FOREWARN Terms and Conditions
By accessing FOREWARN and using information derived therefrom, you acknowledge and agree to the following terms and conditions:
FOREWARN, LLC (“FOREWARN”) grants You a non-exclusive, nontransferable, revocable license to obtain and use FOREWARN (“Services”) for your internal use subject to the terms and conditions contained herein.
You understand that the Services contain sensitive information governed by certain state and federal laws, including the Gramm-Leach-Bliley Act (15 U.S.C. § 6801-6809) (“GLBA”) and The Driver’s Privacy Protection Act (18 U.S.C. § 2721-2725) (“DPPA”), all of which You certify to comply. You certify that You will request, access, and use the Services solely for the specific uses listed below.
(GLBA) To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability;
(DPPA) Use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only to verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors; and if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
FOREWARN is not a “consumer reporting agency,” and the Services do not constitute a “consumer report” as defined by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.)
(“FCRA”). You represent and warrant that the Services will not be used, in whole or in part, as a factor in determining an individual’s creditworthiness or eligibility for (i) credit, (ii) insurance, (iii) employment, or (iv) for any other purpose under the FCRA.
FOREWARN makes no warranties of any kind, express or implied, as to the Services, including, without limitation, those as to accuracy, currentness, completeness, timeliness, or quality, warranties of merchantability and fitness for a particular purpose, and those warranties that might be implied from a course of dealing, course of performance or trade usage. The Services are provided “AS IS”. FOREWARN and its parents, subsidiaries, affiliates, and representatives shall have no liability for, and You agree not to sue for, any claim relating to FOREWARN’s procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Services.
FOREWARN may immediately suspend Your access to the Services in the event of Your breach of these terms and conditions and/or an issue of information security. If such breach and/or issue of information security is not cured by You to FOREWARN’s satisfaction, FOREWARN may terminate this Agreement and Your access immediately upon written notice to You.
You agree to indemnify, defend, and hold harmless FOREWARN, and its parents, subsidiaries, affiliates and representatives, from and against any and all claims, damages, and liabilities relating to Your use of the Services or any breach of this Agreement by You. In no event shall FOREWARN’s liability for direct damages exceed the fees paid by You for the three (3) month period preceding the claim. FOREWARN shall not be liable for any other costs, expenses or damages, including indirect, consequential, or punitive damages.
In order to ensure compliance with this Agreement and applicable laws, rules and regulations, including the GLBA and DPPA, FOREWARN may conduct periodic reviews of Your use of the Services and may, upon reasonable notice, audit Your records, policies and procedures relating to Your account. You will provide reasonable cooperation and all documentation reasonably requested by FOREWARN.
You will not disclose to any third party any information relating to FOREWARN’s business, the Services, or information derived from the Services (“Information”), including, without limitation, FOREWARN’s business, financial, and technical information, data sources, pricing, products, processes, systems, results of testing, terms of Your Agreement, and any summaries, analyses or other information derived from any of the foregoing (collectively, “Confidential Information”).
You certify that You have implemented and maintain a comprehensive, written information security program that contains administrative, technical, and physical safeguards that are appropriate to your size and complexity, the nature and scope of your activities, and the sensitivity of the information provided to You by FOREWARN which shall be reasonably designed to (i) ensure the security and confidentiality of the information provided by FOREWARN, (ii) protect against any anticipated threats or hazards to the security or integrity of such information, and (iii) protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any consumer.
Restrictions on Use
FOREWARN retains all right, title and interest in the Services, Information, and Confidential Information, and You will not claim any rights to, or ownership of, any of the foregoing.
You will only use the Services for the purpose(s) certified herein and for no other purpose.
You will not, directly or indirectly, resell the Services or Information, nor use the Services to create a competing product. You will not use the Services (i) for personal reasons, including, to locate friends, family members, celebrities or government officials; (ii) to view information on one’s self, except for initial training purposes on the system; or (iii) for marketing purposes.
You will not access the Services from outside the United States.
Services will be used by You only. Information may not be delivered to, or filed with, any third party.
Miscellaneous
You are not a representative or agent of FOREWARN, will not represent that You are to any third party, and have no authority to bind FOREWARN.
Your breach of any agreements with FOREWARN will cause irreparable harm to FOREWARN. Upon any breach or threatened breach, FOREWARN shall be entitled to injunctive relief, without having to post a bond, in addition to money damages and any other remedy available at law.
Your Agreement may be amended only by a written agreement signed by an authorized representative of FOREWARN. Your Agreement may not be assigned, transferred, or sublicensed, in whole or in part, without FOREWARN’s prior written approval.
These terms and conditions shall be governed by Delaware law, without reference to its choice of law rules. Venue for all actions shall be in the Fifteenth Judicial Circuit Court in and for Palm Beach County, Florida.
To the extent that the Services rely upon or use information from any third-party sources, then those sources shall be third-party beneficiaries with all rights and privileges of FOREWARN. FOREWARN, and any such sources (as third-party beneficiaries), are entitled to enforce these terms and conditions directly against You.
Provisions relating to access and use of the Services (excluding the license grant), disclaimer of warranties, indemnification, limitation of liability, audit, Your release of claims, payment of fees, and confidentiality obligations, shall survive termination of Your Agreement with FOREWARN.
FOREWARN reserves the right to modify these terms and conditions from time to time for purposes such as compliance with law and to reflect changes to the Services. In the event of any conflict between these terms and conditions and any subsequently modified terms, the modified terms shall prevail. By continuing to use the Services, You reaffirm Your agreement to these terms and conditions, as modified.