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Debtor411 shall always try to provide the very best service we can and operate our business according to the best business practices. This means we want to begin our relationship with an agreement on all the terms and conditions for the use of this website. This overview will help avoid misunderstandings. This document contains all the rules for use and terms of our agreement with you and your company, the "Site User" or "User", for the service we shall provide. Your subscription to our service and use of this website is acceptance by you and your company of the terms and conditions in this Agreement. We understand the individual who registers your company as a Site User has full authority to do so, and we rely on you and your company's assurance that such is the case. If anyone else uses your account, they are also subject to the terms of this Agreement. We ask, and you agree, that any such user has read this Agreement and accepts it. By using the site, we understand and you agree that you understand all of the terms and conditions of this Agreement and agree to abide and be bound by them. If you have any suggestions, questions or comments about this Agreement or our website, please let us know.
It seems like change is everywhere around us. And our website is no different. Wouldn't it be a shame if we never updated our site to make it easier to navigate, more user friendly and more informative? So, we are constantly looking at how to make it better and improving it with new features and enhancements. Every time we make it better, we make changes and updates. Some of the changes we make from time to time will be to this Agreement. You agree that we can make changes in our sole and independent discretion to this Agreement and the site, post it on the site, and you will abide by the changes and be bound by the terms. It will be your responsibility to inspect this agreement for those changes.
Debtor411 shall maintain current information as provided to us by transportation factoring companies that participate in our Trade Data Exchange Program. We shall maintain this information for all account debtors provided by factoring companies that contribute data. You shall not use our service in violation of any federal, state or local laws, including the Fair Credit Reporting Act (15 U.S.C.A. 1681 et. seq.). You certify that you will not use any information obtained through our service as a factor in establishing a consumer's credit eligibility for credit granting, monitoring, account review, insurance underwriting, employment or any other purposes addressed in the FCRA.
The debtor information we have is the same information that was provided to us by transportation factoring companies that participate in our Trade Data Exchange Program. We make it readily available to you in an easy-to-use, understandable, consolidated format with enhanced features and reporting capabilities. Although our information is as current and up-to-date as we can make it, we have not verified the information with our data contributors. Therefore, we cannot warrant or guarantee the accuracy, correctness or merchantability of the information provided. If there is a dispute over this information, we want to know about it, but keep in mind that we are simply an information service. And in order to protect ourselves, you agree that you will not bring us into any dispute that may arise as a result of information provided. In order to do so, you agree to release Debtor411, its officers, employees and agents from all claims, liability, obligations, demands and damages, actual and consequential, of every kind and nature, known or unknown, in any way connected with such disputes and to hold us harmless from all liability and damages. We do everything we can to create a positive experience for all Site Users, and we will act promptly on your comments and suggestions, but we cannot control the conduct or business of others, including users of our website. We also provide you with links to other websites not controlled or owned by Debtor411. You agree that we are not responsible for the content and hold us harmless against any liability resulting from your use of those sites.
Our service is for transportation factoring companies that deal with transportation brokers and shippers as account debtors. We don't want people and companies not in the transportation factoring business registering on our site. It just adds to our cost, does not benefit you, and it means we have to divert resources from making your experience positive and productive. In order to register as a Site User, you must be a factoring company or similar financial services business. Use of the Debtor411 website is for obtaining information about account debtors. You don't want your competition knowing your secrets. We feel the same way. So by subscribing to our service and using our website, you agree that you and your company will not use any of the information available to compete against us, either directly or indirectly, online or elsewhere. No competitors or potential competitors are permitted to register or otherwise access the password protected area of our website and information contained therein. So you agree that you will not give your login information out except to trusted business partners or associates. Our service is only available to individuals at least 18 years of age and companies that can form legally binding contracts under applicable law. All access and use of the site is logged, tracked and monitored.
If you learn that an unauthorized person or company has obtained your login information, please notify us immediately so it can be changed. Otherwise, you can log in to our website and click the My Account link to change the information yourself.
Everything you read and see on our website is copyrighted and protected by U.S. and international copyright, trademark and other intellectual property laws. The content on our website may not be distributed, copied, displayed, reproduced or transmitted in any form or manner without the written consent of Debtor411. Our intellectual property portfolio consists of source code, schemas, file formats, graphics, images, copy, designs, systems, methods, processes, the "look and feel" of our website and the copyright in and to its original content, systems, methods and processes, as well as logos, trademarks, patents, trade dress and trade secrets.
While we appreciate and encourage links to public areas of our website, Debtor411 does not permit linking to or framing of protected customer-only content areas of our website, which must be accessed by logging in with a username and password.
The Debtor411 website is a venue for current debtor information about transportation brokers and shippers. We want you as a qualified member to use our service and get the valuable information your business needs. You agree that Debtor411. and you are independent contractors, and no partnership, joint venture, agency, employer/employee, franchisor/franchisee or any other relationship exists or is intended to be created by this Agreement or your use of the website. In addition, a key part of our service is email and fax communications with our members. You agree that we may send you email and faxes, that you have elected to participate in our email and fax program, that Debtor411 may forward email messages to you and that you further elect to receive electronic messages without limitation from Debtor411 or its business partners and associates.
You know the value of being a member, or you are about to realize it. Using our service will help your factoring company become more efficient and effective in the way it deals with qualifying account debtors. The cost of our service is based on our Easy 123 Pricing model. We may also offer optional services and features that cost extra, such as monitoring your account debtor portfolio. Access to our service depends upon payment of our monthly fee. If the fee is not paid, then we may suspend or terminate access to our service. We offer direct monthly billing, but we also accept Visa, MasterCard, American Express and Discover. You can cancel your Debtor411 account any time before your monthly billing date, and no further charges will be assessed. Cancellations must be made via fax or email only. You understand that charges, including the amount, how they are calculated, and other characteristics of our pricing model may evolve and change. We'll let you know ahead of time if we anticipate a pricing change. We will only make such a change if we determine, in our sole and independent judgment, that it is appropriate to do so. We are dedicated to deliver more than we promise, including outstanding customer service, at a great price. You are required to pay us for all charges billed to your account. You have the right to dispute charges on your bill, but you must notify us of the dispute within 30 days after the billing date or you are waiving the dispute. You still have to pay us for all charges on time until the dispute is resolved. If payments are past due more than thirty (30) days from the date of the invoice, we may interrupt service without any obligation or liability to you.
We have built our website for your use. We try to guard our users against those that may attempt to take advantage of others or who simply do not follow the rules. Therefore, you understand that we have the right to allow accounts and terminate any Site User's registration or access at any time in our sole and independent discretion and judgment.
The information offered through Debtor411 is constantly changing by design and necessity. WE PROVIDE THE DEBTOR411 WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty related provision may give you specific legal rights and you may also have other legal rights which vary from state to state. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCLUDING NEGLIGENCE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE MONTH, OR B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. You agree as a registered user to indemnify and hold harmless Debtor411 from all damages resulting from claims made against Debtor411 relating to both your authorized use and misuse of this website and service. In no event shall we be liable or responsible for consequential, indirect, incidental, statutory or punitive damages as a result of the information provided.
Debtor411 is focused on the business of providing account debtor information contributed by factoring companies, and we want to make sure that our entire organization is available to answer your questions. We want make our service and your business successful. Therefore, you agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving Debtor411, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Seminole County, Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Debtor411 may seek any interim or preliminary relief from a court of competent jurisdiction in Seminole County, Florida necessary to protect the rights or property of you or Debtor411 pending the completion of arbitration.
We want to make sure that the rules governing our relationship are well understood by all parties. In furtherance of this effort, the following general terms govern our relationship, this Agreement and your use of the website: This is the entire Agreement governing the use of the Debtor411 site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of Florida, without regard to that state's conflict of laws provisions. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Debtor411 in accordance with applicable law, and the remainder of the Agreement shall remain in full force. A registered user shall pay all reasonable costs and attorney fees incurred by Debtor411 in enforcing the terms of this Agreement. This Agreement binds and ensures to the benefit of each party's permitted successors and assigns, and Debtor411 may assign its right to payments and assign this Agreement without subscriber's consent. Assignment will release us from all liability for the rights or duties involved. The headings in this Agreement are for convenience only and do not alter the rights and obligations of the parties. The explanatory phrases and terms used in the Agreement are illustrative examples, and other reasons may exist justifying and/or explaining the existence of certain terms. The provisions of this Agreement are not for the benefit of any third party.
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