eFraud Prevention, LLC. ("eFraud Prevention, LLC", "we", "us" and terms of similar
meaning) provides this web site and the services provided by or through this web
site to you subject to these terms and conditions of use (these "Terms").
In these terms we call this web site, any successor web sites (together, the "Site") and the services we provide the "Application". The Application includes (i) your use of the eFraud Prevention, LLC, and the use of the eFraud Prevention, LLC by third parties authorized through your eFraud Prevention, LLC account to use your User Content (as defined below) through the eFraud Prevention, LLC, and any software or services provided by third parties through The eFraud Prevention, LLC for use with the Application (in these Terms we call these third party software or services "Add-ons"). We refer to the services provided by the Application as the "Services".
The Services are not intended to be used by children. You must be at least of the age of 18 years of age to use the Services.
In these Terms, our customers and their staff members to whom they give "staff" access to their eFraud Prevention, LLC account are called "Subscribers", and users of the Services, whether they are Subscribers, Customers, Consumers, members of the eFraud Prevention, LLC, people who access the eFraud Prevention, LLC, or casual browsers of the Site, are called "Users".
eFraud Prevention, LLC reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your subscription with us without further obligation.
You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at email@example.com
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
2. Registration Data; Account Security
If you register for an account on the eFraud Prevention, LLC, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the eFraud Prevention, LLC Web site ( http://www.efraudprevention.com ). You are responsible for all activity on your eFraud Prevention, LLC account, and for all charges incurred by your eFraud Prevention, LLC account.
3. Ownership, Copyright and Trademarks
In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called "Content". Content provided by Users, whether they are Subscribers, Customers or other Users, is called "User Content".
Other than the User Content, the Services, all Content and all software available on the Services or used to create and operate the Services is the property of eFraud Prevention, LLC or its licensors, and is protected by U.S. and international copyright laws, and all rights to the Services, such Content and such services are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by eFraud Prevention, LLC.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Services, including through the eFraud Prevention, LLC or an Add-on, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.
4. Your Limited License of Your User Content to eFraud Prevention, LLC
We do not claim any ownership interest in your User Content, by posting a Fraud Alert into the eFraud Prevention, LLC site, you are giving the eFraud Prevention, LLC permission to broadcast all or a portion of the content of your submission, now and in the future.
Therefore, by posting or distributing User Content to or through the Services, you (a) grant eFraud Prevention, LLC and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
5. Our Limited License of Content to You
eFraud Prevention, LLC grants you a unlimited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy, publish and print all the portions of the Content available to you through the eFraud Prevention, LLC Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may view, copy, publish and print such portions of the Content for your own use; (ii) you may modify or otherwise make derivative works of the Content, reproduce, distribute or display the Content.
Your use of any Add-on is governed by the End User License Agreement that applies to that Add-on, and not by this Section of the Terms. That End User License Agreement is an agreement between you and the provider of that Add-on, and you acknowledge that that End User License Agreement is a binding agreement between you and that provider. Your use of the Service through an Add-on, including any Content that may be delivered to you through the Add-on, is subject to this Section of the Terms.
You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact eFraud Prevention, LLC at the address set out at the bottom of these Terms.
6. Using the eFraud Prevention, LLC
This Section contains terms and conditions applicable to your use of the Alert Network, whether you are a Subscriber or other User, including a developer or operator of a website or application (such a website or application, a "Alert Network Implementation", and the developer or operator, an "API Developer") who wishes to use the eFraud Prevention, LLC for the purpose of using eFraud Prevention, LLC Content.
Your use of the eFraud Prevention, LLC is also subject to the following restrictions. You may not:
7. Use of Interactive Areas and the Services
The Services may include discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Services ("Interactive Areas"). If eFraud Prevention, LLC provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
Finally, eFraud Prevention, LLC has a "zero-tolerance" policy towards SPAM: you may
not use the Interactive Areas or the Services generally to send commercial or
other messages to any
third-party if those messages are not solicited, authorized or welcomed by the
third-party, and in your use of the Services you must comply with all applicable
laws that apply in any jurisdiction to SPAM and marketing practices, and with
any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.
8. Providing a Reliable and Secure Service
If you have spent any time reviewing the Services, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be "best-of-class" hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on the Site.
9. No Responsibility for Third-Party Material
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information, including Add-ons, payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use links to Third-Party Sites and any Third-Party Content or service provided there, at your own risk.
eFraud Prevention, LLC makes no claim or representation regarding Third-Party Content or Third-Party Sites, and provides them or links to them only as a convenience. Inclusion in the Services of a link to a Third-Party Site or Third-Party Content does not imply eFraud Prevention, LLC' endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. eFraud Prevention, LLC accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding
with any transaction with any third party.
The provider of each Add-on is solely responsible for that Add-on, the content therein, any warranties to the extent that such warranties have not been disclaimed, any training, support or maintenance for the Add-on, and any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge that you are purchasing the license to each Add-on from the provider of that Add-on; Alert Network is acting as agent for the provider in providing each such Add-on to you; eFraud Prevention, LLC is not a party to the license between you and the provider with respect to that Add-on; and eFraud Prevention, LLC is not responsible for that Add-on, the content therein, or any warranties or claims that you or any other party may have relating to that Add-on or your use of that Add-on.
You acknowledge and agree that eFraud Prevention, LLC and its affiliates are third party beneficiaries of the End User License Agreement for each Add-on, and that, upon your acceptance of the terms and conditions of the license to any such Add-on, eFraud Prevention, LLC will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.
10. Warranty Disclaimer
The Site, the Content, the Add-ons and the Services are provided to you on an "as is" basis without warranties from eFraud Prevention, LLC of any kind, either express or implied. Alert Network expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. eFraud Prevention, LLC does not represent or warrant that Site, the Content, the Add-ons or the Services are accurate, complete, reliable, current or error-free.
While eFraud Prevention, LLC attempts to make your access to and use of the Services safe, eFraud Prevention, LLC does not represent or warrant that the Site, the Content, the Add-ons or the Services are free of viruses or other harmful components.
11. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against eFraud Prevention, LLC, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "Released Parties") arising out of or in any way relating to your use of the Site, the Content, the Add-ons or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Content, the Add-ons or the Services. You use the Site, the Content, the Add-ons and the Services at your own risk.
Without limitation of the foregoing, neither eFraud Prevention, LLC nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, the Content, the Add-ons or the Services, including without limitation any damages caused by or resulting from your reliance on the Site, the Content, the Add-ons or the Services or other information obtained from eFraud Prevention, LLC or any other Released Party or accessible via the Site, the Content, the Add-ons or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized
access to eFraud Prevention, LLC or any other Released Party's records, programs or services.
You shall defend, indemnify and hold harmless eFraud Prevention, LLC and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Content, the Add-ons and the Services, and if you are a Subscriber, from your Customers? use of the Services and from the use of the Site, the Content, the Add-ons and the Services by any person to whom you give access to your account (including as staff), including any claims made by any person that any of your, and if you are a Subscriber, your Customers?, User Content infringes the rights, including the intellectual property rights, of any third party.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Subscribers and Customers in the dashboard area of your account on the Site, or post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
12. Cancellation of Services
eFraud Prevention, LLC services can be cancelled at anytime prior to a billing cycle. Billing cycles can either be quarterly or annually based upon the contract. A cancellation during a billing cycle will be considered cancelled at the conclusion of such cycle and payment for that cycle will still need to be paid in full.
13. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
eFraud Prevention, LLC
P.O. Box 832
Southbury, CT 06488