TERMS OF SERVICE

Thank you for subscribing to CreditLex. These Terms of Service, including the Privacy Policy, Security Policy and the Pricing Policy, which are incorporated herein by this reference and which You can access at www.bullcredit.com (collectively, the “Terms”), are a binding legal contract between CreditLex LLC, its affiliates, licensors, and subsidiaries (collectively, “CreditLex”), and the individual or legal entity who subscribes to or purchases the CreditLex Services (“You” or “Your”). By clicking the “I AGREE” button or by installing, accessing or using the CreditLex Services, You represent that You have the authority to enter into these Terms. If You do so on behalf of a legal entity, You represent and warrant that You have the authority to accept these Terms on behalf of that legal entity, and to bind the legal entity to these Terms.

These Terms govern Your use of any CreditLex service offerings or features, including free services, the CreditLex website, any downloadable software which is provided solely for the purpose of accessing the Services (the “Software”), and any updates and written documentation (together with the Software, the “Services”). Your continued use of the Services following modification to the Services or these Terms, constitutes Your agreement to be bound by the application of the Terms to the modified Services or the modified Terms. To stay informed of any changes, please review the most current version of these Terms at www.CreditLex.com/terms. If You do not agree to be bound by these Terms, You may not use the Services.

YOUR ACCOUNT

To access and use the Services, You must create a CreditLex account that is protected by a username and password (Your “Account”). You agree to provide CreditLex with accurate and complete information when You register for an Account. You represent and warrant that You, individually, and each user (to include, without limitation, attorney or employee) is licensed to practice law in the jurisdiction(s) noted in Your account profile, or that You are otherwise authorized to access Your Account and the CreditLex system and Services on behalf of the legal entity holding a subscription to CreditLex. You agree to keep Your password and other Account details secret, and not share them with anyone else, in order to prevent unauthorized access to Your Account. If Your contact information or other Account information changes, You must update Your Account details promptly. After You create an Account, You may upload, download and access content and materials (Your “User Data”) for which You have a legal right to copy, public, share, store or otherwise use.

If You obtained access to the Services through a legal entity such as Your business or law firm, or through a CreditLex authorized affiliate, You acknowledge and agree that other users may have been designated to access, control or manage Your Account and Your User Data. You, not CreditLex, are solely responsible for Your Account and User Data. CreditLex is not liable for any loss or damage arising from any access to, sharing or use of, Your Account and User Data. If You believe there has been unauthorized access to Your Account or Your User Data, You must notify privacy@BullCredit.com immediately.

CreditLex takes Your right to privacy and the security of Your Account and User Data seriously. CreditLex’s Privacy Policy and Security Policy can be accessed by navigating the links above or visiting www.CreditLex.com/privacy and www.CreditLex.com/security. .

You are required to maintain the confidentiality of Your login and password. You are responsible for the activities that occur under Your account, login or password. CreditLex is not responsible for any loss or damage arising from Your failure to maintain the confidentiality of Your account, login information or password and/or Your failure to comply with these Terms.

Your Subscription

Your subscription to the Services will begin on the earliest of (1) the day and time You click the “I AGREE” button, (2) when You first use the Services or (3) the start date of the Subscription Period as provided to You by an authorized CreditLex representative. Subscriptions last for a fixed period of time, for example, 1 year subscription, 2 year subscription, etc. (the “Subscription Period”).

To ensure there is no disruption in Your Service, Your subscription will automatically renew at the end of the Subscription Period and CreditLex will charge the then-current renewal fees to the credit card associated with Your Account, unless You cancel Your subscription prior to the end of the initial Subscription Period. If You cancel Your subscription, CreditLex is not obligated to refund subscription charges already paid and cancellation will take effect at the end of the current Subscription Period unless a sooner date is requested. After cancellation, You will no longer be able to use any Services or access Your Account or User Data. Your subscription will automatically terminate or expire upon the earliest of (1) non-renewal, cancellation or expiration of a subscription or failure to pay subscription fees when due, if applicable, (2) CreditLex’s discontinuation of the Services, or (3) failure to comply with these Terms. You acknowledge and agree that after non-renewal, cancellation or expiration of Your Subscription Period, CreditLex’s policy is to automatically delete all User Data protected by Your Account that is stored on CreditLex servers or on CreditLex’s third-party cloud storage providers; provided, however, You acknowledge and agree that all Client Data will remain available for use and access by other CreditLex subscribers after the non-renewal, cancellation or expiration of Your Subscription Period.

Free Services. CreditLex may offer free Services. Free Services require an active Account and may be subject to certain usage limits, which are explained in the documentation for each free Service. Free Services associated with Your Account that remain inactive for a period of ninety days may be removed and Your User Data deleted. CreditLex may discontinue free Services at any time and from time-to-time, at which point Your access to the free Service will end and any User Data will be deleted; provided, however, You acknowledge and agree that Client Data, if any, gathered, collected or retained in connection with any Free Services that are or may be offered, or provided, may remain available for use and access by other CreditLex subscribers.

Beta Services. CreditLex may designate certain enhancements and new releases of the CreditLex Services as “Beta Services.” Beta Services are not intended for use in a production environment. You acknowledge and agree that (1) Beta Services are experimental in nature, have not been fully tested and may be discontinued at any time, (2) Beta Services may not meet Your requirements or perform as intended, (3) use of Beta Services may not be uninterrupted, error free or free of faults, (4) Your use of Beta Services are for the sole purpose of evaluating and testing the service and providing feedback to CreditLex, and (5) You shall inform Your employees and other users regarding the nature of Beta Services. By using Beta Services You acknowledge the above conditions and expectations of performance and reliability. Your use of Beta Services is and shall be subject to these Terms.

USER DATA

You agree to provide and keep up-to-date, accurate and complete information pertaining to You or the legal entity You represent, when You register for an Account, and from time to time thereafter (as such information changes or requires updating) during the Subscription Period. By filing a Report or uploading any Client Data to the CreditLex System, You affirm the accuracy of all User Data in Your Account.

CLIENT DATA

By the filing of a Report or the uploading of any Client Data to the CreditLex System, You represent and warrant that all information provided, reported, or uploaded to CreditLex is accurate, true and complete. Client Data includes, without limitation: (i) the Name and last known address of the Client; (ii) the Client’s jurisdiction of formation or incorporation, as applicable (if known); (iii) the principals of the Client (Officers, Directors, Members); (iv) the length of time the Client’s invoice(s) remain unpaid (i.e., 60, 90, 120, 120+ days late, or “Unpaid”); and (v) whether or not the Client presently disputes or at any time disputed the invoice when tendered, or when payment was otherwise due. You agree to promptly notify CreditLex following the date You become aware that a Client disputes Your invoice at any time during the Subscription Period.

YOUR CONDUCT

You are solely responsible for ensuring that Your use of the Services, to include, without limitation, the filing of any Report, is in compliance with all applicable federal, state and local laws, foreign laws, rules and regulations, to include, without limitation, the applicable Bar Rules, ethical standards, and similar codes of conduct, if any, to which You are subject. The Services provide for the uploading and downloading of User Data, Client Data, and the accessing, hosting, storing, sharing and/or publishing of such User Data and Client Data. You shall be solely responsible for Your User Data, and for the accuracy of all Client Data for which You upload or provide to CreditLex. CreditLex does not endorse and has no control over the content of User Data, Client Data (including, without limitation, any Report) submitted by You, other users with access to Your Account, or other users. CreditLex assumes no responsibility whatsoever in connection with or arising from User Data, Client Data, any Report(s), or for actively monitoring User Data or Client Data for inappropriate or illegal content. In addition, the Services may use data received or obtained from Your device to determine Your location (“Location Data”). By using the Services, You hereby consent and permit CreditLex to use Location Data in order to provide the Services to You. CreditLex does not make any representation, warranty or guarantee of accuracy, completeness or timeliness with respect to any Location Data.

CreditLex may, immediately and without notice to You, terminate Your access to and use of the Services, including if You (i) harm, disrupt or otherwise engage in activity that diminishes the CreditLex brand, Services, computer system or network; (ii) misrepresent Your identity, impersonate any person or attempt to gain access to or illegally track any Account, data, computers or networks related to the Services, without authorization; (iii) use or manipulate a Service in any manner not specified by CreditLex, or expressly authorized by applicable law; (iv) use the Services for any illegal purpose, or to distribute any illegal, false, misleading or inaccurate, or unauthorized files or data, to include, without limitation, any false, misleading, or inaccurate Report; (v) directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services; (vi) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer Your Account the Services, except as expressly authorized by CreditLex; (vii) remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) from the Services.; or (viii) fail to comply in all respects with all applicable federal, state and local laws, foreign laws, rules and regulations, to include, without limitation, the applicable Bar Rules, ethical standards, and similar codes of conduct, if any, to which You are subject.

It is Your responsibility to use the Services in accordance with these Terms. You agree to defend, indemnify and hold CreditLex, its officers, directors, shareholders, affiliates, suppliers and licensors, harmless from and against any and all damages, fines, penalties, assessments, liabilities, losses, costs and expenses (including attorneys’ fees, expert fees and out-of-pocket expenses) in connection with Your use of the Services, Your violation of these Terms, any Client Data you upload, provide, publish, or make available to Bull Credit, any violation of the rights of any other person or entity by You, including any intellectual property rights, any misuse or fraudulent use of credit and debit cards, any claims that the Services or any part thereof were exported or otherwise shipped or transported by You in violation of applicable laws, rules and regulations, any claim of damages arising from or out of any Client Data you upload, provide, publish or make available to CreditLex through the CreditLex system, website and/or the Services, and/or any claim of misuse of the Services, including, but not limited to, any claim that any one or more of Your use of the Services, Your User Data, Client Data, or Location Data is tortious, illegal, improper, defamatory, libelous, inaccurate, incomplete, or otherwise damaging to persons or entities.

CREDITLEX PROPERTY

You may be required to download Software to use the CreditLex system or Services. The Software is licensed to You for the sole purpose of accessing the Services. The Services may automatically update the Software installed on Your computer, tablet, smartphone or any other electronic device (each, a “Device”) when a new version is available. While You have an active Account, CreditLex grants You a revocable, limited, non-transferable, non-exclusive license to access the CreditLex website and use the Software and Services for Your personal or internal business purposes only. You may use the Services only in accordance with the then-current documentation and customer support available at www.CreditLex.com, or as specified in other documentation provided by CreditLex or an authorized representative or affiliate. The Services may contain, or CreditLex may provide to You, third-party hardware, products, software or programming, or You may obtain third-party hardware, products, software or programming from third parties directly (the “Third-Party Components”), and You acknowledge that license terms accompanying such Third-Party Components will govern their use. For a list of open source Third-Party Components contained in the locally installed Client(s), please click here. Except for the limited license granted herein, You acknowledge that CreditLex or third parties own all right, title and interest in and to the Services, all copies thereof and all proprietary rights therein, including copyrights, patents, trademarks, logos, domain names or other brand features of CreditLex. You may provide feedback to CreditLex with respect to the Services and CreditLex may use feedback for any purpose without obligation of any kind. To the extent a license is required under Your intellectual property rights to make use of the feedback, You hereby grant CreditLex an irrevocable, non-exclusive, perpetual, royalty-free license to use the feedback in connection with CreditLex’s business, including enhancement of the Services.

DISPUTED CLIENT DATA

You agree to promptly notify CreditLex following the date You become aware that a Client disputes Your invoice at any time during or prior to the commencement of the Subscription Period. CreditLex may discontinue, suspend or modify the Services, any feature included in the Services, or the availability of the Services on any particular device at any time and without notice to You. If any third party makes a dispute claim (a “Dispute”) relating to Your Client Data, to include, without any limitation, any Report, CreditLex reserves the right to immediately note such Dispute on any Report filed or uploaded to Your Account. While not obligated to do so, CreditLex will endeavor to communicate any such actions to You by providing electronic notice to You or by posting relevant information to the CreditLex website or Your Account.

When a Report is filed with CreditLex under Your Account, CreditLex will provide (via electronic mail to the User contact information on file) written confirmation of the filing of the Report, which will include a personal identification number (“PIN”) identifying the Report. You agree to provide the Client with notice of the filing of the Report, which notice must include a URL / link to the CreditLex site and the original PIN. If any third party makes a dispute claim (a “Dispute”) relating to Your Client Data, to include, without any limitation, any Report, You agree to promptly notify CreditLex of the Dispute.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOUR INSTALLATION, USE AND ACCESS OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICE, SOFTWARE AND THE LOSS OF YOUR USER DATA THAT RESULTS FROM THE USE THEREOF. DEPENDING ON THE SERVICES YOU CHOOSE TO UTILIZE, YOUR USER DATA MAY NOT BE AVAILABLE OR RESTORABLE IF (1) CREDITLEX HAS NOT COMPLETED COPYING OR SYNCING YOUR USER DATA, (2) FOR FILES, FOLDERS OR DISK DRIVES THAT THE SERVICES DO NOT AUTOMATICALLY BACKUP OR SYNC PURSUANT TO CREDITLEX DOCUMENTATION, YOU DO NOT MANUALLY SELECT THEM FOR BACKUP OR SYNCING OR YOU UNSELECT CERTAIN USER DATA FOR BACKUP OR SYNCING, (3) YOU DELETE CERTAIN USER DATA FROM YOUR DEVICE AND DO NOT RESTORE IT WITHIN 30 CALENDAR DAYS AFTER DELETION, OR YOU DELETE A DEVICE FROM YOUR CREDITLEX ACCOUNT, (4) YOU MOVE USER DATA TO A LOCATION ON YOUR DEVICE THAT IS NOT AUTOMATICALLY SCANNED TO SELECT FILES FOR BACKUP OR SYNCING, OR YOU UPGRADE YOUR OPERATING SYSTEM RESULTING IN CHANGES TO YOUR FILE MAPPING, (5) YOUR DEVICE IS UNABLE TO ACCESS THE INTERNET OR NETWORK SERVICE, (6) CREDITLEX SERVERS OR NETWORK SERVICE IS UNABLE TO MAKE A CONNECTION WITH YOUR DEVICE, (7) YOU FAIL TO FOLLOW CREDITLEX’S TECHNICAL REQUIREMENTS AND DOCUMENTATION FOR UTILIZING THE BACKUP SERVICES, INCLUDING UPGRADING THE VERSION OF THE SERVICES AS REQUIRED AND PERIODICALLY TESTING YOUR BACKUPS AND RESTORES, OR (8) YOU TERMINATE YOUR LICENSE OR FAIL TO RENEW YOUR SUBSCRIPTION TO THE SERVICES.

THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT CREDITLEX DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (1) VIRUSES, WORMS, TROJAN HORSES AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (2) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR USER DATA, WEBSITES, DEVICES AND NETWORKS. CREDITLEX IS NOT RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR ACCOUNT, YOUR USER DATA AND YOUR DEVICES. YOU ACKNOWLEDGE AND AGREE THAT CREDITLEX SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE CONTACT OR OTHER INFORMATION, INCLUDING, BUT NOT LIMITED TO, YOUR FAILURE TO RECEIVE CRITICAL INFORMATION ABOUT THE SERVICES. THE SERVICES AND THIRD-PARTY COMPONENTS ARE PROVIDED “AS IS” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. CREDITLEX DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND THIRD-PARTY COMPONENTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. CREDITLEX DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CREDITLEX SHALL CREATE ANY ADDITIONAL CREDITLEX WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF CREDITLEX’S OBLIGATIONS HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CREDITLEX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR USER DATA, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA, LOSS OF USER DATA OR BUSINESS INTERRUPTION, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF CREDITLEX HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF CREDITLEX FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID BY YOU TO CREDITLEX IN THE 12 CALENDAR MONTHS IMMEDIATELY PRIOR TO THE DAMAGES ARISING. IF THE SERVICES ARE PROVIDED TO YOU WITHOUT CHARGE, THEN CREDITLEX SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THESE TERMS AND CREDITLEX’S AGREEMENT TO PROVIDE YOU THE SERVICES, AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE FOREGOING TERMS MAY NOT APPLY TO YOU.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to CreditLex that you will not use the Site for any purpose that is unlawful or prohibited by the Terms and Conditions. You may not use the CreditLex website in any manner, which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

USE OF THE CREDITLEX WEBSITE

Without limiting the generality of these Terms, and notwithstanding anything to the contrary herein, as part of Your use and access of www.bullcredit.com (hereinafter sometimes the “Site”) You agree You will not:

Violate any applicable laws, rules or regulations including without limitation, any fair housing laws, or any relevant industry or trade group rules or regulations.
Violate any applicable code of conduct or other guidelines.
Include material that is false or may mislead.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Include material that communicates bigotry, racism, hatred or harm against either individuals or groups, or that otherwise is harmful.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, pornographic, indecent or unlawful topic, name, material or information.
Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any material posted by another user of the Site that cannot be legally distributed in such manner.
Falsify or delete any author attributions, proper notices (legal or other) or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Site.
Harvest or otherwise collect information about others without their consent.

CreditLex has no obligation to monitor the user communication. However, CreditLex reserves the right to review materials posted to the Site and to remove any materials in its sole discretion. CreditLex reserves the right to terminate Your access at any time without notice, for any violations of the Terms and Conditions or spirit of the Site.

CreditLex reserves the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CreditLex’s sole discretion.

CreditLex does not control or endorse the content, data or information found in any Report, Client Data, or other post or User/Subscriber communication and, therefore, CreditLex specifically disclaims any liability with regard to the content of any such data or information found in any Report, Client Data, or other post or User/Subscriber communication, to include without limitation, any actions resulting, damages or liability resulting from or arising out of Your use of the Site and any Services.

GENERAL LEGAL TERMS

Governing Law and Exclusive Jurisdiction. These Terms shall be governed, construed and enforced in accordance with the laws of the State of Florida without reference to conflicts of law principles. The parties agree the exclusive jurisdiction of any actions arising out of, relating to or in any way connected with these Terms, shall be in the Circuit Court in the Ninth Judicial Circuit, in and for Orange County, Florida. If any legal action is commenced to enforce or interpret any provision of these Terms or in connection with the Services, the party which does not prevail shall pay to the prevailing party all costs and expenses of suit, including without limitation attorney, paralegal and expert fees, incurred by the prevailing party in all judicial and administrative proceedings and at all levels of such proceedings, including bankruptcy proceedings.

Entire Understanding. These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce, or the waiver by either party of a default or breach of the other party, shall not be considered to be a waiver of any subsequent default or breach. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. CreditLex may freely assign or delegate all rights and obligations under the Terms, fully or partially, with or without notice to You. CreditLex may also substitute, by way of novation, any third party that assumes our rights and obligations under these Terms. If You or CreditLex cannot perform its obligations under these Terms because of any act of God, accident, strike, court order, fire, riot, war, failure of third-party equipment or any other cause not within the affected party’s reasonable control and that could not be avoided through the exercise of reasonable care and diligence (a “Force Majeure Event”), then the non-performing party will, if possible and reasonable, (1) promptly notify the other party, (2) take reasonable steps to resume performance as soon as possible, and (3) not be considered in breach during the duration of the Force Majeure Event. If a Force Majeure Event continues for five (5) days, CreditLex may terminate Your subscription to the Services and these Terms by providing electronic notice to You. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT. The following provisions shall survive termination or expiration of this Agreement: Your Account, Your Subscription, Your Conduct, CreditLex Property, Disclaimer of Warranties; Limitation of Liability, and General Legal Terms.

TERMINATION/ACCESS RESTRICTION

CreditLex reserves the right, in its sole discretion, to terminate Your access to the Site and the related Services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between You and CreditLex as a result of these Terms or Your use of the Site. CreditLex’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of CreditLex’s right, duty or obligation to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to CreditLex with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision(s) and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents are drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are hereby reserved.