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 info@efraudprevention.com
The Services are for your own use only. You may not resell, lease or provide
them in any other way to anyone else.
1. Privacy Policy
Please refer to eFraud Prevention, LLC's privacy policy, available at (the "Privacy
Policy") for information on how eFraud Prevention, LLC collects, uses and discloses
personally identifiable information from its users. By using the Services you
agree to our use, collection and disclosure of personally identifiable
information in accordance with the Privacy Policy.
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:
eFraud Prevention, LLC may monitor your use of the eFraud Prevention, LLC for any reason, including but not limited to: quality assurance, the improvement of Alert Network products and services, and for verification of your compliance with these Terms. You shall not interfere with such monitoring or otherwise obscure from eFraud Prevention, LLC any aspect of your use of the eFraud Prevention, LLC. You acknowledge that any use by us of your eFraud Prevention, LLC Implementation for such purpose will not constitute our agreement to any terms of use you purport to require us to comply with in such use.
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, including
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.
11. Communications
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.
Subject to the Privacy Policy, if you send to eFraud Prevention, LLC or post on the Site
in any public area any information, ideas, inventions, concepts, techniques or
know-how ("User
Submissions"), for any purpose, including the developing, manufacturing and/or
marketing or products or services incorporating such information, you
acknowledge that Alert
Network can use the User Submissions without acknowledgement or compensation to
you, and you waive any claim of ownership or compensation or other rights you
may have in relation to the User Submissions. We actively review User
Submissions for new ideas. If you wish to preserve any interest you might have
in your User Submissions, you should not post them to the Site or send them to
us.
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
info@efraudprevention.com
P.O. Box 832
Southbury, CT 06488