TERMS OF USE
EXIGER TECHNOLOGY
1. INTRODUCTION
a. This Website provides the User with access to Exiger Technology, which are proprietary technologies owned by Exiger. Users of this Website are subject to the following terms and conditions (the “Terms of Use”). The terms “we,” “our,” “us,” and “Exiger” refer to Exiger. The term “Parties” refers to both Exiger and the Client which have executed a licensing agreement providing a subscription to Exiger Technology; “Party” means either one of them. Except where otherwise indicated, “you,” “your,” and “User” means the user authorized by the respective Client to access the website. “Site Content” refers broadly to all information a User may review or obtain on this website, including “Exiger Content” (i.e., all Exiger content presented on the website), “Exiger Reports” (i.e., compilations of data produced automatically as a function of use of technology on this website), and “Third Party Data” (i.e., data and information drawn from a third-party database).
b. By accessing or using the Website, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use and our Privacy Notice [https://www.exiger.com/privacy-and-legal-center/#terms-conditions], which are incorporated into this Agreement. If you do not agree with these Terms of Use, your sole recourse is to cease use of the Website immediately.
c. Use of this Website does not, nor shall be deemed or construed to, assign, transfer or convey to or vest in User any title, rights or interest in or to any intellectual property. As a user of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Website and Content in accordance with these Terms of Use and the terms of the licensing agreement between Exiger and Client. Exiger may terminate this license at any time for any reason.
d. Exiger Technology includes all products and services available through the 1Exiger platform and Website. This list is subject to change with notice to clients and in terms with the licensing agreement between Exiger and client. This includes:
1. 1Exiger
2. Insight 3PM
3. DDIQ
4. Supply Chain Explorer
5. SDX
6. ExploreRx
7. DDIQ Analytics
8. Part Attribute Characterization
9. ScreenIQ
10. Ion Channel
11. XSB
12. Versed.AI
2. CONFIDENTIAL INFORMATION
a. As used herein, “Confidential Information” means all confidential information disclosed by the disclosing party to the receiving party, whether orally, in writing, or in electronic form that is either designated as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. “Exiger’s Confidential Information” shall be deemed to include the Terms and Conditions of this Agreement and any content contained on this Website, including the Exiger Reports and all other technical and product information and documentation, trade secrets, and the whole of the ideas, concepts, processes, procedures, and know-how contained therein.
b. Except as otherwise permitted in writing by Exiger, (a) the User shall use the same degree of care that it uses to protect the confidentiality of Client’s confidential information of like kind (but in no event less than reasonable care), (b) the User shall not disclose or use any Exiger Confidential Information for any purpose outside the scope of this Agreement, and (b) the User shall limit access to Confidential Information of Exiger to those of Client’s employees, contractors, and agents who need such access for purposes consistent with the licensing agreement between Exiger and Client, and who have signed confidentiality agreements with the Client containing protections no less stringent than those herein.
3. INTELLECTUAL PROPERTY RIGHTS
a. Exiger (either itself and/or through its third-party hosts) controls and operates this Website. All content on this Website, including but not limited to: text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of Exiger or of the relevant Third Parties, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights, which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes. The content is owned and controlled by Exiger, its Affiliates, or the Third Parties that have licensed or otherwise made available their content or the right to market their products and/or services to Exiger.
b. Violation of intellectual property laws (“Infringement”) may result in significant civil liability or criminal penalties under United States and/or international laws, such as copyright and trademark laws. You recognize that any reproduction or use of content, copyrights, trademarks, service marks, or other intellectual property on this Website, except as authorized by this Agreement, is considered intentional Infringement.
4. USER ACCOUNT
a. As a User, Exiger has provided you with a unique username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on the Website under such password or username. You agree to immediately notify Exiger of any unauthorized use of your password or username or any other breach of security. Each username and password is for use only by the authorized user.
b. You agree not to allow any third party to use your username or password. You acknowledge and agree that you will be fully responsible for all liabilities incurred through use (whether lawful or unlawful) of your username and/or password.
c. Exiger subscription pricing models are based on each User using a reasonable volume of Services as a tool to facilitate that User’s performance of individual risk assessments. Unreasonably high volumes of use by any User, as determined by Exiger in its sole discretion, may result at Exiger’s election, in service suspension, contract termination or an increase in the Client’s subscription price.
5. CODE OF CONDUCT
Without limiting the foregoing and in connection with your use of the Services, you agree to the following:
6. COLLECTION OF DATA
a. You understand and acknowledge that Exiger monitors the use of this Website. Exiger records the information, data, and any usage statistics on users of this Website. Exiger uses this information solely for its own internal use purposes, including but not limited to optimizing the delivery of this service to its users. Exiger will maintain this information with industry-standard security systems and procedures and will never sell this information or use it for any commercial use other than to improve the services and products that Exiger provides.
7. WARRANTY DISCLAIMER
a. THIS WEBSITE AND ANY CONTENT SUPPLIED OR MADE AVAILABLE BY EXIGER IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE. EXIGER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, THE WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE.
b. WITHOUT LIMITING THE FOREGOING, THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION. EXIGER DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THAT ANY CONTENT IS ERROR FREE OR THAT ANY CONTENT WILL MEET CLIENT’S REQUIREMENTS. CLIENT ACCEPTS FULL RESPONSIBILITY AND RISK FOR ANY USE OF ANY SUPPLIED DATA AND ANY DECISIONS MADE BY CLIENT OR ANY OTHER PERSON IN RELIANCE THEREON.
c. NEITHER EXIGER, ITS AFFILIATED OR RELATED ENTITIES, NOR THE THIRD PARTIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, HOSTING AND/OR DISTRIBUTION OF THIS WEBSITE, WARRANT THAT THE FUNCTIONS, FEATURES OR SERVICES CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
d. YOUR USE OF THIS WEBSITE AND ANY WEBSITE CONTENT OR REPORT IS AT YOUR OWN RISK. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING, WITHOUT LIMITATION, YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR COMPUTER, NETWORK, AND/OR SYSTEM.
8. LIMITATION OF LIABILITY
a. IN NO EVENT SHALL EXIGER, ITS AFFILIATED OR RELATED ENTITIES OR THIRD PARTIES, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION AND HOSTING OF THIS WEBSITE, BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OF ANY KIND, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER EXIGER (OR ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS) KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED WEBSITE.
b. TO THE EXTENT ALLOWABLE BY LAW, EXIGER’S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO EXIGER UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
9. INDEMNITY
You agree to indemnify and hold harmless Exiger, its Affiliates, members, their respective Representatives, sponsors and licensors (the “Indemnified Parties”), and upon Exiger’s request, defend the Indemnified Parties, from and against any and all losses, expenses, damages, claims, fines, penalties, costs, and liabilities, including reasonable legal and accounting fees imposed on or incurred by any of the Indemnified Parties, resulting from your (or anyone acting under your password or username) use of this Website, its Content, any Source Content or Report, or any alleged or actual violation by you of these Terms of Use, including:
a. any claims by any Governmental Authority or other person that relate to an alleged violation of the FCRA or any Privacy Laws;
b. any third party claim in respect of access by Exiger to the use of Client Data in accordance with and in the performance of this Agreement;
c. any third party claim in respect of Client or its Representative’s use of Third Party Data; or
d. any third party claim in respect of Client or its Representative’s breach of the Acceptable Use Policy.
10. THIRD PARTY DATA SOURCES
Prior to receiving access to the Third Party Data Sources, where applicable, Client must either execute and deliver an agreement with each Third Party Data Source and/or the authorized Users expressly agree to any conditions, restrictions, or limitations imposed by each applicable Third Party Data Source. Below are terms and conditions of Third Party Data Sources that may be applicable to your use of this Website. These websites and terms of use are not owned or controlled by Exiger, and are subject to change by the Third Party at any time.
a. Bing Search https://www.microsoft.com/en-us/servicesagreement/
b. CGI/NUANS https://www.ic.gc.ca/eic/site/icgc.nsf/eng/h_07033.html
c. Creditsafe https://www.creditsafe.com/gb/en/legal/terms-and-conditions.html
d. Dun & Bradstreet/Hoovers https://www.dnb.com/utility-pages/terms-of-use.html
e. FullContact https://www.fullcontact.com/privacy/terms-of-use/
f. Google Search https://policies.google.com/terms?hl=en-US
g. Google Maps https://cloud.google.com/maps-platform/terms
h. Info4c https://www.info4c.net/legal-information/terms-of-service/
i. Lexis https://www.lexisnexis.com/terms/
j. Moneyhouse https://www.moneyhouse.ch/en/terms
k. OpenCorporates https://opencorporates.com/legal/licence
l. T2A https://t2a.io/terms
m. TLO/TransUnion/TLOpx https://www.transunion.com/legal/terms-of-use
n. Webz.io https://webz.io/tos
o. WorldCompliance https://risk.lexisnexis.com/terms/worldcompliance
p. Xignite https://www.xignite.com/terms-of-use
q. Zoom https://zoom.us/terms
r. Refinitiv World-Check Legal Notice :
The contents of this record are private and confidential and should not be disclosed to third parties unless: (i) the terms of your agreement with Exiger allow you to do so; (ii) the record subject requests any data that you may hold on them, and such data includes their World-Check record; or (iii) you are under some other legal obligation to do so. You must consider and abide by your own obligations in relation to the data privacy rights of individuals and must notify them of your intention to search against World-Check and provide them with information contained in the World-Check privacy statement: https://www.refinitiv.com/en/products/world-check-kyc-screening/privacy-statement.
You shall not rely upon the content of this report without making independent checks to verify the information contained therein. Information correlated is necessarily brief and should be read by you in the context of the fuller details available in the external sources to which links are provided. The accuracy of the information found in the underlying sources must be verified with the record subject before any action is taken and you should inform us if any links to the sources are broken. If this record contains negative allegations, it should be assumed that such allegations are denied by the subject. You should not draw any negative inferences about individuals or entities merely because they are identified in the database, nor because they are shown as "Reported being linked to" others identified in the database. The nature of linking varies considerably. Many persons are included solely because they hold or have held prominent political positions or are connected to such individuals.
11. MISCELLANOUS
If you have any questions or comments regarding these Terms of Use, please contact us at info@exiger.com
Last updated July 16, 2024.