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Acceptable Use Policy
This Acceptable Use Policy (“AUP”) identifies activities and content that are prohibited on, through or in connection with your use of any platform, system, network, website, product, report, tool or service (each, a “Digital Asset”) made available by or on behalf of CreditXpert, Inc. (“CreditXpert”). This AUP is not exhaustive and CreditXpert may modify this AUP from time to time, in its sole discretion. By accessing or using any Digital Asset, you accept the most recent version of this AUP and agree to use a Digital Asset only in a manner consistent with this AUP. Any use, activity or content which violates this AUP may result in deletion of non-compliant content, and/or the suspension or termination of your ability to access or use an applicable Digital Asset, and constitutes a breach of your agreement with CreditXpert or an applicable CreditXpert reseller.
Prohibited Uses of a Digital Asset
A Digital Asset may be used only for lawful purposes and activities which are otherwise not harmful or offensive to CreditXpert or others, as determined by CreditXpert in its sole discretion. Without limiting the generality of the foregoing, without the express written permission of CreditXpert neither you nor any of your employees or agents may use a Digital Asset, directly or indirectly, to:
- Infringe or violate the intellectual property or proprietary rights of CreditXpert or others;
- Invade the privacy of or violate the privacy rights of others, or violate any person’s rights of publicity;
- Solicit or collect personally identifiable information from children under the age of 16;
- Provide false or inaccurate information, impersonate any other person or entity, or falsely state or otherwise misrepresent your identity, age, or affiliation with any other person or entity;
- Engage in fraud, identity theft, or any other deceptive activity or unlawful conduct;
- Upload, post, transmit or distribute viruses, worms, Trojan horses or any other malicious code that may damage, impact, gain unauthorized access to or interfere with the operation of a Digital Asset or any server, computer, system, database, or data; or
- Display or facilitate the display of third party advertising or marketing materials or any commercial content not approved by CreditXpert.
- Engage in any activities that may be harmful or offensive to CreditXpert or others, as determined by CreditXpert;
- Use a Digital Asset for any commercial purpose, or for the benefit of any third party, except pursuant to a written agreement signed by CreditXpert or an authorized CreditXpert reseller;
- Use a Digital Asset in contravention or breach of a fiduciary or contractual duty;
- Mirror or frame a Digital Asset or any individual element within a Digital Asset;
- Use, reproduce or display any CreditXpert trademarks, service marks, logos or other proprietary information without the express written consent of CreditXpert;
- Attempt to access, search, scrape, download or copy a Digital Asset or any software, content or data, through the use of any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by CreditXpert or other generally available browsers, except as authorized by CreditXpert in writing or through policies published on the applicable Digital Asset (e.g., a robots.txt file);
- Access, attempt to gain access to, or use non-public areas of a Digital Asset, including any connected servers or databases;
- Probe, scan, or test the vulnerability of a Digital Asset;
- Avoid, bypass, impair, circumvent or otherwise breach or attempt to breach any security or authentication measures of a Digital Asset;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide a Digital Asset;
- Interfere with or disrupt a Digital Asset or servers or networks connected to a Digital Asset;
- Engage in excessive usage of a Digital Asset, as determined by CreditXpert in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Digital Asset, or disrupts the availability of a Digital Asset for other users.
- Send any unsolicited or unauthorized electronic mail, advertising messages, promotional materials, junk mail, chain letters or other form of solicitation; or
- Violate any international, federal, state or local law, rule, regulation, ordinance or order (“Law”), including: (i) Laws regarding defamation, pornography, or obscenity; (ii) the federal CAN-SPAM Act of 2003 and all other Laws related to unsolicited commercial messages; (iii) the federal Fair Credit Reporting Act, the Gramm-Leach-Blilely Act, the Credit Repair Organization Act, and any other Laws regarding consumer privacy or the transmission, processing or use of consumer financial or credit data; and (iv) the federal Real Estate Settlement Procedures Act, the Equal Credit Opportunity Act, the Community Reinvestment Act, any other Laws regarding the marketing, underwriting, settlement or extension of consumer loans.
Content Prohibited on any Digital Asset
You agree not to upload, transmit, communicate, distribute, post or otherwise use or make publicly available any text, comments, documents, images, photographs, graphics, videos, movies, audio files or other materials or content, regardless of media or format, which in any way:
- consists of or contains any information or content that violates any Law, or encourages any conduct that violates any Law;
- contains any information or content deemed by CreditXpert to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, harassing, tortious, humiliating to other people (publicly or otherwise), threatening, intimidating, profane, obscene, pornographic, indecent, or otherwise objectionable;
- infringes, violates or (if used) may infringe or violate any third party’s copyright, trademark, trade secret, patent, privacy rights, publicity rights, or other intellectual property, personal or proprietary rights;
- is fraudulent, false, misleading, or deceptive;
- comprises or includes any “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any similar form of solicitation;
- may damage, interfere with, surreptitiously intercept, expropriate, or otherwise gain unauthorized access to or use of a Digital Asset or any other website, system, program, database or data; or
- consists of or includes third party advertising, marketing materials, links or commercial materials not approved by CreditXpert.
Investigation / Reporting of Violations
CreditXpert reserves the right, but is not obligated, to investigate any violation of this AUP and/or remove or prevent access to any materials or content on a Digital Asset for any reason or for no reason, including any materials or content that CreditXpert believes violates this AUP or any other agreement. CreditXpert may also report any activity that we suspect violates any law, rule, regulation, ordinance or order to the appropriate law enforcement agencies, regulators, or other appropriate governmental authorities or third parties. You agree that CreditXpert may cooperate with any governmental authority in connection with any investigation into the use of a Digital Asset and may disclose any information pertinent to such investigation to the investigating authority in response to valid order or demand, or otherwise in CreditXpert’s sole discretion.
This AUP was last revised on and is effective as of: October 8, 2020.