Terms of Use

 

  1. Preamble

The User’s use of the Elite Information Service (the “EIS”) and its related websites (collectively referred to as the “Website”) constitutes the User’s acceptance and agreement to be bound by these Terms of Use.  Additional notices and copyright information may also be found on other pages in the Website.  The Website and all its content (“Content”) is provided by Elite Information Services, LLC (“Elite”), and you may use the Website and the Content only pursuant to these Terms of Use.  If the User does not consent to the Terms of Use in its entirety then the User is prohibited from accessing the website.

 

Elite reserves the right to change any of the terms and conditions contained in the Terms of Use at any time and in Elite’s sole discretion.  Any changes will be effective upon posting of the revisions on the Website, notice of which posting will remain on the Website for thirty days.  The User is responsible for reviewing such notices and any applicable changes.

 

CONTINUED USE OF THE WEBSITE FOLLOWING ELITE’S POSTING TO THE WEBSITE OF ANY CHANGES TO THE TERMS OF USE WILL CONSTITUTE ACCEPTANCE OF SUCH CHANGES. IF THE USER DOES NOT AGREE TO THE CHANGES OF THE TERMS OF USE IN THEIR ENTIRETY THEN THE USER IS PROHIBITED FROM ACCESSING THE WEBSITE.

 

  1. License.

The User is given a nonexclusive, nontransferable, revocable, limited license to access and use the website.  The User must use the website and the content pursuant to the Terms of Use (the “License”) and the Privacy Statement.  Elite may terminate the License at any time, for any reason, and without advance notice.

 

  1. Use Limitations.

 

  1. You may use the content of the website to determine a consumer’s or a company’s:
  2. Eligibility for creditworthiness to enter into a contract or a transaction for household goods or services.
  3. Eligibility for creditworthiness to enter into a contract or a transaction for commercial goods or services.
  4. Propensity to repay obligations pursuant to the agreed upon terms of the underlying obligation.
  5. Propensity to honor the terms of contractual obligations including, but not limited to, loans and rental agreements.
  6. Eligibility for insurance.
  7. Eligibility for employment.
  8. Eligibility for government licenses or benefits.
  9. Any reason is specifically set forth in a separate written agreement between the User and Elite.

 

  1. You may not use the content of the website for any unauthorized or illegal purpose including, but not limited to:
  2. Harass, bully or stalk another individual or entity.
  3. To publicize the information to any disinterested person or group for any reason whatsoever.
  4. To facilitate any illegal enterprise.
  5. For any reason not strictly authorized by Subsection 3.A of these Terms of Use.
  6. For any reason whatsoever prohibited by Federal, State or Local law or regulation.

 

Violation of this section will result in immediate termination of the user’s license and potential submission of evidence of any illegal act to the proper law enforcement agencies.

 

  1. The User may not rent, loan, lease, sell, license, sublicense, modify, copy, reproduce, repost, distribute, alter, decompile, reverse engineer or otherwise create derivative works from EIS or the website without express written authorization from Elite.

 

  1. The User may not use any automatic software or other process to monitor or copy the website or the content therein without Elite’s prior written permission. You may not transmit any false, misleading, fraudulent or illegal communications through EIS or the Website.

 

  1. The User may not use or otherwise export the Content or the Website or any portion thereof in violation of any laws or regulations, including the export control laws and regulations of the United States of America. Any unauthorized use of the Website or the Content is prohibited and will result in immediate termination of the user’s license to access the website.

 

  1. The User must fully indemnify Elite for any expenses Elite incurs as a result of the User’s misuse of the website including, but not limited to, legal expenses, settlement disbursements and compliance costs associated with any governmental investigation associated with the User’s misuse of the website.

 

  1. Disclaimer.

Elite disclaims all liability for any member, third party, subscriber or other entity’s postings or communications on the Website.  This limitation includes links to third party websites and the content contained on such websites (collectively, “Communications”), or any action User takes or fails to take as a result of such Communications.  Elite is not responsible and assumes no liability for verifying the reliability or trustworthiness of any Communications.

 

The Website is not intended to be and does not constitute legal advice.  Information posted by the User on the website is not confidential except as set forth in the Privacy Statement and the limitations of use in the Terms of Use.  No interaction by the User with Elite or the website shall be deemed to create an attorney-client relationship. The Content is intended for informational or entertainment purposes in a manner strictly consistent with Section 3 of these Terms and Conditions.

 

Elite is not a debt collector as defined by the Fair Debt Collection Practices Act.  Elite will not accept, collect or distribute any property for any purpose other than from EIS subscribers for access to EIS Content.

 

Elite does not warrant the completeness, timeliness, accuracy or reliability of any website Content. Elite neither represents nor warrants that the website or its Contents will be free of errors, viruses, Trojan horses, worms, spy software, tracking software or anything else of a destructive nature, or that any defects or issues will be corrected or that EIS or the Content will always be accessible. Elite may make improvements and/or changes to the website at any time.

 

Elite makes no representations, warranties or endorsements with respect to any web site which may be accessed from KnowYourCustomers.com or its sub-domains. When you access a non-Elite web site, it is understood that Elite has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other items of a destructive nature.

 

ALL INFORMATION AND CONTENT IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ELITE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO THE USER FOR ANY CAUSE OF ACTION UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY INDIRECT OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, (II) LOST PROFITS, INTERRUPTION OF BUSINESS, SOFTWARE LOSS, PROGRAM LOSS, DATA LOSS AND/OR SERVICE INTERRUPTIONS, OR (III) ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE PAYMENTS YOU MADE TO ELITE IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE UNDERLYING LIABILITY AROSE.

 

  1. Links.

For so long as you are a subscriber to the website, you are granted a limited, non-exclusive right to create a hypertext link to http://www.KnowYourCustomers.com provided you do not portray Elite in a false, misleading, negative or defamatory manner. Elite may revoke such license at any time. You may not use or post EIS trademarks, logos, owned images or other proprietary information without Elite’s express written consent. You are provided no other right or license except as provided herein or specifically set forth in a separate written agreement between Elite and the User.

 

  1. Intellectual Property Rights.

Elite holds valuable patents (including United States Patent # COV.P1100P), trademarks, service marks, logos, designs, titles, images, copyrights and other proprietary items, many of which are used in the website. You are prohibited from using any such items for any purpose other than as contemplated under these Terms of Use or specifically authorized in a separate written agreement between Elite and the User.

 

Elite immediately takes possession of any information you submit to the website. You represent and warrant that you own all right and title to anything you submit to the website prior to submission.  You further represent and warrant that anything you post or upload to the website does not violate the rights of any third party including any third party’s intellectual property rights.  By using the website you give Elite a perpetual, irrevocable, nonexclusive, royalty-free, transferrable, worldwide license to use, authorize use of, make, sell, copy, reproduce, publish, modify, alter, adapt, create derivative works from, combine with other works, translate, distribute, display, perform and sublicense any ideas, expression of ideas, text, graphics, messages, links, data, information and other items or material you submit to the website. Such license is without restrictions of any kind and without any payment due from Elite to you or any third party.  The information you submit to the website may be used by Elite without permission from you or any third party or notification to you or any third party. Nothing you submit to EIS shall be deemed to create any new relationship or alter any existing relationship between you and Elite.

 

Elite may terminate User licenses immediately when the User infringes on or, in Elite’s reasonable estimation may infringe upon, another person’s or entity’s intellectual property rights.  Elite further reserves the right to remove any content that allegedly infringes on a third party’s intellectual property rights.  The User must forward to Elite any notice received from a third party alleging infringement of any person’s or entity’s intellectual property rights.  Such notice should be sent to: 7912 Broadview Road, Broadview Heights, Ohio 44147, attn: Legal Department.

 

  1. Solicitation.

Any advertising and solicitation for products or services through the website and by the User is prohibited without the prior written permission of Elite.

 

  1. Postings.

The User shall not post or provide any information to the website that is unlawful or abusive.  The User is solely responsible for all information provided or posted to the website.  The User shall not put any postings on the website that may, amongst other things, be defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, that may be considered hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the Internal Revenue Service and/or U.S. Securities and Exchange Commission, either intentionally or unintentionally. Elite may delete your postings at any time for any reason without permission from you. You shall not submit anything to the website that may be considered protected under any law, including the Health Insurance Portability and Accountability Act of 1996 or the Health Information Technology for Economic and Clinical Health Act of 2009.

 

Elite has no obligation to monitor or screen anything placed on the website.  Elite is not responsible for any content placed by subscribers, users or other third parties on the website.  Elite may, however, monitor, edit, remove and block anything placed upon the website at any time, with or without cause.

 

Comments, suggestions or materials sent or transmitted to Elite shall be deemed to be non-confidential. Subject to the conditions described on the Privacy Statement, Elite shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including, but not limited to developing and marketing products incorporating such Feedback.

 

  1. Indemnification.

You agree to indemnify, defend and hold Elite and its officers, directors, employees, owners, shareholders, members, agents, affiliates and any third party information harmless from and against all claims, losses, expenses, damages, attorneys’ fees and costs incurred as a result of your violation of these Terms of Use or from or related to anything submitted or posted by you on the website. Your indemnification obligation will survive the termination of your subscription and/or your cessation of use of the website.

 

  1. Illegal Activity.

Elite may take any action it decides appropriate in response to any illegal activity or suspected illegal activity occurring on the website, including reporting and disclosing any information regarding any such activity to law enforcement, regulators, or third parties.

 

  1. Choice of Law and Jurisdiction.

These Terms of Use and your use of the website shall be governed by and interpreted under the laws of the State of Ohio. The parties agree that the Court of Common Pleas, Cuyahoga County, Ohio will retain jurisdiction over any action arising out of or relating to your use of the website, including these Terms of Use and you hereby consent and submit to the exclusive personal jurisdiction of the Court of Common Pleas, Cuyahoga County for the purpose of litigating any such action.

 

  1. Severability; Interpretation.

In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision herein.  The Term of Use shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein. The user of the word “including” in these Terms of Use is meant to be illustrative and not exhaustive so that it means including without limitation the items following.

 

These Terms of Use govern the entire scope of Elite’s relationship with the User unless the User has entered into a separate written agreement with Elite.  If the User has entered into a separate written agreement with Elite, then these Terms of Use are fully incorporated into that written agreement and govern that written agreement unless that written agreement specifically states otherwise.

 

  1. Privacy Statement.

Please refer to the Privacy Statement located at KnowYourCustomers.com.  This Privacy Statement is fully incorporated into the Terms of Use.