Please read the following
information carefully before using this Site.
By accessing or using this Site, you agree to be bound
by the Terms of Use. If you do not agree with any
of the Terms of Use below, do not access or otherwise
use this Site. American DataBank reserves the right,
in its sole discretion, to modify, alter or otherwise
update these Terms of Use at any time and by continuing
to use the Site after the posting of a modification,
you accept the modification. The Terms of Use apply
to all users of this web site. Legal
Restrictions on Use of Information
You
agree to provide true, accurate and current information
about your company and yourself as prompted by
the registration and customer service agreement
forms on this Site. If any information you provide
is untrue, inaccurate or not current, or if American
DataBank has reasonable grounds to suspect that
such information is untrue, inaccurate or not current,
American DataBank, in its sole discretion, has
the right to reject, suspend or terminate your
application and refuse all current or future access
to the Site and use of the services or suspend
or terminate any portion thereof. Further, you
agree that American DataBank will not be liable
to you or any third party if American DataBank
suspends or terminates your access to the Site
or services for any reason. Information obtained
from this Site is governed by federal and state
privacy laws, government regulations and American
DataBank's information usage policies. By using
this Site, you agree to limit your use of information
obtained from the Site to the purposes for which
you obtained it. Furthermore, you agree that you
will not use information obtained from the Site
to make any decisions regarding to physically harm,
harass, intimidate, defraud, or represent yourself
as another individual. Violation of these terms
will result in your immediate termination without
prior notice. The Personal Information made available
through this Site is governed by the federal Fair
Credit Reporting Act ("FCRA") (15 U.S.C. §1681 et seq.),
enforcement of which is administered by the Federal
Trade Commission ("FTC"). This Site only
discloses Personal Information that relates to
the individual requested the information, authorized
employer or his/her legal representative. Obtaining
or attempting to obtain Personal Information about
another individual without Disclosure and Release
Form violates the FCRA and will result in immediate
termination and a referral for investigation to
the FTC. Disclaimer
of Warranties and Limitation of Liability
Information
and products or services offered on this Site are
provided "as is" without any express
or implied warranty of any kind, including warranties
of merchantability, fitness for a particular purpose,
or non-infringement. In
no event will American DataBank warrant or guarantee
the correctness, comprehensiveness, completeness,
accuracy, timeliness, merchantability or fitness for
any particular use or purpose of any information,
products, or services on this Site. YOU
UNDERSTAND AND AGREE THAT AMERICAN DATABANK AND ITS
SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
EVEN IF AMERICAN DATABANK OR ITS SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, RESULTING
FROM YOUR USE OR INABILITY TO USE THE SITE, SERVICES,
CONTENT OR SOFTWARE, ANY USE OR RELIANCE ON ANY LINKED
WEB SITE OR ANY OTHER MATTER RELATED TO THE SERVICES
OR CONTENT. IF, NOTWITHSTANDING THE ABOVE, LIABILITY
IS IMPOSED ON AMERICAN DATABANK, THEN YOU AGREE THAT
AMERICAN DATABANK'S TOTAL LIABILITY FOR ANY OR ALL
OF YOUR LOSSES OR INJURIES FROM AMERICAN DATABANK'S
ACTS OR OMISSIONS UNDER THIS AGREEMENT, REGARDLESS
OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED
TO HAVE BEEN VIOLATED, SHALL NOT EXCEED THE AMOUNT
PAID BY YOU TO AMERICAN DATABANK UNDER THIS AGREEMENT
FOR THE SERVICES DURING THE YEAR PRECEDING THE ALLEGED
BREACH BY AMERICAN DATABANK OF THIS AGREEMENT.
Governing
Law
These terms and conditions are governed by the laws
of Colorado without regard to conflicts of law provisions.
You hereby consent to the exclusive jurisdiction and
venue of the courts in Denver County, Colorado. This
agreement constitutes the entire agreement between
American DataBank and your company, and it supersedes
all prior or contemporaneous communications, promises
and proposals, whether oral, written or electronic.
If any provision is deemed to be unlawful or unenforceable,
it will not affect the validity and enforceability
of the remaining provisions. The section headings
are for convenience only and do not have any force
or effect.
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