TERMS OF USE

ER Portal including all of its features and content (this “Site”) is a service provided by Credigy Technologies Incorporated directly or through its affiliates and related parties (collectively, “Credigy”), and all content, information and services provided on or through this Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”). This Site is provided by Credigy and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use this Site.

YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. CREDIGY MAY MODIFY THESE TERMS OF USE AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS OF USE ON THIS SITE. YOU AGREE TO REVIEW THESE TERMS OF USE PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THIS SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS OF USE.

• Limited License. As a user of this Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Site and the Content in accordance with these Terms of Use. Credigy may terminate this license at any time and for any reason. None of the Content or information on this Site may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Credigy. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Credigy.
• Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto.
• Restrictions on Use of the Site. In addition to other restrictions set forth in these Terms of Use, you agree that:
  1. you shall not disguise the origin of information transmitted through the Site;
  2. you will not place false or misleading information on the Site;
  3. you will not use or access any service, information, application or software available via the Site in a manner not expressly permitted by Credigy;
  4. you will not input or upload to the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site or any information or that infringes the intellectual property rights of another;
  5. certain areas of the Site are restricted and should not be accessed;
     and
  6. you may not use or access the Site in any way that, in Credigy's judgment, adversely affects the performance or function of the Site or interferes with the ability of authorized parties to access the Site.
• Intellectual Property Rights. Nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, to you under copyright or other intellectual property rights. You agree that the Content and this Site, including the “look” and “feel” of this Site, the color combinations, layout and all other graphical elements of this Site, are the exclusive property of Credigy and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws, both domestic and international. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISPLAY, USE OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL OR CONTENT ON THIS SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT THE PRIOR WRITTEN PERMISSION OF CREDIGY.
• Confidentiality. You acknowledge and agree that this Site, the Content and any other information pertaining to Credigy is confidential and you agree not to use or disclose to any third party any such confidential information unless disclosure is required by applicable laws or regulations or by a subpoena or similar legal process; provided, however, that prior to such disclosure (except in connection with any regulatory examination and unless prohibited by applicable law or legal process), you will promptly notify Credigy to permit Credigy to seek a protective order or to take other appropriate action.
• DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CREDIGY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CREDIGY MAKES NO WARRANTY THAT (i) THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THIS SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREDIGY OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NO FINANCIAL, LEGAL OR TAX ADVICE OR COUNSEL IS GIVEN, OR SHALL BE DEEMED TO HAVE BEEN GIVEN, BY THIS SITE. NEITHER THESE TERMS OF USE, NOR ANY DOCUMENTATION FURNISHED UNDER THEM, ARE INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. CREDIGY SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM FORCE MAJEURE EVENTS.
• LIMITATION OF LIABILITY. CREDIGY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE OR THE CONTENT. CREDIGY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, CREDIGY'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
• Indemnification. You agree to indemnify, defend and hold harmless Credigy, its officers, directors, equity owners, employees, agents and representatives from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of these Terms of Use.
• Third Party Rights. The provisions of paragraphs 5 (Disclaimer of Warranties), 6 (Limitation of Liability), and 7 (Indemnification) are for the benefit of Credigy and its officers, directors, equity owners, employees, agents and representatives. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
• Compliance with Laws. In using this Site and the Content contained within this Site, you agree to comply with all applicable federal, state, and local statutes, regulations, and rules from time to time in effect during the term of your use.
• Unlawful Activity. Credigy reserves the right to investigate complaints or reported violations by you of these Terms of Use and to take any action it deems appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
• Termination. You agree that Credigy, in its sole discretion, may terminate or suspend your use of the Site at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately
  1. discontinue use of the Site, and
  2. destroy any copies you have made of any portion of the Content. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that Credigy shall not be liable to you or any third party for any termination or suspension of your access to the Site.
• Remedies for Violations. Credigy reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including, but not limited to, the right to block access from a particular Internet address to this Site.
• Governing Law and Jurisdiction. These Terms of Use are governed by and construed in accordance with the laws of the State of Georgia and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
• Written Document. You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document.
• Severability of Provisions. These Terms of Use constitute the entire agreement with respect to access to and use of this Site and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions hereof and shall not affect their validity and enforceability.
• Complete Agreement. Except as expressly provided in a separate written agreement between you and Credigy, these Terms of Use constitute the entire agreement between you and Credigy with respect to the use of the Site and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

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