Welcome to our website at www.estoreinfo.com (the "Site").
These Terms of Service (these "Terms")
constitute a binding legal agreement (the "Agreement") between you
(either an individual or an entity) and E Storeinfo Inc. ("E
Storeinfo," "we,"
or "us")
regarding your use of the Site, including your use of a version of our
fraud and abuse prevention service provided through our customer portal
on the Site (the "Service").
Please read this Agreement carefully. By registering for an account on
the Service, or otherwise using the Site or the Service, you agree to be
bound by this Agreement and to use the Site and the Service in
compliance with this Agreement. If you are using the Site or the Service
on behalf of a company or other legal entity, you represent and warrant
that you have the legal authority to bind such company or entity to this
Agreement.
1. Account Registration
You must register for and maintain an account with us to use the
Service. When registering, you must provide accurate and complete
information about yourself (i.e., if you are registering on behalf
of an entity, that entity) and promptly update this information. You
represent and warrant that all required registration information you
submit is truthful and accurate, and you will maintain the accuracy
of such information. If you provide any information that is
inaccurate or incomplete, or we have reason to believe that the
information is inaccurate or incomplete, we may suspend or terminate
your account and your use of the Service.
Only you are authorized to use your account to use the Service and
conduct other activities with us. You are responsible for all
activities that occur through your account. To protect your account
and corresponding sub-accounts from unauthorized use, keep all user
identification and passwords secure and do not provide this
information to anyone else. Please notify us immediately of any
unauthorized use of your account or any other breach of security
regarding the Service.
2. Additional Policies
When using certain features of the Site or the Service, you also
will be subject to all guidelines, terms, and agreements applicable
to such features that may be made available on or in connection with
the Site or the Service ("Policies").
All such Policies are incorporated by reference into these Terms. If
these Terms are inconsistent with any Policy, the terms in the
Policy will control to the extent of the inconsistency.
3. Fees
E Storeinfo charges fees as explained on our site at https://www.estoreinfo.com/pricing.
We will invoice you monthly, and you must pay within 7 days of the
date of the invoice. If we do not receive payment of an invoice
within 7 days, we may suspend your access to the Services. All
payments must be in U.S. dollars, and you are responsible for all
applicable taxes or other governmental charges. E Storeinfo may
modify its fees, and any such modification will apply beginning in
the month following publication or other notice of the change.
4. Term and Termination
If you violate any of these Terms, your permission to use the
Service will automatically terminate. You also agrees that E
Storeinfo may at any time and without notice to you suspend or
revoke your right to access and use the Service, or any part
thereof, and any account(s) you may have in connection with the
Service: (a) for any reason or no reason at all; (b) where E
Storeinfo determines in E Storeinfos sole discretion that such
action is reasonable in order to comply with legal requirements or
to protect the rights or interests of E Storeinfo or any third
party; or (c) in connection with any general discontinuation of the
Service. E Storeinfo also reserves the right to modify the Service
at any time without notice to you. E Storeinfo will have no
liability whatsoever for and may at any time change, modify, update,
remove, or add features to the Service or suspend or revoke your
access to or use of all or part of the Service. You may terminate
these Terms and your account at any time by contacting customer
service at support@E Storeinfo.com", however, any termination of
these Terms will not relieve you of any current or future obligation
to pay any fees or other costs owed by you to E Storeinfo under
these Terms. The provisions of Fees and Payment, Confidentiality,
and Privacy will survive termination, except that all license rights
granted by E Storeinfo to you under these Terms do not survive
termination.
5. Access to the Service; Modifications to the Service
We do not provide you with the equipment to access the Site or the
Service. You are responsible for all fees charged by third parties
to access the Site and the Service (e.g., charges by Internet
service providers). You acknowledge and agree that we will have no
obligation to provide you with any support or maintenance in
connection with the Site or Service.
We reserve the right to modify or discontinue, temporarily or
permanently, all or a part of the Site and the Service (including,
without limitation, access to any Content, in whole or in part, and
including but not limited to any prior investigations on the Service
and any Content displayed to you in connection with such
investigations) without notice. You agree that we will not be liable
to you or to any third party for any modification, suspension, or
discontinuance of the Service (including, without limitation, access
to any Content, in whole or in part), except that to the extent you
pay subscription fees to access or use the Service, you are only
entitled to a prorated refund representing the unused (as of the
date of termination) portion of any subscription fees that you have
paid in advance if we permanently discontinue the Service in its
entirety.
6. License; Restrictions
Subject to your compliance with these Terms, we grant you a
non-exclusive, revocable, nonsublicenseable, and non-transferable
license to access and use the Site, the Service, and the Content for
your personal, non-commercial (other than as explicitly permitted
below in this Section 7) use.
You must comply with all applicable laws when using the Site, the
Service, and any Content. Further, except as may be permitted
expressly by applicable law or authorized by us in writing, you will
not, and will not permit anyone else to:(a) record, pre-fetch,
store, copy, cache, modify, distribute, publicly display, resell,
distribute, publish, or otherwise provide access to any of the
information (including, without limitation, contact information),
data, audio, visual, and audiovisual works; or other content made
available through the Site or the Service ("Content")
or compile or collect any Content as part of a database or other
work, or use it to update any existing database or other work; (b)
rent, lease, offer, sell, or sublicense the Site, the Service, or
any Content, in whole or in part, or any access thereto, to another
person or use the Site or the Service to provide any service,
information, or Content to a third party; (c) use the Site, the
Service, or the Content for any purpose except for your own internal
business use, or otherwise commercially exploit the Site, the
Service, or the Content (provided, however, that this will not limit
you from using the Service or the Content for the internal fraud
prevention and abuse prevention purposes of a commercial or
nonprofit entity); (d) use the Service or any Content for commercial
purposes that compete with the Service; (e) attempt to recreate any
of the Content available on or through the Site or the Service; (f)
circumvent or disable any digital rights management, usage rules, or
other security features of the Site, the Service, or any Content;
(g) attempt or encourage others to attempt to reverse engineer,
disassemble, or decompile the Site, the Service, or any components
thereof, except as may be permitted expressly by applicable law; (h)
use the Site or the Service in a manner that threatens the
integrity, performance, or availability of the Site, the Service, or
any third-party software, systems, networks, or services; (i)
reverse engineer, decompile, disassemble, or in any way attempt to
derive the source code for the Site, the Service, or any portion
thereof; (j) remove, alter, or obscure any proprietary notices
(including copyright notices) on any portion of the Service or
Content; (k) use the Service or any Content in any manner as a
factor in establishing an individual's creditworthiness or to
determine any consumer's eligibility for credit, insurance, or
employment; (l) use the Service or any Content for any marketing or
promotional purposes (including, without limitation, to contact any
persons or entities using any Content); or (l) publicly disseminate
information or analysis regarding the performance of the Service.
7. Ownership
The Site, the Service, and all Content are protected by applicable
intellectual property laws, including United States copyright law
and international treaties. We and our suppliers and licensors own
all right, title, and interest, including all intellectual property
rights, in and to the Site and the Service, including all Content on
and available through the Site and the Service, and any and all
underlying software and technology used to provide and make
available the Site and the Service. Except for those rights
expressly granted in these Terms, no other rights are granted,
either express or implied, to you.
All trademarks, logos and service marks ("Trademarks")
displayed on the Site are our property or the property of other
third parties. You are not permitted to use these Trademarks without
our prior written consent or the consent of such third party which
may own the Trademarks.
8. User Data and Privacy
Our Privacy Policy, available at www.estoreinfo.com/privacy-policy,
is hereby incorporated into these Terms. For each individual upon
whom you wish to conduct an investigation, you will supply to us
some or all of the following categories of information that you
possess regarding that individual (e.g., email address, first name,
last name, birth date, age, email address, company, job title,
photo, website URLs, social network user IDs, instant messenger
handles, and IP address) (collectively, "User
Data").
You acknowledge that our provision of the Service is conditioned
upon our receipt of correct and accurate User Data from you. You are
solely responsible for your User Data. You hereby represent and
warrant that your User Data, and providing us your User Data for us
to use and disclose to third parties in accordance with these Terms
and our Privacy
Policy does not
violate any third-party rights, including any privacy rights of any
person or entity or any laws, regulations, or obligations imposed by
any third party.Without limiting the foregoing, you hereby represent
and warrant that you will have obtained all necessary consents,
approvals, and waivers to permit you to provide us with User Data
pertaining to such individuals and to use and disclose to third
parties User Data pertaining to such individuals as contemplated by
these Terms and ourPrivacy
Policy.We have no obligation to back up your User Data and your
User Data may be deleted at any time. You are solely responsible for
creating backup copies of your User Data if you desire.
You hereby grant, and you represent and warrant that you have the
right to grant, to us an irrevocable, perpetual, nonexclusive,
royalty-free and fully paid, worldwide license to "Process"
(meaning to perform any activity, including to use, reproduce,
modify, adapt, publish, distribute, translate, publicly display and
perform, prepare derivative works of, incorporate into other works,
disclose, and otherwise use, in whole or in part, and to incorporate
into other works in any format or medium now known or later
developed) your User Data, and to grant sublicenses of the
foregoing.
We will not, however, Process your User Data for purposes of cookie
tracking, ad exchanges, data brokerages, ad networks, or sending
electronic communications (including email) in violation of
applicable law.
You must not provide us with any User Data that (a) violates, or
that causes us or our affiliates, subsidiaries, or partners to
violate, any applicable law, regulation, or order of any
governmental authority in any jurisdiction; (b) contains or embodies
any trade secrets or information for which you have any obligation
of confidentiality; (c) infringes or violates, or that may infringe
or violate, any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party, or that you
otherwise do not have the right to make available; (d) pertains to
any person under 13 years of age; or (e) in our sole judgment, is
objectionable, restricts or inhibits any person or entity from using
or enjoying the Service, or which may expose us or our suppliers,
licensors, or users to harm or liability of any nature.
You must not use the Service to obtain any Content regarding any
person or entity in violation of any prohibition on you obtaining
such Content under any applicable law or regulation.
You also should carefully review our Content Use Terms and
Conditions, which contain additional provisions applicable to your
User Data and which are hereby incorporated into these Terms.
9. Feedback
If you provide us with identification of any potential errors in, or
improvements to, the Site, the Service, or any Content (including,
without limitation, providing any feedback with respect to any
person's investigatory profile on the Service or any E Storeinfo
Score relating thereto ("Feedback"),
you hereby grant us the unrestricted right to use your Feedback,
including the right to use your Feedback to improve the Site and the
Service and create other products and services. We will treat any
Feedback you provide to us as non-confidential and non-proprietary.
You agree that you will not submit to us any Feedback that you
consider to be confidential or proprietary.
10. Links and Third Party Content
The Site and the Service may contain links to Web pages and content
of third parties that are not hosted by us ("Third-Party
Content") as a service to those interested in this
information. We do not monitor, endorse, or adopt, or have any
control over, any Third-Party Content. We undertake no
responsibility to update or review any Third Party Content and can
make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from
the Site or the Service, please be aware that these Terms will no
longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any Third-Party
Content provider to which you navigate from the Site or the Service.
You access and use Third-Party Content at your own risk.
The Site and the Service may contain advertisements and promotions
from third parties. Your business dealings or correspondence with,
or participation in promotions of, advertisers other than us, and
any terms, conditions, warranties, or representations associated
with such dealings, are solely between you and such third party.
11. Warranty Disclaimers
YOUR USE OF THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION,
YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SITE, THE
SERVICE, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS.TRUSTED PATTERNS AND ITS SUPPLIERS AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SITE,
THE SERVICE, AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY,
AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM A COURSE
OF DEALING OR COURSE OF PERFORMANCE.
TRUSTED PATTERNS AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT
UNINTERRUPTED USE OR OPERATION OF THE SITE OR THE SERVICE OR YOUR
ACCESS TO ANY CONTENT. TRUSTED PATTERNS AND ITS SUPPLIERS AND
LICENSORS MAKE NO WARRANTY THAT THE SITE, THE SERVICE, OR ANY
CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT ANY
RESULTS, DATA, INFORMATION, OR CONTENT OBTAINED OR DERIVED THROUGH
THE USE OF THE SITE OR THE SERVICE OR ANY OF THE CONTENT WILL BE
TIMELY, ACCURATE, COMPLETE, ERROR-FREE, LEGAL, SAFE, OR FREE FROM
VIRUSES OR OTHER HARMFUL CONTENT, OR THAT ANY ERRORS IN THE SITE,
THE SERVICE, OR ANY ERRORS IN ANY RESULTS, DATA, INFORMATION, OR
CONTENT OBTAINED OR DERIVED THROUGH THE USE OF THE SITE OR THE
SERVICE OR ANY OF THE CONTENT WILL BE CORRECTED.
WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR DELAYS,
INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE
OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS
OUTSIDE OUR REASONABLE CONTROL. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, THE SERVICE, OR ANY
CONTENT WILL CREATE ANY WARRANTY REGARDING THE SITE, THE SERVICE, OR
ANY CONTENT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME
JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY
HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IF
APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, THE
SERVICE, OR ANY CONTENT, THE DURATION AND SCOPE OF SUCH WARRANTY
WILL BE THE MINIMUM POSSIBLE UNDER SUCH APPLICABLE LAW.
12. Limitations of Liability
NEITHER TRUSTED PATTERNS NOR ITS SUPPLIERS OR LICENSORS WILL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS INFORMATION, PROFITS, GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES (EVEN IF TRUSTED PATTERNS OR ANY SUPPLIER OR
LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES),
ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR
INABILITY TO ACCESS OR USE, THE SITE, THE SERVICE, OR ANY CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF TRUSTED PATTERNS AND ITS SUPPLIERS
AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE
RELATING TO THE SITE, THE SERVICE, OR ANY CONTENT, WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES, IF
ANY, PAID BY YOU FOR YOUR ACCESS TO AND USE OF THE SITE OR THE
SERVICE IN THE SIX MONTHS PRECEDING THE APPLICABLE CLAIM. IF A COURT
FINDS THE MAXIMUM TOTAL LIABILITY UNDER THE PREVIOUS SENTENCE
UNENFORCEABLE, THE MAXIMUM TOTAL LIABILITY OF TRUSTED PATTERNS AND
ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS
OR OTHERWISE RELATING TO THE SITE, THE SERVICE, OR ANY CONTENT,
WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED $50. YOU
FURTHER AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO
LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS, THE
SITE, THE SERVICE, OR ANY CONTENT. EACH PROVISION OF THESE TERMS
THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF
WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER
THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF
THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER
PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL
APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Indemnity
You will defend, indemnify and hold harmless Trusted Patterns, its
subsidiaries and affiliates, and their respective directors,
officers, agents, employees, licensors, and suppliers from and
against any third-party claims or demands, and any related costs,
damages, expenses, and liabilities (including reasonable attorneys'
fees), arising out of or related to your use of the Site, the
Service, and any Content, any User Data you provide, your violation
of any provision of these Terms, or your violation of any law,
regulation, or rights of a third party. We reserve the right, at
your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us and you agree to
cooperate with our defense of these claims. You agree not to settle
any matter without our prior written consent. We will use reasonable
efforts to notify you of any such claim, action or proceeding upon
becoming aware of it.
14. Government Users
The Site, the Service, and all Content are "commercial items" as
defined in 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.211 and 48
C.F.R. 12.212, such commercial items are provided to any U.S.
Government users only as commercial Items and with only those rights
and licenses set forth in this Agreement and subject to the
restrictions set forth in this Agreement. All U.S. Government users
use the Service with only those rights set forth in this Agreement.
In accordance with the tailoring provisions of FAR 12.302, this
Agreement amends certain provisions of FAR 52.212-4 as set forth
herein, to the extent such provisions may be so tailored or amended
in accordance with applicable law and government regulation. To the
extent the foregoing tailoring or amendment is so permitted, the
provisions of this Agreement will take precedence over any otherwise
applicable and conflicting or inconsistent provisions of the
documentation between the parties and any provisions of the FAR that
may be referenced therein.
15. Marketing and Publicity
If you register for an account to use the Service, you (a) agree
that we may disclose that you are a customer of ours, and may
include your name and logo in any lists of customers on the Site and
in other marketing collateral and press releases; and (b) agree, if
requested by us, to the issuance of a joint press release on a
mutually agreed-upon date (which agreement will not be withheld
unreasonably). Each party will have the right to approve the press
release in advance, but such approval will not be unreasonably
delayed or withheld.
Further, if you register for an account to use the Service, you
agree to be the subject of a customer testimonial or case study
written by us, which will discuss your use of the Service and may be
published by us and used in sales, marketing, and press
activities.You must approve each such testimonial or case study in
advance, provided that approval will not be unreasonably delayed or
withheld.
16. Changes to these Terms
We may make changes to these Terms from time to time. If we make any
material changes, we may notify you by sending you an email to the
last email address you provided to us (if any) and/or by prominently
posting notice of the changes on the Site or the Service. Any
changes to these Terms will be effective upon the earlier of thirty
calendar days following our dispatch of an e-mail notice to you (if
applicable) or thirty calendar days following our posting of notice
of the changes on the Site or the Service. These changes will be
effective immediately for new users of our Site and our Service.
Users of our Service are responsible for providing us with their
most current email address. In the event that the last email address
that you have provided us is not valid, or for any reason is not
capable of delivering to you the notice described above, our
dispatch of the email containing such notice will nonetheless
constitute effective notice of the changes described in the notice.
Continued use of the Site or the Service following notice of such
changes shall indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes.
17. Consent to Electronic Communications
By using the Site or the Service, you consent to receiving
electronic communications from us.These communications may include
notices about your account and information concerning or related to
the Site and the Service. You agree that any notices, agreements,
disclosures, or other communications that we send to you
electronically will satisfy any legal communication requirements,
including that such communications be in writing.
18. Legal Notices
Our failure to act in a particular circumstance does not waive our
ability to act with respect to that circumstance or similar
circumstances. Any provision of these Terms that is found to be
invalid, unlawful, or unenforceable will be severed from these
Terms, and the remaining provisions of these Terms will continue to
be in full force and effect. The section headings and titles in
these Terms are for convenience only and have no legal or
contractual effect. You will not transfer or assign this Agreement,
directly or indirectly, to another person without our prior written
consent. Nothing express or implied in this Agreement is intended to
confer upon any entity other than the parties and their respective
successors and assigns any rights, remedies, obligations, or
liabilities whatsoever. We will not be liable for any delay or
non-performance of our obligations under this Agreement due to any
cause beyond our control.
These Terms are governed by the laws of the State of California,
excluding conflicts of laws principles. Any controversy or claim
arising out of or relating to the Site, the Service, or these Terms
must be commenced by you in the State of California within one year
after the claim arose. You consent to the exclusive personal and
subject matter jurisdiction of the state and federal courts located
in Santa Clara County, California, and unconditionally waive to the
extent permitted by applicable law: (a) any objection that you might
now or hereafter have to the venue of any such court in any action
so instituted under these Terms and (b) any claim that any action or
proceeding so brought in any such court has been brought in an
inconvenient forum.
These Terms, including all Policies, constitute the entire agreement
between you and Trusted Patterns concerning the Site, the Service,
and any Content.These Terms supersede all prior agreements or
communications between you and Trusted Patterns regarding the
subject matter of these Terms.
19. Contact Information; Disclosures
The services hereunder are offered by Trusted Patterns Inc., located
at 1425 37th St, Suite 605, Brooklyn, NY 11218. If you
have any questions or concerns about these Terms, the Site, or the
Service, please send us a thorough description by email to support@estoreinfo.com.
If you are a California resident, you may have these Terms mailed to
you electronically by sending a letter to the foregoing address with
your electronic mail address and a request for these Terms.
© 2015 E Storeinfo. All rights reserved.
