THE LEGAL AGREEMENT ("AGREEMENT") SET OUT BELOW GOVERNS YOUR USE OF RIEMERPLUS CANTALUPO & SHERMAN WEBSITE.
TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE,"
AND DO NOT USE THE SERVICE.
Riemer Reporting Service is the provider of the commercial credit reports, which permits you to
obtain reported credit information and data.
The antitrust laws of the United States permit trade associations to establish facilities or services
providing for lawful exchange of credit information with other interested parties and members.
Decisions to this effect have been upheld by the Supreme Court of the United States. Participants
of the credit interchange should be extremely careful to avoid concerted action, which may result
in a decision not to sell customers. While the law permits members to exchange credit information
participants must adhere to the following.
- Participants must not engage in any agreement or understanding, expressed or implied:
All participants must make their own credit decisions based upon their individual standards of creditworthiness.
No participant may plan, discuss with, or reveal, either explicitly or implicitly, any
future actions or policies which might be taken by a participant individually with repect to
prices, terms of sale, including credit policies as to late charges, discounts,
allowances, or any other activity with respect to an account.
No participant may exchange or collect information as to prospective prices,
proposed credit policies and planned terms or conditions of sale.
No participant may act in concert or agree with respect to any of the foregoing topics,
whether at an official meeting of the association, through on-line corrospondence, or in private
meetings before or after offical functions.
It shall be the responsibility of each participant and of the Association to prevent and
disallow the above activites.
Meetings and on-line forums will be conducted in strict accord with the laws governing the
exchange of credit information, and it is the responsibility of each participant to be thoroughly
familliar and abide by those laws.
- to fix or determine to whom sales are to be made or credit is to be extended;
- to establish joint or uniform prices, discounts, terms, and conditions under which
sales are to be made or credit is to be extended;
- to concertedly refuse to sell merchandise or extend credit to an account;
- to undertake any other activity jointly with respect to any account discussed before
Any violation of the above may be a per se violation of the antitrust laws and may expose participating
members to criminal as well as civil penalties of the most stringent kind. Such action may even lead to
the dissolution of RiemerPlus Cantalupo & Sherman.
The information available through this Service is provided in strict confidence for legitimate credit
reporting and only for business and independent use by you or your credit personnel. Confidentiality
of the information available through this Service should be of the highest priority and must not be
disclosed to any unauthorized parties including, but not limited to, yours or other members' customers.
As a registered user of the Service, you may establish an account ("Account") in accordance with
the Usage Rules, below. Don't reveal your Account information to anyone else. You are solely
responsible for maintaining the confidentiality and security of your Account and for all activities
that occur on or through your Account, and you agree to immediately notify RiemerPlus Cantalupo & Sherman
of any security breach of your Account. RiemerPlus Cantalupo & Sherman shall not be responsible for any
losses arising out of the unauthorized use of your Account.
You agree to use the Service in compliance with usage rules including the Credit Interchange Program
Guidelines and all applicable antitrust laws. RiemerPlus Cantalupo & Shermanreserves the right to modify
the usage rules at any time. You are authorized to use the Service only for commercial use.
You agree not to, or attempt or assist another person to, violate, circumvent, reverse - engineer,
decompile, disassemble, or otherwise tamper with the Service.
In addition you agree that you will NOT use the Service to:
- upload, download, post, email, transmit, store or otherwise make available any content
that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent,
obscene, vulgar, invasive of another's privacy or rights, hateful, racially or ethnically offensive,
or otherwise objectionable;
- stalk, harass, threaten or harm another in violation of law;
- engage in any copyright infringement or other intellectual property infringement, or disclose any
trade secret or confidential information in violation of a confidentiality agreement;
- post, send, transmit or otherwise make available any unsolicited or unauthorized email messages;
- upload, post, email, transmit, store or otherwise make available any material that contains viruses
or any other computer code, files or programs designed to harm, interfere with or limit the normal operation
of the Service (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Service, or any servers or networks connected to the Service, or any
policies, requirements or regulations of networks connected to the Service (including any unauthorized
access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity;
and/or gather and store confidential information on any other users of the Service to be used in connection
with any of the foregoing prohibited activities;
When you use some
features of the Service, such as inviting other users to join the Service, participating in leader boards,
or displaying status messages, the information you share is visible to other users and can be read,
collected, or used by them. You are responsible for the information you choose to submit in these
SUBMISSIONS TO THE SERVICE
The Service may offer interactive features that allow you to submit materials (including links to third-party
content). You agree that any use by you of such features, including any materials submitted by you, shall be
your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws,
contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene or objectionable.
You also agree that you have obtained all necessary rights and licenses to make such submissions. You agree to provide
accurate and complete information in connection with your submission of any materials to the Service. You hereby
grant RiemerPlus Cantalupo & Sherman a worldwide, royalty-free, non-exclusive license to use such materials as part
of the Service or in providing or marketing the Service, without any compensation or obligation to you.
RiemerPlus Cantalupo & Sherman reserves the right to not post or publish any materials and to remove or edit any
materials, at any time in its sole discretion without notice or liability.
RiemerPlus Cantalupo & Sherman
has the right, but not the obligation, to monitor any materials submitted by you or otherwise available
on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action
in its sole discretion it deems appropriate, including, without limitation, termination at will hereunder.
Certain content and services available via the Service may include materials from third parties. RiemerPlus
Cantalupo & Sherman may provide links to third-party web sites as a convenience to you. You agree that
RiemerPlus Cantalupo & Sherman is not responsible for examining or evaluating the content or accuracy and
RiemerPlus Cantalupo & Sherman does not warrant and will not have any liability or responsibility for any
third-party submitted data, materials or web sites, or for any other materials, products, or services of third
parties. You agree that you will not use such materials in a manner that would infringe or violate the rights
of any other party and that RiemerPlus Cantalupo & Sherman is not in any way responsible for any such use
You agree that the Service, including but not limited to graphics, user interface, audio clips, video
clips, editorial content, and the scripts and software used to implement the Service, contains proprietary
information and material that is owned by RiemerPlus Cantalupo & Sherman and/or its licensors, and is protected
by applicable intellectual property and other laws, including but not limited to copyright. You agree that
you will not use such proprietary information or materials in any way whatsoever except for use of the Service
in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means,
except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute,
or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any
unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, RiemerPlus Cantalupo & Sherman and its licensors
reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising
a part of the Service at any time without notice. In no event will RiemerPlus Cantalupo & Sherman be liable
for making these changes. RiemerPlus Cantalupo & Sherman may also impose limits on the use of or access to
certain features or portions of the Service, in any case and without notice or liability.
The use of the software or
any part of the service, except for use of the service as permitted in this Agreement, is strictly prohibited
and may subject you to civil and criminal penalties, including possible monetary damages.
RiemerPlus Cantalupo & Sherman, the RiemerPlus Cantalupo & Sherman logo, and its other trademarks,
service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks
of RiemerPlus Cantalupo & Sherman. Other trademarks, service marks, graphics, and logos used in connection
with the Service may be the trademarks of their respective owners. You are granted no right or license with
respect to any of the aforesaid trademarks and any use of such trademarks.
If you fail to comply with any of the provisions of this Agreement, no longer meet the eligibility
requirements of the RiemerPlus Cantalupo & Sherman's Credit Interchange Program, or have a conflict of
interest as determined by RiemerPlus Cantalupo & Sherman, RiemerPlus Cantalupo & Sherman, at its sole
discretion, without notice to you may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate
the license to the Service; and/or (iii) preclude access to the Service (or any part thereof). RiemerPlus
Cantalupo & Sherman reserves the right to modify, suspend, or discontinue the Service (or any part or content
thereof) at any time with or without notice to you, and RiemerPlus Cantalupo & Sherman will not be liable to
you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
RiemerPlus Cantalupo & Sherman does not guarantee, represent, or warrant that your use of the service will be
uninterrupted or error-free, and you agree that from time to time it may remove the service for indefinite
periods of time, or cancel the service at any time, without notice to you.
You expressly agree that
your use of, or inability to use, the service is at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated herein) provided "as is" and "as
available" for your use, without warranties of any kind, either express or implied, including all implied
warranties of merchantability, fitness for a particular purpose, title, and noninfringement. In no case
shall RiemerPlus Cantalupo & Sherman, its directors, officers, employees, affiliates, agents, contractors, or
licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising
from your use or inability to use the service or for any other claim related in any way to your use of the
service, 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 (or product) posted, transmitted, or otherwise
made available via the service.
You agree that your submission of such information is at your sole
risk, and RiemerPlus Cantalupo & Sherman hereby disclaims any and all liability to you for any loss or liability
relating to such information in any way.
RiemerPlus Cantalupo & Sherman does not represent or guarantee
that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other
security intrusion, and Riemer Reporting Service disclaims any liability relating thereto.
WAIVER AND INDEMNITY
By using the service, you agree to indemnify and hold RiemerPlus Cantalupo & Sherman, its directors,
officers, employees, affiliates, agents, contractors, and licensors ("RiemerPlus Cantalupo & Sherman
parties") harmless with respect to any claims arising out of your breach of this Agreement, your use of the
service, or any action taken by RiemerPlus Cantalupo & Sherman parties as part of its investigation of a
suspected violation of this Agreement or as a result of its finding or decision that a violation of this
Agreement has occurred. This means that you cannot sue and hereby irrevocably waive rights to recover any damages
from RiemerPlus Cantalupo & Sherman parties as a result of its decision to remove or refuse to process any
information or content, to warn you, to suspend or terminate your access to the service, or to take any other
action during the investigation of a suspected violation or as a result of RiemerPlus Cantalupo & Sherman's
conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all
violations described in, resulting from, or contemplated by this Agreement or under law or equity.
RiemerPlus Cantalupo & Sherman reserves the right at any time to modify this Agreement and to impose new or
additional terms or conditions on your use of the Service. Such modifications and additional terms and
conditions will be effective immediately and incorporated into this Agreement. Your continued use of the
Service will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and RiemerPlus Cantalupo & Sherman and governs
your use of the Service, superseding any prior agreements between you and RiemerPlus Cantalupo & Sherman
regarding the Service. You also may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content, or third-party software. If any part of this Agreement is held
invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall
remain in full force and effect. RiemerPlus Cantalupo & Sherman's failure to enforce any right or provisions
in this Agreement will not constitute a waiver of such or any other provision. RiemerPlus Cantalupo & Sherman
will not be responsible for failures to fulfill any obligations due to causes beyond its control. You
agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations
that apply to your use of the Service . All transactions on the Service are governed by Ohio state law,
without giving effect to its conflict of law provisions. Your use of the Service may also be subject to
other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with RiemerPlus Cantalupo
& Sherman or relating in any way to your use of the Service resides in the courts of the State and County of
Ohio. Risk of loss and title for all electronically delivered transactions pass to the purchaser upon
electronic transmission to the recipient. No RiemerPlus Cantalupo & Sherman employee or agent has the authority
to vary this Agreement.
RiemerPlus Cantalupo & Sherman may send you notice with respect to the Service by sending an email message
to your Account email address or a letter via postal mail to your Account mailing address, or by a
posting on the Service. Notices shall become effective immediately.
RiemerPlus Cantalupo & Sherman
reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or
verify compliance with any part of this Agreement. You agree that RiemerPlus Cantalupo & Sherman has the right,
without liability to you, to disclose information to law enforcement authorities, government officials,
or under Court Order, as it believes is reasonably necessary or appropriate to enforce and/or verify
compliance with any part of this Agreement.