1. The content, data, products, INFORMATION and services provided HEREIN (collectively, the “services”) are FURNISHED IN CONFIDENCE FOR LEGITIMATE BUSINESS PURPOSES. C3 bUSINESS INFORMATION, INC. (“C3”) SHALL not BE LIABLE FOR ANY LOSS, DAMAGE or injury BASED ON ANY ERRORS OR OMMISSIONS THEREFROM OR AS A RESULT OF USE OR RELIANCE UPON the services by customer TO WHICH THIS REPORT IS PROVIDED or a third party.
2. The services are provided on an “as is” basis and without warranties OR GUARANTEE of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, C3 disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose or any implied warranties arising from course of dealing or usage of trade.
3. C3 makes no representations and/or warranties regarding the accuracy, THE CURRENTNESS and/or the completeness of THE DATA IN THIS REPORT AND/OR the services or of the results obtained from using THE DATA IN THIS REPORT AND/OR the services. To the full extent permissible under applicable law, C3 disclaims any and all such warranties.
4. C3 will not be liable whether in contract, warranty, tort, OR UNDER ANY STATUTE, including, but not limited to, negligence, product liability or other theory, to the customer or any other third party, person or entity for cost of cover or for any indirect, incidental, special, consequential OR PUNITIVE damages (including without limitation damages for loss of profit, revenue, business or data) arising out of THE SERVICEs OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) SUPPLIED BY C3, even if such party has been advised of the possibility of such costs or damages. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS. FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING the foregoing, if LIABILITY CAN BE IMPOSED ON c3, THEN CUSTOMER AGREES THAT THE AGGREGATE LIABILITY OF C3 FOR ANY OR ALL LOSSES OR INJURIES TO CUSTOMER or a third party, REGARDLESS OF THE CAUSE OR THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE AMOUNT PAID TO c3 BY ANY PERSON OR ENTITY FOR THE AFFECTED SERVICES AND CUSTOMER COVENANTS AND PROMISES THAT IT WILL NOT SUE c3 FOR AN AMOUNT GREATER THAN SUCH SUM AND THAT IT WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST c3. THIS foregoing represents c3’s ENTIRE LIABILITY AND THE SOLE REMEDY OF CUSTOMER IN CONNECTION WITH THE PROVISION OF THE SERVICES and the data.
5. The Services will not be used as a factor in establishing an individual’s eligibility for personal credit or insurance or used for personal, family or household purposes, or employment purposes.
6. Customer acknowledges that the Services it receives from c3 include non-public information about businesses and, as such, customer agrees that it will maintain the information in strict confidence and will not disclose such information other than to its employees who have a need to know, or pursuant to legal requirements.
7. The Services will be used in compliance with all applicable laws, regulations and ordinances, and all special use restrictions set forth in the Agreement or hereafter adopted by C3.
8. BY RECEIPT OF THIS REPORT, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD C3 HARMLESS FROM AND AGAINST CLAIMS, ACTUAL LOSS, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM CUSTOMER’S OR ANY THIRD PARTY’S BREACH OF THE OBLIGATIONS SET FORTH HEREIN OR VIOLATION OF ANY APPLICABLE LAW, REGULATION OR ORDINANCE.
9. Limitations on the use of this data: (a) data contained in this report may not be used for any “permitted purpose” covered by the Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.); (b) the data contained in this report may not be used for marketing purposes; (c) the data contained in this report will be used solely in connection with a present or prospective credit or financial transaction with the business entity inquired upon, or for other legitimate commercial purposes, for internal use only; and (d) THE DATA CONTAINED IN THIS REPORT WILL NOT BE USED IN VIOLATION OF ANY STATE OR FEDERAL STATUTE OR REGULATION.