Terms of Use

C3 USER AGREEMENT
This Agreement (hereinafter “Agreement”) sets forth the terms and conditions under which C3 Business Information, Inc, a Florida corporation located principally in Tampa, FL (hereinafter “(C3”) provides to you (hereinafter “User”) the right to access and use for personal and/or internal business purposes only. The Service is available only to employees or other authorized individuals who can legally bind User under applicable law and is not available to minors (typically individuals younger than 18-years-old). We reserve the right to deny access to all or part of the Service at any time in our sole discretion.
User understands and agrees that the Service is regulated by the Registration Form (as described hereinafter) and the latest version of any written or electronic Agreement both accepted by signing or clicking “Log in”. User understands and agrees that C3 Corp. may modify from time to time the Agreement and that she/he/it has the duty to read Agreement. Every time he accepts it by signing or clicking “Log in”.

1. Definitions.
(a) “Content” means all information, data, text, images, photographs, video, sound and other multimedia elements owned by or licensed to C3 and offered by C3. on the Service.
(b) “Information Providers” means third parties providing to C3 the information and data offered by C3 on the Service.
(c) “Information Providers’ Special Terms and Conditions” means specific terms and conditions to be applied to the use of information and data provided by specific Information Providers. “Information Providers’ Special Terms and Conditions” shall be considered incorporated into this Agreement.
(d) “UserID” means the unique identifier used by User to enter the Service.
(e) “Password” means the confidential code that the User must enter in conjunction with the UserID to access to the Service together with the UserID.
(f) “Service” means the C3 Business information reports and other services, owned by C3., located and described at http://www.c3bizinfo.com.com through which C3 offers news, information, data and other content in electronic format created or compiled by C3.. The Service may be modified by C3 from time to time..
(g) “Site” means the site http://www.c3bizinfo.com through which User can access to the Service.
(h) “Sell” means to resell information to end users
(i) “Distribute” means to sell information to resellers.

2. User ID/Password/Security. The information that the User provides to C3 during the registration process or in any public message area must be current, complete, and verifiable. If the User provides incomplete or inaccurate information, C3 may terminate User’s account. The User may not use his/her/its UserID and Password for any unauthorized purpose. The User may not disclose User’s Password to third parties. The User is responsible for any and all actions taken under his/her/its User ID and Password. The User must notify C3 immediately of any unauthorized use of User’s ID or Password or any other breach of security. Passwords not selected by the Users themselves must be changed after the first login. All Passwords must be changed every ninety (90) days. Password must be at least eight (8) characters long, without including any direct references to the User and must not be easy to guess.

3. Ownership. User acknowledges and agrees that the Content is derived from databases that belong to Information Providers and that C3 and Information Providers retain all right, title and interest, including without limitation copyright and other proprietary rights, in the Service and the Content.

4. Use and access restrictions. The User shall use the Service and the Content only for personal or internal business purposes. The User shall not copy, reproduce in any form, license, Sell, transfer, make available or otherwise Distribute the Service, the Content or any part thereof to any entity or person, except that User may make one (1) electronic and/or one (1) paper copy of any Content specifically purchased by the User from C3 provided that such copies are used solely for User’s personal or internal business use. User shall immediately notify C3 of any unauthorized use, copying or distribution of the Service and of the Content of which User becomes aware, and User shall use his/her/its best efforts to immediately stop all such unauthorized use. In no event shall User use the Service or Content for any purpose that competes with the business of either C3 or its Information Providers.
5. Delivery. User will be able to access to the Service solely through the Internet, using compatible browser. Access to Service will be possible for the User only through use of a valid UserID and Password.

6. Service Message: All communications regarding the Service will be sent to the User at the e-mail address provided by User in the Registration Form, and, to the extent that notice is required under this Agreement, User agrees that email addressed to such email address constitutes sufficient and valid notice.

7. Charges and payment.
The User agrees to pay C3 the charges for all access to Content on the Service as they become due. Charges will be calculated in accordance with the rates listed in www.c3bizinfo.com, as amended from time to time. The User will be required to pay an activation fee in order to cover costs related to the activation of the User. Further specific economic and payment conditions are included in the Registration Form signed or accepted by clicking “I agree”.

8. Availability of Service. The User understands and agrees that the availability of the Service may be interrupted, for maintenance services or otherwise, from time to time. C3 is not responsible for any such delays or outages. C3 reserves the right to make modifications and improvements to the Service and its conditions of availability.

9. Term and termination.
The Agreement shall commence on the date it is physically signed by the User or accepted by clicking the “I Agree…” button and shall remain in effect for the term included in the Registration Form or until one of the following, upon which the Password and the UserID will be disabled by C3:
a. if User provides written notice to C3 that he/she/it will cease to use the Service.
b. if C3 gives the User a prior written notice of 10 days by fax or e-mail.
c. if the User is in breach of its warranties, obligations and duties provided under articles 3, 5, 8, 13, 14, 15 or 16 of the Agreement, and is notified of such breach in writing, fax or e-mail by C3 . In this case, the Agreement is canceled without prejudice to any other remedy of C3.

10. Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES 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.

C3 DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE OR ACCESSIBLE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE WILL BE SECURE OR OPERATE WITHOUT ERROR OR THAT THIS SITE OR SERVICES WILL MEET USER’S REQUIREMENTS.

C3 AND ITS INFORMATION PROVIDERS MAKE NO REPRESENTATIONS AND/OR WARRANTIES THAT THE CONTENT OR THE RESULT OBTAINED FROM USING IT IS ACCURATE AND/OR COMPLETE AND/OR DOES NOT CONTAIN ANY LIBELOUS OR DEFAMATORY MATTER. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, C3 DISCLAIMS ANY AND ALL SUCH WARRANTIES.

11. Liability. C3 and its Information Providers’ total liability arising out of any type of legal claim (whether in contract, tort or otherwise) shall be limited to any amounts the User may have paid to C3 during the twelve (12) month period immediately preceding the date on which such claim arose and, in the absence of any such payment, C3 and its Information Providers shall have no liability. To the maximum extent permitted by applicable law, in no event will C3 or its Information Providers be liable for any indirect, consequential, incidental, special, multiple, punitive or similar damages including, but not limited to, damages for lost profits, loss of goodwill, loss of data, or any and all other loss resulting from the use of the Service by the User.

12. Warranties and representation of the User. The User represents and warrants that all the personal data declared by the User in the present Agreement and in the Registration Form and entered by the User in using the Service is true and corresponds to the user named in the Registration Form. The User represents and warrants that they have the legal capacity and powers to subscribe the present Agreement.

13. Other duties and liabilities of the User. The User hereby agrees not to use the Service or related communication services to:
a) disturb, abuse of, and in any way violate rights of third parties, included but not limited to right of privacy;
b) infringe any applicable laws and regulations, included but not limited to, laws and regulations about privacy;
c) send or forward messages or communications which are abusive, offensive, obscene, or of such nature to give intentionally offence to any recipient;
d) send or forward messages which promote, sell or advertise any product or service to any recipients; and/or
e) send or forward files or other material which is affected by viruses or similar problems;
The User agrees not to allow third parties, other than duly authorized employees of the User, to use, take possession of or have knowledge of the UserID and/or the Password. In the event that there is the possibility that the UserID or the Password is known by third parties for any reason (e.g., theft or loss), the User shall notify C3 of this possibility as soon as the User has knowledge of it, and then shall confirm it to C3, within the following 24 hours, by registered or certified mail, return receipt requested. In this event the User has the responsibility for any use of the Service until 12 o’clock of the first working day following the date on which C3 receives said notice from the User. It is understood that C3 will use reasonable efforts to disable the Password as soon as possible upon notification. In addition the User agrees to comply with all additional terms and conditions -also set forth by the Information Providers as published and posted on the Service from time to time. Such additional terms and conditions shall be deemed to be part of this Agreement.

14. Indemnification. The User agrees to indemnify, defend and hold harmless C3 and the Information Providers from any and all claims, damages, liabilities, costs, charges, and expenses, including attorneys’ fees, arising out of any breach of this Agreement by the User, including any use of the Content which is not expressly authorized under this Agreement, including without limitation any violation of copyrights belonging to third parties.

15. Safe Harbor compliance. C3 declares to be Safe Harbor compliant and the User can display C3 privacy notice on the Site. That means that data included in the Content and transferred from the European Union to C3 are processed in compliance with Safe Harbor.

16. General.
(a) This Agreement shall be executed in two counterparts, one in English language and one in the language of the User’s country if available, each of which shall be deemed to be an original, and each of which shall constitute one and the same agreement.
(b) This Agreement and any subsequent written or electronic agreement executed by User, shall comprise the complete agreement between User and C3, and shall supersede all preceding agreements and proposals, whether or not oral or written
(c) Neither C3 nor its Information Providers shall be responsible for delays or performance failures caused from acts beyond their reasonable control. Without limiting the generality of the foregoing, the parties agree that the functioning of the Internet and of the national and international telephone networks are beyond the reasonable control of C3.
(d) The User’s name and address will be stored on the C3’ databases. This information as well as details strictly limited to accounting may be given to Information Providers. Information entered by the User in using the Service shall be also stored in C3’ data base to service the User’s requirements and also for marketing purposes of C3 and of companies belonging to the same legal corporate or group structure as C3.
(e) User may not assign or transfer any of the rights and obligations herein without the prior written consent of C3.
(f) C3 may assign or transfer all or part of the right and obligations herein, providing that notice is given to the User by fax or e-mail.
(g) This Agreement shall be subject to and governed by the laws of the state of Florida, in the United States. The parties hereby agree that any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in the Middle District of Florida, and User hereby consent to personal jurisdiction in such courts. C3 shall be entitled, at its discretion, to initiate proceedings before the Courts where the User shall have its registered office.
(h) If any provision of this Agreement is deemed illegal or unenforceable, all other provisions shall remain in effect.

“Information Providers’ Special Terms and Conditions”:

Special Terms and Conditions for the use of information and data provided by Experian:
EXPERIAN TERMS & CONDITIONS
A. Restrictions on Use. In consideration for Customer’s right to receive and use certain data and services (collectively, the “Services”) from Experian, Customer agrees to the following Experian Terms & Conditions for the Services:
1) 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 and will not be resold;
2) will not be used as a factor in establishing an individual’s eligibility for credit or insurance to be used primarily for personal, family or household purposes, or employment purposes;
3) will be used in compliance with all applicable laws, regulations and ordinances, and all special use restrictions set forth in the Agreement or adopted by Experian and/or C3 hereafter;
4) will be maintained in confidence and disclosed only to persons whose duties reasonably relate to the business purposes for which the information was requested; and
5) Customer acknowledges that the Services it receives from Experian under this Agreement include non-public information about businesses and, as such, customer agrees that, except as authorized by C3 it will maintain the Experian Services 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.

B. Warranty Disclaimer and Limitation of Liability. Customer further acknowledges and agrees that the data and services:
1) are not guaranteed and that neither the C3, Experian nor their sources will be liable to the Customer for any loss or damage based on any errors or omissions there from;
2) are subject to the following exclusion of warranty. NEITHER EXPERIAN NOR ITS SOURCES GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, DATA OR THE MEDIA ON WHICH THE DATA IS PROVIDED AND SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY EXPERIAN’S OR ITS SOURCES’ ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE DATA OR SERVICES. IN NO EVENT SHALL EXPERIAN OR ITS SOURCES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT, AND HOWEVER CAUSED, EVEN IF C3, EXPERIAN OR THEIR SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH STATES EXPERIAN’S AND ITS SOURCES’ ENTIRE LIABILITY AND THE SOLE REMEDY OF CUSTOMER IN CONNECTION WITH THE PROVISION OF THE DATA AND SERVICES.

IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, LIABILITY CAN BE IMPOSED ON, EXPERIAN OR ITS SOURCES, THEN CUSTOMER AGREES THAT THE AGGREGATE LIABILITY FOR ANY OR ALL LOSSES OR INJURIES TO CUSTOMER CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THE AGREEMENT, 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 EXPERIAN BY ANY PERSON OR ENTITY FOR THE AFFECTED SERVICES AND CUSTOMER COVENANTS AND PROMISES THAT IT WILL NOT SUE EXPERIAN OR ITS SOURCES FOR AN AMOUNT GREATER THAN SUCH SUM AND THAT IT WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST EXPERIAN OR ITS SOURCES.

C. These terms and conditions are in addition to those found in any agreement between customer and C3 and are entered into by Customer for the benefit of C3 and Experian. If there is any conflict between these Experian Terms and Conditions and those in any agreement with C3 then these terms and conditions will apply. These Experian Terms and Conditions will be governed by and construed in accordance with the internal substantive laws of the State of California, USA. The parties agree that the venue for any dispute arising out of the access to, or use by, Customer of any information or data provided by Experian shall be in Orange County, California, whether brought in federal or state court.