THESE TERMS OF USE GOVERN YOUR REQUEST TO ACCESS, USE CREATE, AND REQUEST UPDATES TO YOUR COMPANY’S DUN & BRADSTREET D-U-N-S® NUMBER AND RELATED BUSINESS INFORMATION, , AND ANY INFORMATION, SERVICES, DATA AND PROGRAMS, AVAILABLE THROUGH THIS PORTAL (COLLECTIVELY, THE “D&B SERVICE”). YOU MAY ONLY USE THE D&B SERVICE IF YOUR APPLICABLE JURISDICTION ALLOWS YOU TO ACCEPT THE TERMS SET FORTH IN THIS AGREEMENT IN ACCORDANCE WITH THE ACCEPTANCE PROCEDURES ADOPTED BY US.
For purposes of this agreement and the D&B Service, “D&B” means Dun & Bradstreet, Inc., its subsidiaries, affiliates, divisions, contractors, and all of its and their data sources and suppliers. “You” “Yourself” or “Your” means the individual or single end-user organization executing this agreement and using the D&B Service.
You are not permitted to share Your D&B account log in credentials with any other people, nor allow third parties to access or make changes to the information on Your business without D&B’s express written consent. Failure to follow these rules could result in Your business being identified and rated as a high-risk enterprise.
To the extent You provide any data or information concerning Yourself or Your business as part of using the D&B Service, such as address, telephone numbers (including mobile), trade or service marks, email addresses, and information such as financial and payment history, You represent and warrant that such submitted information is true, correct, and current, and that You have the right to possess use, and provide to D&B all such submitted information. With respect to any submitted information You, not D&B, have sole responsibility for the accuracy, quality, completeness, appropriateness, and intellectual property ownership of, as well as any data protection obligations regarding, all such submitted information. By providing submitted information to D&B, You represent and warrant that the submitted information is not consumer information and relates to a business, and that such submission is accurate to Your best knowledge, not confidential, and not in violation of any laws, rules or regulations, contractual restrictions, or other third party rights. In addition, D&B is not responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any of submitted information. You hereby grant a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to D&B to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that submitted information, without any further consent, notice and/or compensation to You or any third parties. You shall not share Your user ID’s and passwords with any other people.
Your submitted information will be added subject to D&B’s verification process and acceptance. D&B cannot guarantee that your submitted information will be accepted or how it will impact the information in Your business credit file, Your business scores and ratings, or Your Company Profile on the D&B Business Directory.. You grant permission for D&B to use the information You provide to contact you for purposes of verifying submitted information.
You agree not to: (i) upload, post, email, transmit or otherwise make available any data or information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) Upload any data or information that impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any data or information; (iv) use the D&B Service for fraudulent purposes; (v) attempt to decompile, reverse engineer, disassemble or hack the site, or to defeat or overcome any encryption technology or security measures implemented with respect to the site; (vi) harvest or collect any data or information about or regarding other account holders, including, but not limited to any personal data or information; (vii) upload, post, email, transmit or otherwise make available any data or information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); and (viii) upload, post, email, transmit or otherwise make available any data or information that infringes any patent, trademark, trade secret, copyright or other proprietary rights or upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You agree that You will not provide D&B any Social Security number, driver’s license number, account number, credit or debit card number or personal identification number or password that would permit access to the person’s account, or any special categories of personal data as defined in European Privacy Legislation (these are personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, the processing of genetic or biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation and data relating to criminal convictions and offences).
The D&B Service is the proprietary, copyrighted works of D&B and comprise: (i) works of original authorship, including compiled information containing D&B’s selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered, or assembled; and (ii) trade secret and other confidential information. D&B grants You a non-exclusive, perpetual, limited license to use D-U-N-S Numbers (excluding linkage D-U-N-S Numbers) solely for identification purposes and only for Your internal business use. Where practicable, You will refer to the number as a “D-U-N-S® Number” and state that D-U-N-S is a registered trademark of D&B.
You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the D&B Service to anyone without the express prior written consent of D&B. Copying and distributing the D&B Services to third parties is forbidden. You may not: (a) use or permit the use of the D&B Service to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; (b) use or permit the use of the D&B Service for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party; (c) use or permit the use of the information in connection with any individual credit, employment, or insurance applications; or (d) voluntarily producing the Service in legal proceedings. Systematic access or extraction of content from this D&B Service, including the use of “bots” or “spiders,” is prohibited. D&B prohibits caching, unauthorized hypertext links to this D&B Service and the framing of any content available through the D&B Service. D&B reserves the right to disable any unauthorized links or frames. I understand and agree that the information I submit to Dun & Bradstreet will be stored and utilized by D&B to create and/or update its database of commercially available business records, which D&B markets and distributes to customers and other third parties worldwide.
Disclaimer of Warranties THE D&B SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. D&B DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. D&B DOES NOT WARRANT THAT THE D&B SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE AND DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING AVAILABILITY OF SOFTWARE AND INFORMATION, SERVICE LEVELS OR PERFORMANCE. D&B WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, D&B'S CONDUCT IN COLLECTING, COMPILING, CREATING OR INTERPRETING INFORMATION. D&B DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT AND AVAILABILITY OF ANY THIRD-PARTY DATA OR WEBSITE THAT ARE LINKED. You acknowledge the D&B Service is provided over the internet and mobile networks and so the quality and availability of the D&B Service may be affected by factors outside D&B’s reasonable control. Third parties that provide information, software or services to D&B for use in providing the D&B Service are entitled to the benefits and protections of this section to the same extent as D&B.
THE MAXIMUM LIABILITY OF D&B, ANY OF ITS AFFILIATE, AND THE OFFICERS, DIRECTORS, EMPLOYEE, SHAREHOLDERS OR AGENTS OF ANY OF THEM TO YOU OR A THIRD PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) OR IN CONNECTION WITH THE D&B SERVICE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE D&B SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY, WILL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000). ANY CLAIMS WILL BE BROUGHT, IN ACCORDANCE WITH THIS AGREEMENT, WITHIN 12 MONTHS OF THE FIRST OCCURRENCE GIVING RISE TO SUCH CLAIMS, OR SUCH CLAIMS WILL BE FOREVER BARRED. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST D&B ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. D&B SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Third parties that provide information, software, or services to D&B for use in providing the Information or Software are entitled to the benefits and protections of this section to the same extent as D&B.
You agree to comply with applicable state, local, federal, or foreign laws or regulations, including laws and regulations regarding Your submitted information.
To the extent that You transfer to D&B, Personal Information subject to European Privacy Legislation, D&B will process such Personal Information in accordance with the D&B EU Data Processing Agreement. In case of conflict between this agreement, and the D&B EU Data Processing Agreement, the D&B EU Data Processing Agreement shall prevail. For purposes of this Agreement, “D&B EU Data Processing Agreement” means the agreement retained at www.dnb.co.uk/dpa as updated from time to time as required of D&B by the European Privacy Legislation; and “European Privacy Legislation" means Directive 95/46/EC (Data Protection) and European Union Regulation 2016/679 and any other applicable data protection legislation including implementing legislation, guidelines and industry standards from time-to-time in force in a relevant jurisdiction, relating to the use and processing of Personal Information in that jurisdiction. “Personal Information” shall have the same meaning as defined under applicable legislation.
The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters, including tort claims, arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement. Any disputes arising out of this Agreement that cannot be resolved by the parties will be brought in state or federal court located in Florida. You may not assign or transfer this agreement, or any rights granted herein without the prior written consent of D&B, and any attempt at such assignment or transfer without D&B's prior written consent shall be void.