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Website Usage Statement

Website Usage Explanation

Thank you for visiting the Merchants Information Solutions (MIS) website at merchantsinfo.com (the "MIS Website"). MIS believes that you will find the MIS Website informative and easy to use, and we hope that you regularly visit it.

Your use of the MIS Website and the information available on the MIS 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 MIS's 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 MIS Website, you agree to abide by the Agreement and the terms and conditions of MIS's Suppliers.

Liability Disclaimer

MIS 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 MIS Website. All such information, software, products, and services are provided "as is" without warranty of any kind. MIS 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 MIS Website.

The information, software, products, and services published on the MIS Website may include inaccuracies or typographical errors. Changes are periodically made to the information herein. MIS and/or its Suppliers may make improvements and/or changes to the MIS Website at any time.

In no event shall MIS 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 MIS Website or with any delay or inability to use the MIS Website, or for any information, software, products, and services obtained through the MIS Website, whether based on contract, tort, strict liability or otherwise, even if MIS 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 MIS Website, you agree that you will not use the MIS Website for any purpose that is unlawful or prohibited by the Agreement.

MIS provides the MIS Website solely to permit you to determine the availability of goods and services offered on the MIS Website and to transact business with MIS, and for no other purposes. The MIS 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 MIS 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 MIS Website.

You agree that you will not Misuse the MIS Website. "Misuse" includes, but is not limited to, using the MIS Website to do any of the following:

  • Disrupt any aspect of MIS's operations
  • Interfere with another's access to or use of the MIS Website
  • Take any action that will or could impose an unreasonable or disproportionately large load on the MIS 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 MIS's or another's computers
  • Download or upload files that contain materials (including but not limited to software) that violate MIS's or another's intellectual property, privacy, or publicity rights
  • 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 MIS 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 MIS Website
  • Monitor or copy any content by using any manual process, or any robot, spider, or other automatic device, without first obtaining MIS's prior written consent
  • Access information about any customer protected by MIS Website log-in and post it on any other MIS 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 MIS deems to be, in conflict with this Agreement

MIS forbids such Misuses, and access of the MIS Website for any such Misuses or other similar purposes is an unauthorized use of the MIS Website.

Copyright and trademark notices

All contents, images, and logos on the MIS website are: Copyright © 2024 MIS, and/or its Suppliers. All rights reserved. Any other names of MIS services to which the MIS Website refers are service marks or registered service marks of MIS Other products and company names mentioned in the MIS Website may be the trademarks of their respective owners.

Software available on the MIS Website

Any software that is made available to download from the MIS Website ("Software") is the copyrighted work of MIS 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: MIS and/or its Suppliers hereby grant to you a personal, nontransferable license to use the Software for viewing and otherwise using the MIS Website in accordance with this Agreement, and for no other purpose.

Please note that MIS and/or its Suppliers own all Software, including without limitation all HTML code and ActiveX controls, contained in the MIS Website. Copyright laws and international treaty provision 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 MIS Website may contain links and pointers to Internet sites that third parties operate. MIS does not operate or control in any respect any information, products or services on such third-party sites. The MIS 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 MIS Website, you agree to indemnify MIS 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 MIS 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 MIS Website, please contact the chesbank.merchantsinfo.com Customer Support Center by phone at 1-866-SMART68 (866-762-7868).

Modification of these terms and conditions

MIS reserves the right to modify the Agreement at its sole discretion and without notice. Your continued use of the MIS 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. MIS 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. MIS 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 MIS as a result of the Agreement or your use of the MIS Website.

MIS's performance under the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits MIS's right to comply with law enforcement requests or requirements relating either to your use of the MIS Website or the information provided to or gathered by MIS 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 MIS 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.

MIS reserves any rights not expressly granted herein.