITOR PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES, SERVICE AND CONTENT WILL BE SECURE, ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES, SERVICE AND CONTENT THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES, SERVICE AND CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE CREDITRISKMONITOR PARTIES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL THE CREDITRISKMONITOR PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR USE, OR INABILITY TO USE, THE SITES, SERVICE AND CONTENT OR ANY WEBSITES LINKED THERETO, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CREDITRISKMONITOR PARTIES FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGEMENTS, AWARDS, FINES, PENALTIES, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE SITES, SERVICE OR CONTENT, INCLUDING THROUGH YOUR USER CONTRIBUTIONS, OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS.
- Neither CreditRiskMonitor nor its Information Providers or service providers shall be liable, or be deemed to be in default hereunder or under any agreement with a subscriber, client or third party, including a Subscription Agreement, by reason or account of any delay or omission caused by pandemic, epidemic, virus, disease, quarantine, travel restriction, state of emergency, fire, power outages, action of the elements, strikes, lockouts, sabotage ( except as caused by a Party’s employees or agents), labor disputes, governmental law, regulations, ordinances, order of a court of competent jurisdiction, executive decree or order, act of God or public enemy, war, riot, civil commotion, earthquake, flood, explosion, casualty, embargo or any other act beyond their control (each, a Force Majeure Event). The time of performance of CreditRiskMonitor or its Information Providers or service providers obligations under this Agreement or under any other agreement such as a Subscription Agreement shall be extended for so long as such Force Majeure Event continues; provided, however, that in the event such period of extended delay exceeds thirty (30) days, then CreditRiskMonitor may terminate this Agreement or any other agreement to which it is a party such as a Subscription Agreement upon notice thereof to the other party. Further, without limiting the generality of the foregoing, You agree that the functioning of the internet and of any telephone networks are beyond such parties’ reasonable control.
- You may not assign or transfer any of the rights and obligations herein without the prior written consent of CreditRiskMonitor, which CreditRiskMonitor may withhold at its sole discretion. CreditRiskMonitor may assign or transfer all or part of the rights and obligations herein, with or without notice to You.
- Section headings in these Terms are included only for convenience, and do not form part of its essential content.
- No action or inaction by CreditRiskMonitor may be construed as a waiver of these Terms or any part thereof. If any of the provisions of these Terms are held to be invalid, unenforceable or illegal for any reason, the validity, enforceability and legality of the remaining provisions of these Terms shall not be affected thereby and shall continue in full force and effect. No failure of CreditRiskMonitor to fully enforce its rights under these Terms, nor any failure to enforce its rights at a particular time, shall be construed as an abandonment of those rights, nor limit CreditRiskMonitor’s ability to enforce those rights at a time of its choosing, to the extent CreditRiskMonitor may choose. The appearance of forbearance with one or more Users, or a particular type of prohibited usage, shall not be construed as an abandonment of any rights by CreditRiskMonitor with respect to User.
- You and CreditRiskMonitor have agreed to these Terms within the State of New York for all purposes. Any and all claims, disputes or legal proceedings arising out of or relating to these Terms including, without limitation, its validity, interpretation, performance or breach, shall be adjudicated exclusively in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, County of New York. You expressly consent to the exclusive jurisdiction of such courts over You. You expressly waive any claim of forum non conveniens. These Terms and their validity and effect shall be interpreted under and governed by the substantive laws of the United States of America and the State of New York, without regard to principles of conflict of laws or statutes.
- WAIVER OF JURY TRIAL. YOU AND CREDITRISKMONITOR EACH HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RIGHT TO TRIAL BY JURY IN ANY CLAIM, DISPUTE OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
- YOU AGREE TO WAIVE ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM, DISPUTE OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS. IN ANY SUCH CLAIM, DISPUTE OR LEGAL PROCEEDING, YOU AGREE NOT TO JOIN OR CONSOLIDATE CLAIMS, DISPUTES OR LEGAL PROCEEDINGS BY OR AGAINST OTHER CUSTOMERS IN COURT OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Copyright © 2020 by CreditRiskMonitor.com, Inc. All content and materials contained in and on CreditRiskMonitor’s Sites is intellectual property belonging exclusively to CreditRiskMonitor and/or their respective owners, and is protected by international, federal and state copyright and other laws and international treaties. Any copying, republication, redistribution, creation of derivative works, or public performance of such content and/or materials is strictly prohibited. CreditRiskMonitor reserves the right to enforce its copyright, trademark, and other legal rights and interests to the maximum extent permitted under the law. All rights of CreditRiskMonitor.com, Inc. are expressly reserved.