1. Web Site Use. This Web Site provides information about PayNet and its products, and facilitates the purchase of PayNet products on the Web Site. Use of this Web Site and of PayNet's products and services is limited to legitimate purposes. User agrees to defend, indemnify, and hold harmless PayNet, its corporate partners, and their affiliates and related entities and their respective directors, officers, shareholders, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to User's breach of these Terms or User's access to or use of this Web Site. User agrees not to republish, reproduce, sell, resell, distribute (through linking or framing or otherwise) or make any commercial use of the Web Site or its content. Any access or attempt to access other areas of PayNet's computer systems or other information contained on such systems for any purposes is strictly prohibited. User agrees not to interfere, in any way, with use of or access to this Web Site, or take any action that imposes an unreasonable or disproportionately large load on the Web Site infrastructure. PayNet reserves the right to report any activity that it suspects violates any law or regulation and disclose any information to appropriate law enforcement officials, regulators, or other appropriate third parties. Any recommendations made by User for the improvement of this Web Site shall be the sole property of PayNet.
2. Product Use. User shall use the PayNet Database to obtain Payment History Data and Payment History Reports (each as defined in the PayNet Agreement), and any other products or services (collectively, "Products") provided to User by PayNet, for the purpose of evaluating the credit worthiness of potential borrowers and according to the terms of the PayNet Agreement. User may not use the PayNet Database, Payment History Data and Payment History Reports or Products for any advertising, marketing or other commercial purposes, or share or otherwise disclose Payment History Data and/or Payment History Reports and/or Products to any third party. User shall be solely responsible for its application of the Payment History Data and, Payment History Reports, or Products, in making its business decisions. As a condition of User's use of the Payment History Data, Payment History Reports, and Products, User agrees to utilize commercially reasonable efforts to provide PayNet, on an ongoing basis in the manner described in the PayNet Agreement, with all Member Information (as defined in the PayNet Agreement) obtained by User, and, in any event, shall at all times provide PayNet with the majority of such Member Information.
3. Responsibilities for PayNet Members that are provided account(s) and/or have designatedMember Administrator(s): To help ensure the secure use of our Web Sites and Products and to clarify the responsibility of Member’s Administrator, please be reminded that the PayNet Member and/or Member Administrator is responsible for valid and accurate user provisioning for all users assigned to theMember account. Such responsibilities include control of:
- Access to PayNet sites for authorized Member users;
- Termination of access to PayNet sites for Member users who are no longer authorized;
- How to view and validate users and their associated usage; and
- Maintenance and periodic review of accounts.
4. Changes; Termination. PayNet may modify these Terms which shall be effective immediately upon posting to this Web Site. Use of this Web Site or of PayNet's products and services after any such modifications shall constitute User's agreement to such modifications, so please review these Terms periodically. PayNet reserves the right to modify or discontinue, temporarily or permanently, this Web Site, and any products or product specifications, and PayNet shall not be liable to User or to any third party for any modification, suspension or discontinuance of this Web Site or any products.
5. Web Site Content. The content on this Web Site may contain errors, omissions, or typographical errors or may be out of date and is provided for informational purposes only and is not binding on PayNet in any way except as otherwise expressly agreed to in writing by PayNet. Links and references to other web sites are provided for convenience only; are not operated, controlled, or maintained by PayNet; do not constitute sponsorship, endorsement, or approval by PayNet; and PayNet is not responsible for the availability, content, policies, or practices of such linked web sites. User accesses any links at User's own risk.
6. Disclaimer Of Warranty. THIS WEB SITE AND ALL WEB SITE CONTENT IS PROVIDED TO USER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to User. User acknowledges and agrees that the only warranties on any products available on this Web Site shall be the warranties in the PayNet Agreement, if any.
7. Limitation Of Liability. UNDER NO CIRCUMSTANCES WILL PAYNET BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF, OR IN ANY WAY RELATED TO, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENTS OF THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SALES, OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF PAYNET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES AND UNDERSTANDS THAT USER'S ONLY REMEDY FOR ANY ISSUE ARISING OUT OF OR AS A RESULT OF DISSATISFACTION WITH THIS WEB SITE SHALL BE TO DISCONTINUE USE OF THIS WEB SITE.
8. Ownership. PayNet shall retain all rights, title and interest in and to, embodied in or associated with this Web Site and its content, Payment History Data, Payment History Reports, and Products, and any intellectual property rights therein including, but not limited to, all worldwide patent, trademark, copyright and trade secret rights. User shall own all Member Information and PayNet shall be permitted to use such Member Information to provide its services to Member and other subscribers of PayNet's services. User hereby authorizes PayNet to include the Member Information in PayNet's Database and to use, modify, reformat, interpolate, and create derivative works of, such Member Information in connection with PayNet's conduct of its business, including, but not limited to, in connection with PayNet's development, marketing, sale, and distribution, to User and third parties of Payment History Data, Payment History Reports, analytic tools, batch services, scoring models, and other Products that may incorporate such Member Information. Unless otherwise noted, the trademarks, logos, and service marks used on this Web Site are owned by PayNet or by third parties that have licensed their use to PayNet. User may make a single copy of a Web Site page for personal non-commercial use provided that any copy made contains all copyright notices, trademark legends, or other proprietary rights notices. Other use of these marks or Web Site content, except as specifically permitted in these Terms or in a writing signed by PayNet, is strictly prohibited. Elements of this Web Site are protected by trade dress, copyright, trademark, unfair competition, and other intellectual and proprietary laws and, except as expressly permitted herein, may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. User shall not store electronically any significant portion of this Web Site.
9. A determination of relative creditworthiness for all active Members will be made according to the application of commonly accepted credit practices. We may check payment history in the PayNet database, trade information, credit file, financial statements, years in business, and other financial factors. PayNet may withdraw any offer of goods or services if, in its sole determination, the credit checks and background checks are unsatisfactory.
11. Jurisdiction Use of this Web Site shall not be construed as PayNet's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Illinois, United States of America. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts or choice of laws principles. In any dispute arising hereunder or otherwise connected with this Web Site or these Terms, User consents exclusively to personal jurisdiction in the applicable federal or state courts located in the State of Illinois and User waives any claimthat venue is improper for any reason in these courts.