AnscersX - Terms & Conditions
ANSCERSX END USER TERMS AND CONDITIONS These Terms and Conditions form an Agreement between the Customer and Credit Management Association (“CMA”), a California Nonprofit Mutual Benefit Corporation. CMA shall make available (the “Service”) and the Customer shall purchase an anscersX credit report (“Report”) under the following Terms and Conditions (“T&C”):
1. THE REPORT:
1.1. provides commercial credit data for domestic companies only. International commercial credit data shall only be available should the Customer become a paying member of CMA.
1.2. shall comprise data available from Experian, Equifax and Dun & Bradstreet (“Credit Bureaus”).
1.3. will be used solely in connection with a present or prospective credit or financial transaction with the business entity inquired upon or for other legitimate commercial purposes.
1.4. will not be used as a factor in establishing an individual’s eligibility for (a) credit or to be used primarily for personal, family or household purposes, or (b) employment.
1.5. will be used in compliance with all applicable laws, regulations and ordinances.
1.6. the information provided in the Report is of a confidential nature and should under no circumstances be divulged to any customer or to any other party outside of your company.
1.7. information provided in the Report should be limited to persons and issues directly affecting the credit relationship and specifically should not be used for sales or marketing purposes.
1.8. the Customer will be the end user and does not intend to resell or otherwise provide the information in whole or in part to any other person or entity.
2.1. The Report shall only become available upon payment, in full for the cost of the Report. Payment shall be made on-line, at time of purchase, via credit card only.
2.2. Failure to pay, regardless of reason (e.g., incorrect credit card details, declined credit card, etc. shall result in the immediate cancellation of the Customer’s Report request.
3. CUSTOMER OBLIGATIONS
3.1. The Customer must provide all requested information when completing the on-line order form for a Report, ensuring that all such information is accurate.
3.2. The Customer will ensure that there is no deviation from the requirements of use of the Report as set out in paragraph 1.
3.3. The Customer agrees that use of the Report is at the Customer’s own risk.
3.4. The Customer will not do anything to harm CMA’s reputation
4. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY:
4.1. The Customer acknowledges that the Service and data within the Report
4.1.1. is not guaranteed and that neither CMA, the Credit Bureaus nor their sources will be liable to the Customer for any loss or damage based on any errors or omissions there from
4.1.2. are subject to the following exclusion of warranty. CMA, the Credit Bureaus and their sources do not guarantee or warrant the accuracy, completeness, current-ness, merchantability or fitness for a particular purpose of the services, data or the media on which the data is provided and shall not be liable to Customer for any loss or injury arising out of or caused in whole or in part by CMA’s, the Credit Bureaus or their sources’ acts or omissions, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the data or services. In no event shall CMA, the Credit Bureaus or their 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 CMA, the Credit Bureaus or their sources are advised of the possibility of such damages. This paragraph states CMA’s, the Credit Bureaus and their source’s entire liability and the sole remedy of Customer in connection with the provision of the data and services
4.2. If, notwithstanding the prior paragraph, liability can be imposed on CMA, the Credit Bureaus or their sources, then Customer agrees that the aggregate liability for any or all losses or injuries to Customer in connection with anything to be done or furnished through the Report, 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 CMA for the data furnished in the Report and Customer covenants and promises that it will not sue CMA, the Credit Bureaus or their sources for an amount greater that such sum and that it will not seek punitive damages in any suit against CMA, the Credit Bureaus or their sources.