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.
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.
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 “藤原效应Subscription藤原效应”). 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.
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
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.
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.
- 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.