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Terms of Service

Welcome to the Dun & Bradstreet Credibility Corp. website (the "Site"). The following Terms of Service govern your use of the information, tools, features, functionality, products and services provided through the Site and constitutes an agreement (the “Agreement”) concerning your legal rights and obligations with respect to Dun & Bradstreet Credibility Corp., its affiliates and subsidiaries (individually and collectively, "we," "us," or "Dun & Bradstreet Credibility Corp."), and of our third party suppliers and marketing partners (our "Third Party Suppliers"). Please read these Terms of Service carefully before using the Site, opening a Dun & Bradstreet Credibility Corp. account ("Account"), or purchasing and/or using products or services offered by Dun & Bradstreet Credibility Corp. (collectively, "DandB Products").

These Terms of Service were last updated on July 11, 2014. To access our previous terms of service, please click here.

BY USING THE SITE, OPENING AN ACCOUNT, OR PURCHASING AND/OR USING DANDB PRODUCTS, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE.

Dun & Bradstreet Credibility Corp. has the right to revise these Terms of Service (including our Privacy Policy, pricing, refund and cancelation policy which are incorporated herein), at any time without providing notice to its users by posting the revised Terms of Service on the Site. Your continued use of the Site, any of the DandB Products, or your Account, after any changes to these Terms of Service have been posted, shall be deemed your irrevocable acceptance of those revisions.

Dun & Bradstreet Credibility Corp. reserves the right to change, modify, suspend or discontinue all or any portion of the Site or any of the DandB Products, in its sole discretion, at any time. Dun & Bradstreet Credibility Corp. may also impose limits on certain features or restrict your access to parts of or the entire Site in its sole discretion and without notice or liability.

Dun & Bradstreet Credibility Corp. reserves the right to refuse to provide you access to the Site or to allow you to open an Account or purchase and/or use DandB Products for any reason.

If you do not agree with these Terms of Service, you have up to 30 days from the date of your purchase of the DandB Products to call customer service at 866-584-0283 for a refund. Please see the Dun & Bradstreet Credibility Corp. Refund & Cancelation policy for purchases at www.dandb.com/refund-policy/ for more information. 

PRIVACY

Your privacy is very important to us at Dun & Bradstreet Credibility Corp. We have provided the Dun & Bradstreet Credibility Corp. Privacy Policy to explain our privacy practices in detail.

LIMITED LICENSE

Dun & Bradstreet Credibility Corp. grants you a limited license to access and use the Site and any of the DandB Products for your personal use, subject to all the terms and conditions of these Terms of Service. However, this license does not allow you to make any commercial use or any derivative use of the Site (including any of its individual elements or content) or any of the DandB Products. You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site or create a link to the Site accessing such elements or materials, including without limitation, Dun & Bradstreet Credibility Corp.'s trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, or the layout and design of any page or form contained on a page) without Dun & Bradstreet Credibility Corp.'s prior written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a Dun & Bradstreet Credibility Corp. name, trademark, URL, or product name without Dun & Bradstreet Credibility Corp.'s prior written consent.

DandB Products, including any data and/or reports included therein, are licensed to you for your internal use only. You may use DandB Products solely as one factor in your credit, insurance, marketing or other business decisions, and you agree you will not use any DandB Product to determine an individual consumer's eligibility for (i) credit or insurance to be used primarily for personal, family, or household purposes, (ii) employment, or (iii) any other purpose that is not expressly authorized under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq.

You agree not to reproduce, reveal, or make available DandB Products in whole or part to anyone, except as may be specifically required by law. You acknowledge that DandB Products are subject to copyrights and other proprietary rights of Dun & Bradstreet Credibility Corp. and you agree you will not commit or permit any act, or omit to commit or permit any act that would impair such rights.

No part of the Site may be reproduced, modified, or distributed in any form or manner without the prior written permission of Dun & Bradstreet Credibility Corp.; provided no such permission is necessary in connection with the fair use of excerpts of freely available (i.e., available to any visitor to the Site without any requirement of registration or payment of fees) factual information on the Site regarding descriptions of Dun & Bradstreet Credibility Corp. and its products and services, and provided such use is in accordance with the United States' copyright laws.

You may not robotically or otherwise automatically harvest, scrape, extract, copy, access or collect any information or data from the Site.

ACCOUNTS AND SECURITY

To use aspects of the Site, you must register with Dun & Bradstreet Credibility Corp. to open an Account. As part of the registration process, each user will submit his or her email address and select a password. You shall provide Dun & Bradstreet Credibility Corp. with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Account. You promise you will not (i) select or use the email address of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use an email address that Dun & Bradstreet Credibility Corp., in its sole discretion, deems inappropriate or offensive; or (iv) breach any representation, warranty or promise made by you in these Terms of Service regarding your Account.

You agree to immediately notify Dun & Bradstreet Credibility Corp. of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by others using the Site, your email address and password. Dun & Bradstreet Credibility Corp. is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

Dun & Bradstreet Credibility Corp. may immediately terminate your Account, or suspend your access to your Account, in its sole discretion and, without notice, for conduct that Dun & Bradstreet Credibility Corp. believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of these Terms of Service or any other policies or guidelines posted by Dun & Bradstreet Credibility Corp.; or (iii) harmful to other users, third parties, or the business interests of Dun & Bradstreet Credibility Corp. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against Dun & Bradstreet Credibility Corp., or a claim which in any way involves Dun & Bradstreet Credibility Corp., then Dun & Bradstreet Credibility Corp. may terminate your Account. Upon termination of your Account by Dun & Bradstreet Credibility Corp. for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) Dun & Bradstreet Credibility Corp. will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.

You may only use the Site and/or open an Account if your applicable jurisdiction allows you to accept these Terms of Service.

DISCLAIMER

THE SITE, THE DANDB PRODUCTS AND THE DATA, INFORMATION, PRODUCTS, SERVICES AND/OR PROGRAMS PROVIDED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE D&B CREDIBILITY ONLINE DIRECTORY (THE "INFORMATION") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL STATUTORY AND OTHER IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARE HEREBY DISCLAIMED INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NEITHER DUN & BRADSTREET CREDIBILITY CORP. NOR ITS THIRD PARTY SUPPLIERS MAKE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE SITE, THE DANDB PRODUCTS OR ANY INFORMATION PROVIDED ON THE SITE OR ON THE D&B CREDIBILITY ONLINE DIRECTORY. NEITHER DUN & BRADSTREET CREDIBILITY CORP. NOR ITS THIRD PARTY SUPPLIERS WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE DANDB PRODUCTS OR THE INFORMATION AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE, THE DANDB PRODUCTS OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE INFORMATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUN & BRADSTREET CREDIBILITY CORP., ITS AFFILIATES, THIRD PARTY SUPPLIERS, LICENSORS AND BUSINESS PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE "RELATED PARTIES") SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF DUN & BRADSTREET CREDIBILITY CORP. AND/OR ANY OF THE RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (II) THE USE OR THE INABILITY TO USE THE SITE OR ANY OF THE DANDB PRODUCTS, OR (III) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE ENTIRE LIABILITY OF DUN & BRADSTREET CREDIBILITY CORP. OR ANY OF THE RELATED PARTIES TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNT THAT YOU PAID TO DUN & BRADSTREET CREDIBILITY CORP. OR ITS DESIGNEES FOR THE APPLICABLE DANDB PRODUCT OR $5,000, WHICHEVER IS GREATER.

YOUR SOLE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR ANY OF THE DANDB PRODUCTS IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITE AND THE DANDB PRODUCTS.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you. In such states or jurisdictions, the liability of Dun & Bradstreet Credibility Corp. and its Related Parties shall be limited to the fullest extent permitted by law.

LINKS TO THIRD PARTY SITES

The links provided throughout the Site will let you leave the Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Dun & Bradstreet Credibility Corp. in any manner whatsoever and are not otherwise covered by these Terms of Service. Therefore, Dun & Bradstreet Credibility Corp. is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Dun & Bradstreet Credibility Corp. is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Dun & Bradstreet Credibility Corp. of any linked site and/or any of its content therein.

RIGHTS OF THIRD PARTIES

Dun & Bradstreet, Inc., and each other Third Party Supplier and Related Party is a third party beneficiary of these Terms of Service.

TERM; CANCELATION; REFUNDS; RENEWALS;

The license for use of the Site is effective until terminated. This license will terminate as set forth within these Terms of Service or if you fail to comply with any of the terms and conditions of these Terms of Service. In such event, no notice shall be required by Dun & Bradstreet Credibility Corp. to effect such termination. Except for information provided in DandB Products furnished for a one time use and the VERIFIED services, information provided in all other DandB Products furnished hereunder may be used throughout the continuous 12 month period commencing thirty (30) days from the date provided to you under these Terms of Service.  The VERIFIED services may be used for a period of 12 months following the date of the last verification performed by Dun & Bradstreet Credibility Corp.

Please refer to the Dun & Bradstreet Credibility Corp.'s Refund & Cancelation policy for purchases at www.dandb.com/refund-policy/. Any refunds will be issued by way of the same method of payment as the original payment.

The license for use of a DandB Products shall terminate immediately upon the expiration or cancellation of your subscription and you shall have no further rights to use such DandB Products.  To the extent any Third Party Service has been bundled or otherwise included with the DandB Product you have purchased, your right to use such Third Party Service will expire on the earlier of (i) the expiration or cancellation of your subscription to the DandB Product, or (ii) the expiration or termination of Dun & Bradstreet Credibility Corp.’s agreement with the applicable Third Party Partner.  In addition, to the extent Dun & Bradstreet Credibility Corp. has resold or otherwise provided you with a Third Party Service other than through a bundle, your right to use such Third Party Service is subject to the applicable Third Party Partner’s terms relating to expiration, termination or cancellation.  You agree that if you purchase any DandB Products provided pursuant to a monthly subscription, including without limitation any SelfMonitor product, you must commit to a minimum of three months of service. You further agree that if you cancel this D&B Products prior to fulfilling the minimum commitment, you will be charged for and agree to pay for the three months of service. All DandB Products purchased on a monthly subscription shall automatically renew at the end of the initial three month term and your credit card will be charged the applicable monthly subscription fee, unless you call customer service prior to the end of the then-current term and cancel your subscription. All DandB Products provided pursuant to an annual subscription shall automatically renew at the end of each annual term on either an annual or month-to-month basis, at Dun & Bradstreet Credibility Corp.'s sole discretion, and your credit card will be charged the applicable annual subscription fee (if automatically renewed on an annual basis at our sole discretion) or monthly subscription fee (if automatically renewed on a monthly basis at our sole discretion), unless you call customer service at the end of the then-current term and cancel your subscription. If the credit card used to purchase any DandB Products subscriptions reaches its expiration date and you do not edit this credit card’s information and your account has not otherwise been cancelled by Dun & Bradstreet Credibility Corp. (see Dun & Bradstreet Credibility Corp.'s Refund & Cancellation policy), you authorize Dun & Bradstreet Credibility Corp. or our Third Party Suppliers to update your credit card information and bill such credit card and you will continue to remain responsible for any uncollected amounts. You may contact customer service at (855) 444-3091.

USE OF THE SITE

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Dun & Bradstreet Credibility Corp., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. Dun & Bradstreet Credibility Corp. does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Dun & Bradstreet Credibility Corp. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.

You agree not to:

  • use any of the DandB Products to support investment decision making;
  • use any of the DandB Products as a substitute for traditional risk management and marketing services, it being understood that the DandB Products are designed for the needs of small businesses and are not intended to be used by larger organizations as a substitute for traditional risk management and marketing services;
  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • use the Site to harm minors in any way;
  • use the Site to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
  • remove any proprietary notices from the Site;
  • cause, permit or authorize the modification, creation of derivative works, or translation of the Site without the prior written permission of Dun & Bradstreet Credibility Corp.;
  • use the Site for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
  • use the Site or DandB Products for fraudulent purposes;
  • attempt to decompile, reverse engineer, disassemble or hack the Site, or to defeat or overcome any encryption technology or security measures implemented by Dun & Bradstreet Credibility Corp. with respect to the Site, or any of the DandB Products and/or data transmitted, processed or stored by Dun & Bradstreet Credibility Corp.;
  • harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Site or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site;
  • use the Site to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • use the Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • use the Site to "stalk" or otherwise harass another; and/or
  • use the Site to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.


You acknowledge and agree that by posting any content on, through or in connection with Dun & Bradstreet Credibility Corp., including without limitation, its services, products, website, affiliates, partners, Third Party Services, or employees, you are granting Dun & Bradstreet Credibility Corp. a limited license to use, modify, delete, publicly display, reproduce or distribute such content and your association with such content, which may include name and likeness, solely on, through or in connection with Dun & Bradstreet Credibility Corp. and dandb.com.

You acknowledge that Dun & Bradstreet Credibility Corp. may or may not pre-screen Content, but that Dun & Bradstreet Credibility Corp. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available on the Site. Without limiting the foregoing, Dun & Bradstreet Credibility Corp. and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Dun & Bradstreet Credibility Corp. or submitted to Dun & Bradstreet Credibility Corp., including without limitation information in Dun & Bradstreet Credibility Corp. message boards and in all other parts of the Site.

You acknowledge, consent and agree that Dun & Bradstreet Credibility Corp. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Dun & Bradstreet Credibility Corp., its users and the public.

You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

VIOLATION OF OUR TERMS OF SERVICE

If you believe a user on the Site has violated these Terms of Service, please contact us at 855-444-3091.

YOUR REPRESENTATIONS AND WARRANTIES

  • you possess the legal right and ability to enter into these Terms of Service and to comply with its terms;
  • you will use the Site and DandB Products for lawful purposes only and in accordance with these Terms of Service and all applicable laws, regulations and policies; and
  • you will only use the Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner.


INDEMNITY

You agree to indemnify, defend and hold harmless Dun & Bradstreet Credibility Corp., and each Related Party (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of these Terms of Service or any policy or guidelines referenced herein, (ii) use or misuse of the Site, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or any of the DandB Products, (iv) your use or disclosure of another person's personal, financial or credit information or (v) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the Content that you post on the Site or transmit through the use of any of the DandB Products.

SEVERABILITY

If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

COPYRIGHT

The Site includes copyrighted and copyrightable materials, including, without limitation, the Dun & Bradstreet Credibility Corp. trademark, logo, design, text, graphics, forms and any other applicable materials, including the selection and arrangement of such elements (collectively, the "Materials"). In addition, the entire Site is copyrighted as a collective work under the United States and other copyright laws. Dun & Bradstreet Credibility Corp. holds the copyright in the collective work. The collective work includes works that are licensed to Dun & Bradstreet Credibility Corp. by its Third Party Suppliers. The collective work may also include works that are the property of Dun & Bradstreet Credibility Corp.'s licensors, which are also protected by copyright and other intellectual property laws.

Certain of the DandB Products contain or utilize information proprietary to Dun & Bradstreet Credibility Corp. or its Third Party Suppliers and comprises or may comprise:(a) works of original authorship, including compiled information containing an arrangement and coordination and expression of such information or pre-existing material created, gathered or assembled; (b) confidential and trade secret information; and (c) information that has been created, developed and maintained by Dun & Bradstreet Credibility Corp. or its Third Party Suppliers at great expense of time and money, such that misappropriation or unauthorized use by others for commercial gain would unfairly or irreparably harm Dun & Bradstreet Credibility Corp. or its Third Party Suppliers. You agree that you will not commit or permit any act or omission by your agents, employees, or any third party that would impair Dun & Bradstreet Credibility Corp.'s or its Third Party Suppliers' copyright or other proprietary and intellectual rights in the DandB Products. You will not use any Dun & Bradstreet Credibility Corp. or its Third Party Suppliers trade names, trademarks, service marks or copyrighted materials in listings or advertising in any manner without the prior written approval of Dun & Bradstreet Credibility Corp. You shall reproduce Dun & Bradstreet Credibility Corp.'s or its Third Party Suppliers' copyright notice and proprietary rights legend on all authorized copies of DandB Products.

TRADEMARKS

All trademarks, service marks, logos, trade names, and any other proprietary designations of Dun & Bradstreet Credibility Corp. used herein are trademarks or registered trademarks of Dun & Bradstreet Credibility Corp. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

COPYRIGHT INFRINGEMENT

If you believe that any content on the Site infringes upon your intellectual property rights, please contact us at 855-444-3091. In order for us to assist you accordingly, please provide your name, the work you believe has been infringed along with any relevant registration numbers, identification of the work on the Site that you believe infringes your work, your contact information, confirmation that you have a good faith belief that the material you are concerned about was not authorized by the rights owner, confirmation that the information you are submitting to Dun & Bradstreet Credibility Corp. is accurate and under penalty of perjury you are authorized to act on behalf of the rights holder, and your signature where applicable. 

PROVISIONS APPLICABLE TO SPECIFIC DANDB PRODUCTS

Dun & Bradstreet, Inc.

You acknowledge that all information (the "D&B Inc. Information") furnished by the third party, Dun & Bradstreet, Inc. ("D&B Inc.") as part of a DandB Products is licensed for your internal use only within the United States and/or Canada. Regardless of the form or format in which the D&B Inc. Information is furnished, none of the D&B Inc. Information may be made available by you in whole or in part to any third party. You agree that you will not duplicate any magnetic tapes, disks, diskettes and other machine readable media in any form or manner whatsoever, except that you may make one copy solely for backup purposes.

Upon expiration or termination of an order with respect to a particular DandB Products that contains any D&B Inc. Information, you shall immediately delete, destroy or return all originals and copies of any D&B Inc. information, unless you are otherwise instructed by Dun & Bradstreet Credibility Corp.; and upon request, provide Dun & Bradstreet Credibility Corp. with certification thereof.

Dun & Bradstreet Credibility Corp. is not affiliated with D&B Inc., except that Dun & Bradstreet Credibility Corp. is an authorized distributor and reseller of products and information provided by D&B Inc., and as such, D&B Inc. is an express third party beneficiary (as a Third Party Supplier) under these Terms of Service. You agree that D&B Inc. may, in its own name or in Dun & Bradstreet Credibility Corp.'s name, enforce these Terms of Service against you; that you agree that you will look only to Dun & Bradstreet Credibility Corp. and not to D&B Inc. for performance of its obligations in connection with the DandB Products purchased by you hereunder.

If you have purchased a DUNS Listed or DUNS Registered products (a "DUNS Seal") you acknowledge and agree that D&B Inc. will perform daily validations on your business file, and that D&B Inc. may disable and/or discontinue the availability of your DUNS Seal if it determines, in accordance with its own internal processes and standards, that the subject business is out of business, presents a risk of potential fraudulent activity or has filed for Chapter 7 bankruptcy. In the event of fraud risk or Chapter 7 bankruptcy D&B Inc. will disable and/or discontinue the availability of the applicable DUNS Seal immediately and notify you at the email address you provided upon product purchase. If D&B Inc. determines your business is out of business, D&B Inc. will notify you at the email address you provided upon product purchase and give you an opportunity to verify that your business is still active. If you are unable to provide such verification within the time frame set forth in such notice, then D&B Inc. will disable and/or discontinue the availability of the applicable DUNS Seal. If D&B Inc. disables and/or discontinues the availability of your DUNS Seal, it will discontinue billing you for the DUNS Seal starting with the next monthly billing cycle after the DUNS Seal is disabled or discontinued.

You represent and warrant that the information you have submitted to D&B Inc. in connection with your application for a DUNS Seal or otherwise is true and correct, that you have the right to possess and use all such data, and that you will not use the DUNS Seal or any other D&B Inc. or DandB Products in an unauthorized manner or in connection with any unfair or deceptive practices.

With respect to any information you submit in connection with your DUNS Seal or otherwise, you, not D&B Inc. or Dun & Bradstreet Credibility Corp., have sole responsibility for the accuracy, quality, completeness, appropriateness, and intellectual property ownership of, as well as any data protection obligations regarding, all such information. By submitting any information to us, you represent and warrant that such submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights. In addition, neither D&B Inc. nor Dun & Bradstreet Credibility Corp. is responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of the information you submit. You hereby grant a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or any third parties.

CreditAssist Service

If you have opted to purchase the Credit Assist service, you acknowledge and agree that Dun & Bradstreet Credibility Corp. can only assist you with submitting a request to D&B Inc. on your behalf to update, fix, dispute or otherwise modify information currently in your company’s business credit profile. Dun & Bradstreet Credibility Corp. does not make any guarantees as to any actions taken or not taken by D&B Inc. after such request has been submitted by Dun & Bradstreet Credibility Corp.  

VERIFIED Service

If you have selected and qualify for a VERIFIED service or purchased a VERIFIED service which includes a VERIFIED seal, certificate and/or sticker (collectively, a "VERIFIED Seal") you acknowledge and agree that Dun & Bradstreet Credibility Corp. will perform an annual validation on your business file, and that Dun & Bradstreet Credibility Corp. may disable and/or discontinue and/or revoke the availability or display of your VERIFIED Seal if it determines, in accordance with its own internal processes and standards, that the subject business is out of business or has provided noncurrent or inaccurate business information. If Dun & Bradstreet Credibility Corp. determines your business information is not accurate, Dun & Bradstreet Credibility Corp. will notify you at the email address you provided to us and give you an opportunity to verify or update your business information. If you are unable to provide such verification within the time frame set forth in the notice, then Dun & Bradstreet Credibility Corp. will disable and/or discontinue and/or revoke the availability of the applicable VERIFIED Seal (if any). Notwithstanding the foregoing, you acknowledge and agree that Dun & Bradstreet Credibility Corp. has no obligation to monitor or investigate the accuracy of any business information you provide.  If Dun & Bradstreet Credibility Corp. disables and/or discontinues and/or revokes the availability of the VERIFIED Seal associated with the DandB Products you have purchased, it will discontinue billing you for the VERIFIED Seal starting with the next annual billing cycle after the VERIFIED Seal is disabled or discontinued or revoked following completion of any required minimum subscription period.

You represent and warrant that the information you have submitted to Dun & Bradstreet Credibility Corp. in connection with your application for a VERIFIED Seal or otherwise is true and correct, that you have the right to possess and use all such data, and that you will not use the VERIFIED Seal or any other D&B Inc. or DandB Products in connection with any unfair or deceptive practices.

With respect to any information you submit in connection with your VERIFIED Seal or otherwise, you, not D&B Inc. or Dun & Bradstreet Credibility Corp., have sole responsibility for the accuracy, quality, completeness, appropriateness, and intellectual property ownership of, as well as any data protection obligations regarding, all such information. By submitting any information to us, you represent and warrant that such submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights. In addition, neither D&B Inc. nor Dun & Bradstreet Credibility Corp. is responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of the information you submit. You hereby grant a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, store, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or any third parties.

Dun & Bradstreet Credibility Corp. grants you, subject to all of the terms and conditions of these Terms of Service, a revocable, non-exclusive, non-transferable personal license to use, reproduce and display the VERIFIED Seal provided to you by Dun & Bradstreet Credibility Corp. in accordance with the applicable DandB Products (including, without limitation, display of the VERIFIED Seal on your websites, landing pages, blogs and social media properties, in print and broadcast advertising and business directory listings, and on business cards, fax cover sheets, stationery and invoice forms associated with your business and on buildings and vehicles used in connection with your business operations) and any manuals or other documents relating to the above insofar as is necessary for you to utilize the applicable DandB Products. You agree, except as expressly permitted in these Terms of Service, you will not copy, display, enhance, adapt or modify in any or attempt to do the same to any VERIFIED Seal, or any documents or manuals relating to the same, without Dun & Bradstreet Credibility Corp.’s prior written consent and will also immediately cease use of the VERIFIED Seal at the request of Dun & Bradstreet Credibility Corp.

Company Update and Concierge

If you have opted to use the Company Update service, you acknowledge and agree that, Dun & Bradstreet Credibility Corp. will solely transfer the information you submit through the Company Update service to D&B, Inc. on your behalf, to update, fix, dispute or otherwise modify information currently in your company’s business credit profile. Dun & Bradstreet Credibility Corp. does not make any guarantees as to any actions taken or not taken by D&B Inc. after such request has been submitted by Dun & Bradstreet Credibility Corp.

The information and advice provided by Dun & Bradstreet Credibility Corp. on the Site, in marketing, product and other material furnished to you and by its Credit Advisors during business credit counseling sessions is provided "as-is." Dun & Bradstreet Credibility Corp. makes no representations or warranties, express or implied, with respect to such information and the results of the use of such information, including but not limited to implied warranty of merchantability and fitness for a particular purpose. Neither Dun & Bradstreet Credibility Corp. or any of its parents, subsidiaries, affiliates, Third Party Suppliers or their respective partners, officers, directors, employees or agents shall be held liable for any damages, whether direct, indirect, incidental, special or consequential, including but not limited to lost revenues or lost profits, arising from or in connection with a business's use or reliance on the information or advice given during any counseling session. 

D&B Credibility Review Service

If you have selected one of our D&B Credibility Review products, you acknowledge and agree that Dun & Bradstreet Credibility Corp. may remove your listing from Dun & Bradstreet Credibility Corp.’s online business Directory (the “D&B Credibility Online Directory”) and disable the link in the D&B Credibility Online Directory to your website (the “DandB Link”) if it determines, in accordance with its own internal processes and standards, that the subject business is out of business or has provided noncurrent or inaccurate information about its business. If Dun & Bradstreet Credibility Corp. determines your information is not accurate, Dun & Bradstreet Credibility Corp. will notify you at the email address you provided to Dun & Bradstreet Credibility Corp. and give you an opportunity to verify or update your business information. If you are unable to provide such verification within the time frame set forth in the notice, then Dun & Bradstreet Credibility Corp. will remove your listing from the D&B Credibility Online Directory and disable the DandB Link. Notwithstanding the foregoing, you acknowledge and agree that Dun & Bradstreet Credibility Corp. has no obligation to monitor or investigate the accuracy of any business information you provide.  If Dun & Bradstreet Credibility Corp. removes your listing from D&B Credibility Online Directory and disables the DandB Link, it will discontinue billing for the D&B Credibility Review product starting with the next billing cycle after the listing is removed and the DandB Link is disabled following completion of any required minimum subscription period.

You represent and warrant that the information you have submitted to Dun & Bradstreet Credibility Corp. in connection with your purchase of a D&B Credibility Review product is true and correct, that you have the right to possess and use all such data, and that you will not use the D&B Credibility Online Directory or any other D&B Inc. or DandB Products in connection with any unfair or deceptive practices.

With respect to any information you submit in connection with your purchase of a D&B Credibility Review product, you, not D&B Inc. or Dun & Bradstreet Credibility Corp., have sole responsibility for the accuracy, quality, completeness, appropriateness, and intellectual property ownership of, as well as any data protection obligations regarding, all such information. By submitting any information to us, you represent and warrant that such submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights. In addition, neither D&B Inc. nor Dun & Bradstreet Credibility Corp. is responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of the information you submit. You hereby grant a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to (i) copy, prepare derivative works of, improve, distribute, publish, remove, store, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or any third parties and (ii) establish and maintain a link to your website from the D&B Credibility Corp. Online Directory.

Dun & Bradstreet Credibility Corp. grants you, subject to all of the terms and conditions of these Terms of Service, a revocable, non-exclusive, non-transferable personal license to use, reproduce and display the “D&B Credibility Review Badge” (the “Review Badge”) provided to you by Dun & Bradstreet Credibility Corp. in accordance with the applicable DandB Products (including, without limitation, display of the Review Badge on your websites, landing pages, blogs and social media properties, in print and broadcast advertising and business directory listings, and on business cards, fax cover sheets, stationery and invoice forms associated with your business and on buildings and vehicles used in connection with your business operations) and any manuals or other documents relating to the above insofar as is necessary for you to utilize the applicable DandB Products. You agree, except as expressly permitted in these Terms of Service, you will not copy, display, enhance, adapt or modify in any or attempt to do the same to the Review Badge, or any documents or manuals relating to the same, without Dun & Bradstreet Credibility Corp.’s prior written consent and will also immediately cease use of the Review Badge at the request of Dun & Bradstreet Credibility Corp.

Third Party Services

Dun & Bradstreet Credibility Corp. works with various third parties, including the third parties listed at the link below, in various collaborative capacities, including, in certain cases, the promotion and/or resale of products and/or services offered by them (such parties, the "Third Party Partners" and (such products and services, the “Third Party Services”).  In addition, on occasion, Dun & Bradstreet Credibility Corp. may bundle certain Third Party Services with some of its own products and services for either no additional charge or for such additional charge as is disclosed at the point of sale.  You are not obligated to purchase or, if bundled, use the Third Party Services.  In connection with its collaboration with the Third Party Partners, Dun & Bradstreet Credibility Corp. may provide your name and certain contact information to the Third Party Partners, and the Third Party Partners may thereafter contact you from time to time regarding the Third Party Services or to offer you other products or services as provided on their respective privacy policies and terms of service. Where applicable, in cases where Dun & Bradstreet Credibility Corp. resells, bundles, or otherwise offers Third Party Services, either in connection with your purchase of a DandB Product or otherwise, your acceptance of these terms and conditions also signifies your agreement to, and acceptance of, the applicable Third Party Partner’s terms of service (including any terms relating to minimum purchase or subscription commitment and automatic renewal), links to certain of which can be found at http://www.dandb.com/third-party-terms-service. Any Third Party Partner may further condition your use of the applicable Third Party Services upon your express acceptance of and agreement to the Third Party Partner's terms. All Third Party Services are provided on an “as-is” basis.  Dun & Bradstreet Credibility Corp. is not responsible for and does not endorse or accept any responsibility for the availability or content of any Third Party Services or any Third Party Partner websites, and makes no guarantee or warranty of any kind, whether express or implied, statutory or otherwise with respect to the Third Party Services.  Additionally, with respect to any purchase of Microsoft Office 365 products, you will be responsible for any ongoing subscription fees.  With respect to any purchase of SmartShoot services provided pursuant to a monthly subscription, you must commit to a minimum of six months of service.  You further agree that if you cancel the SmartShoot services prior to fulfilling the minimum commitment, you will be charged for and agree to pay for the six months of service. All SmartShoot Services purchased on a monthly subscription shall automatically renew at the end of the initial six month term and your credit card will continue to be charged the applicable monthly subscription fee on a month-to-month basis, unless you call customer service prior to the end of the then-current term and cancel your subscription. With respect to the BidEdge product, the BidEdge product update-frequency is dependent upon the search parameters you choose. If you choose to opt-out of receiving such email updates, then you are opting out of the product generally. You will not receive a refund, if applicable, if you opt out, but you may opt back into receiving the applicable notifications anytime during the term of your product purchase. BidEdge is a white-labeled Third Party Product provided in conjunction with a Third Party Partner, Onvia, Inc. All the information provided through the BidEdge product is provided on an as-is basis. Dun & Bradstreet Credibility Corp. makes no warranties about the accuracy, reliability, completeness or timeliness of such information or the BidEdge product. By using the BidEdge product you are also agreeing to Onvia’s third party Terms of Service Agreement which can be found at http://www.dandb.com/third-party-terms-service

CreditAlert, CreditAlert Plus and CreditSignal

CreditAlert, CreditAlert Plus and CreditSignal products provide weekly or monthly email updates, once your business; D-U-N-S number has been established. If you choose to opt-out of receiving such email updates, then you are opting out of the products generally. You will not receive a refund, if applicable, if you opt out, but you may opt back into receiving the applicable notifications anytime during the term of your product purchase.  The CreditAlert Plus product is provided as a bundle with a Third Party Partner's product and is only active through the earlier of (i) the expiration or termination of your subscription to the Third Party Partner’s product with which it was offered or (ii) the expiration or termination of Dun & Bradstreet Credibility Corp.’s agreement with such Third Party Partner. The applicable Third Party Partner’s terms of service agreement can be found at http://www.dandb.com/third-party-terms-service.

Business Advantage or Risk Advisor Subscription Service

If you cancel your Business Advantage or Risk Advisor subscription service after the first ninety days, you will be charged the full retail price for SelfMonitor or CreditBuilder products that you have ordered. The full annual coverage of these products will still be provided.

Annual and Monthly Service for SelfMonitor, CreditMonitor, CreditBuilder, CreditAlert and Trade Reference Add-ons

There is a 365 day period (from purchase) during which you may add your trade references to your credit file. For trade reference "Add-Ons", there is also a 365 day period (from purchase) in which you may add your trade references to your credit file. Trade Reference “Add-ons” can only be purchased for Concierge Services that have been purchased in conjunction with the CreditBuilder product.

All trade references must be verified. Unverified trade references do not count toward your allotted amount. Ineligible trade references will also not count toward your allotted amount. Trade references not entered in a prior period may be entered at a later date not to exceed 365 days from purchase date. D&B Inc. reserves the right to determine what is considered a valid trade reference at its sole discretion. For example, international trade references will not be considered a valid trade reference by D&B Inc. and therefore will not be verified. It is possible that you may purchase a SelfMonitor or CreditBuilder product or another product that allows trade references and be unable to add any of your trade references. As such, all products that allow trade references to be added are provided to you "as is" and we specifically disclaim any express or implied warranties or representations related to trade references.  For more information about trade references, see http://www.dandb.com/glossary/trade-references/.

LeadAdvisor

If you have opted to purchase the LeadAdvisor service, certain Supplemental Terms of Service apply to you. In addition, you acknowledge and agree that Dun & Bradstreet Credibility Corp. does not guarantee the accuracy of the information contained in the leads, or in the accuracy of the Lead Rating Score. The lead information provided by Dun & Bradstreet Credibility Corp. through its LeadAdvisor service is provided “as-is.” Dun & Bradstreet Credibility Corp. and its parents, subsidiaries, affiliates or their respective partners, officers, directors, employees or agents make no representations or warranties, express or implied, with respect to such information and the results of the use of such information, including but not limited to implied warranty of merchantability and fitness for a particular purpose. For LeadAdvisor purchases, the leads reports are static and will be stored for you to view in your Account for up to one year from the original purchase date. All LeadAdvisor subscriptions will auto-renew on a yearly basis unless you call customer service at the end of the then-current term and cancel your subscription. Please see the Dun & Bradstreet Credibility Corp. Refund & Cancelation policy for purchases and www.dandb.com/refund-policy/ for more information.

D-U-N-S File

D-U-N-S® Number delivery will occur 5 business days after product purchase. Dun & Bradstreet Credibility Corp. reserves the right to disapprove issuance of a D-U-N-S Number to any business.

Delivery of a credit report will occur within 5 business days of the purchase of the product.

Issuance of the report is dependent on the participation and completion of a business verification interview.

DNBi CreditAdvisor, Comprehensive Insight Plus Report, Premier Gold and Concierge Service (and legacy products: BusinessScope, ImageScope, ActivityScope, MonitoringScope, Credit Essentials and Marketing Assistant

Depending on the DandB Products you purchase, you may have up to 12 months from the date of your purchase to pull and/or refresh credit reports on other companies or organizations. For certain DandB Products purchases, such as ImageScope, MonitoringScope, BusinesScope and ActivityScope, you will receive an updated copy of your report through an alert summary at the end of each quarter.

DNBi Credit Advisor

You have up to 12 months from the date of your purchase of DNBi Credit Advisor to pull a copy of a report. The report will be updated on a continuous basis and will display the most-up-to-date information each time you log in throughout the duration of your 12 month term for 1 pack, 5 pack, or 15 pack purchases. Any purchased report(s) not pulled within the 12 months’ time period from the date of purchase will expire and will not rollover into the following 12 month period. All package report subscriptions will auto-renew on a yearly basis unless you call customer service at the end of the then-current term and cancel your subscription. Please see the Dun & Bradstreet Credibility Corp. Refund & Cancelation policy for purchases at www.dandb.com/refund-policy/ for more information.

Single Business Information Report, and Credit eValuator Plus Report Purchases

For single report purchases, the report is static and will be stored for you to view in your Account for up to 6 months from the original purchase date.  All single reports are purchased on a subscription basis and will auto-renew on a yearly basis on the same basis unless you call customer service at the end of the then-current term and cancel your subscription. Please see the Dun & Bradstreet Credibility Corp. Refund & Cancelation policy for purchases at www.dandb.com/refund-policy/ for more information.

Package Business Information Report, Credit eValuator Plus Report and Comprehensive Insight Plus Report

For package report subscription purchases, you have up to 12 months from the purchase date to pull all reports in the package. In addition, a copy of the static report will be stored for you on the Site for up to 6 months from the purchase date of the package.  All reports expire on the date which is 12 months from the original date of purchase regardless of the date in which the report was pulled. Any purchased report(s) not pulled within the 12 months’ time period from the date of purchase will expire and will not rollover into the following 12 month period. All package report subscriptions will auto-renew on a yearly basis unless you call customer service at the end of the then-current term and cancel your subscription. Please see the Dun & Bradstreet Credibility Corp. Refund & Cancelation policy for purchases at www.dandb.com/refund-policy/ for more information.

Premier Gold

You have up to 12 months from the date of purchase to let us know which vendor(s) you would like us to send a copy of your credit report to. 

Inquiries

Inquiries are requests that D&B receives from businesses interested in your company’s credit file. Dun & Bradstreet Credibility Corp. makes no representations and warranties with regard to the inquiry numbers provided by D&B and has no control over such numbers. Although the specific name of the inquiring company will not be displayed, you can see the industry in which D&B provides the inquiring business originates. 

Customer Service

You may elect to have a customer service representative act as your agent with regard to your product or services. Dun & Bradstreet Credibility Corp. does not guarantee the accuracy or results of such customer service representative assistance which is provided “as-is.” Dun & Bradstreet Credibility Corp. and its parents, subsidiaries, affiliates or their respective partners, officers, directors, employees or agents make no representations or warranties, express or implied, with respect to such assistance and the results of the use of such assistance, including but not limited to implied warranty of merchantability and fitness for a particular purpose.

SUPPLEMENTAL INFORMATION

If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contact us at: 855-444-3091.

Under California Civil Code Section 1789.3, residents of California who hold an Account are entitled to the following specific consumer rights information: If you are unable to receive the information you are seeking, or resolve a complaint you may have regarding the services available through the Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210. 

THE FOLLOWING IS APPLICABLE TO NEW PURCHASES OF DANDB PRODUCTS AS OF JANUARY 23, 2013 AND USES OF THE SITE:

DISPUTE RESOLUTION AND ARBITRATION; GOVERNING LAW

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH MANDATORY ARBITRATION WITH A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

THE ENFORCEABIITY OF THIS AGREEMENT IS GOVERNED BOTH PROCEDURALLY AND SUBSTANTIVELY BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1-9 (“FAA”), TO THE MAXIMUM EXTENT PERMITTED BY LAW.  WITH THAT EXCEPTION, THIS AGREEMENT OTHERWISE WILL BE SUBSTANTIVELY CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.

(a) Arbitration Terms. You agree that any dispute or claim arising out of or in any way relating to (1) the Terms of Service, (2) DandB Products, (3) maintenance, support or other services that relate in any way to DandB Products, (4) the use, operation, licensing, distribution, sale, advertising, promotion, transmission, provision or marketing of DandB Products or such services, (5) any transaction that relates in any way to DandB Products, (6) any claims, statements, promises, descriptions, representations or warranties made in connection with DandB Products, any such services or any such transaction, (7) the use or disclosure of information obtained by Dun & Bradstreet Credibility Corp. in connection with DandB Products, (8) or this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration.  No Dun & Bradstreet Credibility Corp. employee or agent has the authority to vary this Agreement, except that Dun & Bradstreet Credibility Corp. may modify the Terms of Service at any time by posting the revised Terms of Service on the Site.

(i) Arbitration Procedures. Before commencing arbitration you must first present any claim or dispute to Dun & Bradstreet Credibility Corp. in writing to allow Dun & Bradstreet Credibility Corp. the opportunity to resolve the dispute. If the claim or dispute is not resolved within 60 days, you may request arbitration by serving a completed Commercial Demand for Arbitration Form on Dun & Bradstreet Credibility Corp. and the American Arbitration Association ("AAA"). The arbitration shall be conducted by the AAA in accordance with its Commercial Arbitration Rules, and, when deemed appropriate by the arbitrator, the AAA’s Supplementary Procedures for Consumer-Related Disputes, except as expressly set forth in this Agreement. There shall be one arbitrator who will be a licensed attorney or a former judge and will have at least 10 years of legal experience in the resolution of commercial disputes. The arbitrator shall be chosen by written mutual agreement of the parties. If, after 7 days, you and Dun & Bradstreet Credibility Corp. are unable to agree upon an arbitrator, the AAA will appoint the arbitrator. The arbitrator shall apply the substantive law of the state of California, without giving effect to its conflict of law provisions. All face-to-face proceedings shall be conducted in Los Angeles, California. 

(ii) Award. Arbitration is final and binding. In making any award, the arbitrator will be restricted by the “Limitation of Liability” provision in the Terms of Service and will not have jurisdiction to make an award to any party to the arbitration contrary to the “Limitation of Liability” provision. You expressly agree that the rulings of the arbitrator, including any award, shall be binding, non-reviewable and non-appealable.   You expressly agree that exclusive jurisdiction over entering any arbitration award resides in Los Angeles, California and that any such proceeding is governed substantively and procedurally by the FAA as interpreted by the Ninth Circuit and the U.S. Supreme Court.

(iii) Confidentiality.  Any arbitration shall be confidential, and neither you nor Dun & Bradstreet Credibility Corp. may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Any party shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary or permanent injunctive or declaratory relief in Los Angeles, California. 

(iv) Costs of Arbitration. The party requesting arbitration must pay the applicable AAA filing fee.  Each party shall pay its own expenses of the arbitration, including the expense of its own counsel, witnesses, and presentation of evidence at the arbitration. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorneys' fees.

(b) Waiver of Jury and Class Action and Other Representative Proceeding. THE PARTIES EXPRESSLY AGREE THAT THERE SHALL BE NO JURY TRIAL OR RIGHT TO A JURY TRIAL, OR RIGHT TO ANY OTHER PROCEEDING TO RESOLVE ANY DISPUTE IN ANY COURT. THE PARTIES ALSO EXPRESSLY AGREE THAT ANY DISPUTE IS PERSONAL TO THEM, AND ANY SUCH DISPUTE SHALL ONLY BE RESOLVED BY AN INDIVIDUAL ARBITRATION. NEITHER PARTY AGREES TO CLASS ARBITRATION OR ARBITRATION WHERE A PERSON BRINGS A DISPUTE AS A REPRESENTATIVE OF ANY OTHER PERSON OR PERSONS. NEITHER PARTY AGREES THAT A DISPUTE CAN BE BROUGHT AS A CLASS OR REPRESENTATIVE ACTION OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER PERSON OR PERSONS. THE PARTIES AGREE THAT A DISPUTE MAY ONLY BE RESOLVED THROUGH AN INDIVIDUAL ARBITRATION AND SHALL NOT BE BROUGHT AS A CLASS ARBITRATION, A CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. 

MISCELLANEOUS

Dun & Bradstreet Credibility Corp. reserves all rights not expressly granted herein. Dun & Bradstreet Credibility Corp. may modify these Terms of Service at any time by posting the revised Terms of Service on the Site. Your continued use of the Site shall constitute your acceptance of such revised Terms of Service.  You may not assign any rights granted to you hereunder. Nothing in these Terms of Service shall constitute a partnership or joint venture between you and Dun & Bradstreet Credibility Corp. The failure of Dun & Bradstreet Credibility Corp. at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed. The terms set forth in these Terms of Service and any agreements included or referred to in these Terms of Service constitute the final, complete and exclusive agreement with respect to the Site and use of DandB Products and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The information and advice provided by Dun & Bradstreet Credibility Corp. on the Site, in marketing, product and other material furnished to you and by its credit advisors during business credit counseling sessions is provided "as-is." Dun & Bradstreet Credibility Corp. makes no representations or warranties, express or implied, with respect to such information and the results of the use of such information, including but not limited to implied warranty of merchantability and fitness for a particular purpose. Neither Dun & Bradstreet Credibility Corp. or any of its parents, subsidiaries, affiliates or their respective partners, officers, directors, employees or agents shall be held liable for any damages, whether direct, indirect, incidental, special or consequential, including but not limited to lost revenues or lost profits, arising from or in connection with a business's use or reliance on the information or advice given during any counseling session.  

THE FOLLOWING IS APPLICABLE TO PURCHASES OF DANDB PRODUCTS MADE PRIOR TO JANUARY 23, 2013:

MISCELLANEOUS

Dun & Bradstreet Credibility Corp. reserves all rights not expressly granted herein. Dun & Bradstreet Credibility Corp. may modify these Terms of Service at any time by posting the revised Terms of Service on the Site. Your continued use of the Site shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in these Terms of Service shall constitute a partnership or joint venture between you and Dun & Bradstreet Credibility Corp. The failure of Dun & Bradstreet Credibility Corp. at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed. Any legal proceeding arising out or relating to these Terms of Service against or relating to Dun & Bradstreet Credibility Corp. or any Indemnified Party under these Terms of Service will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles, California and you irrevocably consent to the jurisdiction of such courts. Notwithstanding the foregoing, you agree that, in the event any dispute or claim arises out of or relating to your use of the Site, that you and Dun & Bradstreet Credibility Corp. will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them. The terms set forth in these Terms of Service and any agreements included or referred to in these Terms of Service constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The information and advice provided by Dun & Bradstreet Credibility Corp. and its credit advisors during business credit counseling sessions is provided "as-is." Dun & Bradstreet Credibility Corp. makes no representations or warranties, express or implied, with respect to such information and the results of the use of such information, including but not limited to implied warranty of merchantability and fitness for a particular purpose. Neither Dun & Bradstreet Credibility Corp. or any of its parents, subsidiaries, affiliates or their respective partners, officers, directors, employees or agents shall be held liable for any damages, whether direct, indirect, incidental, special or consequential, including but not limited to lost revenues or lost profits, arising from or in connection with a business's use or reliance on the information or advice given during any counseling session.