Terms & Policies

Policy

Waste Debt Prevention (WDP) Commerical Debt System (CDS) Terms and Conditions:

Welcome to the website (the "Site") for Commercial Debt System a web based debtor information service. This Site is owned and operated by Commercial Debt System  ("We"). All usage of this site, its Debtor Information, and the services provided through this Site ("Services") is subject to these Term of Use ("Terms"). These Terms apply to all Users of this Site ("You"). Commercial Debt System may own or operate other Web sites that contain different terms of use.
Please read these Terms carefully. You should print or make an electronic copy of the Terms for your records.
By using this site you are entering into a binding contractual relationship with us and hereby agree to these Terms. If we amend the Terms in any material way, we will post a notice on this Site. Your continued use of the Site will signify your acceptance of the change in the Terms. The current version of the Terms will normally be available for your reference from a link at the bottom of the home page of this Site.

1. DEFINITIONS

The following definitions shall apply to the Terms:

(a) "Affiliate" means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Person;
(b) "Authorized Representative" means any director, officer, employee, agent, or other representative of Commercial Debt System/Waste Debt Prevention (WDP) or an Affiliate of Commercial Debt System ;
(c) "Debtor Information" means information provided by you or other users of the Site relating to the Creditor worthiness of customers of businesses.
(d) "Marks" means trademarks, service marks, logos and names and titles, of and associated with  Commercial Debt System or an Affiliate of Commercial Debt System;
(e) "Person" means any individual, partnership, limited liability company, corporation, trust, estate, association, or any other legal or commercial entity; and
(f) "User" means any other Person using this Site.

2. DESCRIPTION OF SITE

This Site is intended to provide a Debtor Information service to allow you or third parties to add, amend, and upgrade your Debtor Information on the Site.

3. GENERAL AND ADMINISTRATION OF USE OF SITE AND THE SITE

3.1 You agree to use this Site in accordance with these Terms, as it may be modified from time to time. You will at all times comply with all applicable federal, state, and local government laws and regulations when you use the Site.
3.2 The Site, and all related computer systems, procedures, and databases created, operated, maintained or accessed by us and our Affiliates in connection with providing the Services, contain proprietary and confidential information of substantial economic value to us and our Affiliates. You shall not make any unauthorized use, misuse, or disclosure of such information.
3.3 The accuracy, completeness, and timeliness of all information provided to us by you via the Site are your sole responsibility. You are responsible for all activities occurring under your accounts that are due to your conduct or inaction. You are responsible for verifying the accuracy of transactions as entered including Debtor Information and for information as received.
3.4 You warrant and represent to us that
(a) you have obtained all necessary authorization to enter into, and be bound by, these Terms either for yourself or on behalf of your firm, company or other organization, as applicable, and to request each transaction requested by you;
(b) you have obtained any necessary licenses and consents to use any intellectual property of any third party and you must provide us with a copy of any such license or consent on request;
(c) You are least 18 years of age and have the legal capacity to enter this Agreement;
(d) publication of Debtor Information on the Site by you will not, at any time, infringe any intellectual property right, moral right, privacy right or any right of confidence or other right of any person;
(e) you have obtained the consent of all individuals whose personal information is included in any Debtor Information to:
(i) the collection of that personal information by us;
(ii) the use and disclosure of that personal information in accordance with our Privacy Policy;
(f) all accessible Debtor Information will be current and accurate, and will not mislead or deceive users of the Site;
(g) each website represented by any URL shown or embedded in the Debtor Information for your business:
(i) (i) is controlled and operated by your business or its independent contractor;
(ii) will be functional and accessible at all times;
(iii) is suitable in all respects, including (without limitation) subject matter, to be linked to the Site;
(h) publication of the Debtor Information will not violate (or cause Commercial Debt System  to violate) any applicable law, regulation, standard or relevant industry code;
(i) you have attempted to recover the outstanding amount prior to registering a default and you have notified the Debtor that the Debtor Information will be passed onto and used by Commercial Debt System;
(j) each transaction requested by you relates only to services that you are entitled to receive through the Site; and
(k) you are using the Site from within the United States Of America.
(l) in any default you register the debt is a minimum of USD $100
(m) in any default you register the debt must exceed your payment terms.
(n) the default that is registered is not in dispute with the debtor, or any other parties.
3.5 We are authorized, without further inquiry, to provide services and to release Debtor Information in accordance with a transaction request received by us if we receive apparently proper identification. We are not responsible for verifying apparently proper identification you provide to us. Notwithstanding the foregoing, we may require partial or full documentation or other verification before effecting any transaction whenever we, in our sole discretion, deem obtaining such documentation or other verification to be appropriate or desirable and shall not be liable for any loss due to a delay resulting from such request. You acknowledge that we may exercise this discretion more readily in certain cases, such as meeting our obligations under any applicable anti-money-laundering or similar law, regulation, or policy.
3.6 If you discover that you have obtained access to information on the Site that you do not have authority to access, you agree to immediately terminate such access and inform us.
3.7 The prices advertised on the Site are for Debtor Information services. Prices on some items may differ from those charged for other order entry methods. Prices and the availability of items are subject to change without notice. We reserve the right to limit provision of the services, including the right to prohibit provision of the services or access to the Site at our discretion.
3.9 By requesting information through the Site, You consent to the transmission of the requested information (which may include mobile telephony unique identifier information) through the Site and assume all risks of such transmission.
3.10 Commercial Debt System will record any Creditor card details you provide to facilitate payment for the Services for future use. Commercial Debt System will encrypt such Creditor card details as specified in its privacy policy.

4. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES

You agree you are bound by any affirmation, assent, or agreement you transmit through the Site, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

5. RESTRICTIONS ON USE

5 .1 Unless you have obtained our prior written permission, you may not do any of the following or permit or procure any other Person or Affiliate to:
(a) copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this Site in any manner inconsistent with the purposes for which it is offered by Commercial Debt System to its Users In particular, you will not disclose Debtor Information uploaded by users of the Site to non-users of the Site.
(b) use promote or otherwise encourage the use of this Site or any Debtor Information for any illegal or unauthorized purpose;
(c) infringe or violate the rights of third parties, including copyright, trademark, patent, rights of privacy, or any other proprietary or contractual right;
(d) transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication;
(e) copy, modify, or display our name, trademarks, or logo or those of any Affiliate of ours, or any text, graphic images, or other Debtor Information from this Site;
(f) use devices (including software) that are designed to provide repeated automated access to this Site or probe, scan, or test the vulnerability of any system or network related in any way to this Site;
(g) with the exception of web browser software, or other applications approved by Us, use any software, program, application or any other device to access or log on to the Site, including our computer systems, or to automate the process of obtaining, downloading, transferring or transmitting any Debtor Information from Site, including our computer system;
(h) include any Mark, the name of any of our personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any User and/or website and the Site;
(i) collect or store personal information about other Users of this Web site;
(j) transmit any material that contains any computer code or files that might interrupt, limit or interfere with the functionality of any computer software or hardware of telecommunications equipment;
(k) use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit;
(l) identify Commercial Debt System or other users of the Site as the source of any Debtor Information;
(m) create a link from a web site to any page of this Site unless the user or the operator of the other web site has executed our then standard agreement for the granting of permission to establish such a link.
5.2 The license to use the Commercial Debt System membership logo is immediately revoked upon, but not limited to: cancellation of your account; when your account fees are more than 7 days overdue; when you have received written instructions (mail or email) to cease using the membership logo.

6. SITE MONITORING

6 .1 While we may monitor any use of this Site, we are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so.
6 .2 We and our Affiliates and Authorized Representatives may monitor your use of this Site to evaluate the quality of service you receive, your compliance with these Terms, the security of this Site, or for other lawful reasons.
6 .3 You hereby waive and release us from any cause of action or other right with respect to us or our Affiliates or Authorized Representatives concerning any monitoring activities so undertaken.

7. DISCLAIMERS

7.1 The materials on this site and any materials made available on this site are provided in the state received by us and without warranties of any kind, either express or implied. Commercial Debt System disclaims all warranties, express, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement to the fullest extent permitted by law.
7.2 Commercial Debt System and its Affiliates do not warrant or makes any representations regarding the use or the results of the use of the materials in this site in terms of their completeness, accuracy, reliability, timeliness or otherwise. You acknowledge that the materials in this site could include false or irrelevant information, technical inaccuracies, and/or typographical errors.
7.3 Links in this Site, which link to other sites on the World Wide Web are not under the control of Commercial Debt System or any Affiliate or Authorized Representative of Commercial Debt System and none of such persons is responsible for the Debtor Information of any linked site or any link contained in a linked site, or any changes or updates to such sites.
7.4 Commercial Debt System expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
7.5 Commercial Debt System makes no warranty that:
(a) the operation of the site will meet the user's requirements or expectations;
(b) access to the site will be uninterrupted, timely, secure, free of unauthorized code or other harmful components, or free of error or malfunction;
(c) the results that may be obtained from the use of the site will be accurate or reliable; or
(d) errors or defects will be corrected and/or corrected within a specified period of time.

8. LIMITATION OF LIABILITY

8.1 Commercial Debt System and its Affiliates or Authorized Representatives shall not be liable in tort, contract or otherwise (and as permitted by law, product liability) to users or any third party unless due to willful misconduct or gross negligence.
8.2 Commercial Debt System and/or its Affiliates or Authorized Representatives shall not be liable to you any User or any third party for any special, incidental, consequential, exemplary or punitive damages (including damages for loss of profits, revenue, income, goodwill, use, data, time or other intangible losses) that may result from the use of, or the inability to use, the site, whether in an action of contract, negligence or other tort, arising out of or in connection with the use or performance of, or the information available on, the site. This limitation of liability applies even if any of them has been advised of the possibility of such damage.

9. INDEMNIFICATION

9 .1 You agree to indemnify, defend, and hold harmless Commercial Debt System and any Affiliate or Authorized Representative of Commercial Debt System from any claim, demand, loss, costs or expense, including attorneys' fees and costs, made by any person arising out of your violation of these Terms or any other Person's rights hereunder, including violation of any intellectual property or privacy right.
9 .2 Commerical Debt System may, at its own expense, participate in any matter subject to indemnification by you, and you shall not settle any such matter in a manner prejudicial to the rights of Commerical Debt System without the written consent of Commerical Debt System, which shall not be unreasonably withheld.

10. ACCURACY PRIVACY AND SECURITY

10 .1 Information contained on this Site or information electronically generated by this Site may contain information that has be provided to Commerical Debt System by third parties.
(a) Commerical Debt System has not verified the accuracy, currency, reliability or completeness of the information and makes no representation or warranty as to their accuracy, currency or reliability.
(b) Commerical Debt System will have no liability to any persons for inaccuracy, omission, defect or error on Commerical Debt System or information electronically generated by Commerical Debt System.
10 .2 If you believe that:
(a) the security of this Site has been breached; or
(b) your information on the Site may have been used without your authorization; or
(c) this Site contains any inaccurate information, infringes any law or these Terms, please notify us by email please notify us by email
legal@commercialdebtsystem.com

11. INTELLECTUAL PROPERTY

11 .1 We grant you the right to display, copy, distribute, download, and print portions of the Debtor Information for the purpose of conducting business with Commerical Debt System, provided that you comply in all respects with this Clause 12.1. This permission terminates automatically if you breach any of these Terms.
11 .2 You acknowledge and agree that any and all current and future intellectual property rights associated with the Site, including such rights with respect to any name or mark that we may develop for, or use in connection with, the Site, is, and will be owned by us or their respective owners. Nothing in these Terms gives or is intended to give you or any User any claim for ownership of or any rights in such intellectual property.
11 .3 The following restrictions apply to the content of the Site:
(a) You agree that the content of the Site is our property or the property of our customers (as the case may be) and is subject to protection by United States Of America. and international intellectual property laws;
(b) Subject to these Terms, and except as expressly indicated otherwise, you agree not to download, copy, store, manipulate, reformat, modify, adapt, reproduce, retransmit, distribute, circulate, display, publish, distribute, perform, sell, rent, print or create derivative works from, or make any other use of the our content or Debtor Information (or any portion thereof) without our prior written approval.
(c) you may only use and download materials that are made available on the Site for the your own internal use;
(d) you may not use, distribute, modify, transmit, or post any our content or Debtor Information obtained from the use of the Site or any functions of the Site for public or commercial purposes without our express written permission including but not limited to reselling access to any such materials or to redistributing or facilitating the redistribution of any such materials for sale to others;
(e) you may not delete copyright or other intellectual property rights and proprietary notices from printouts of electronically accessed materials; and
(f) you hereby assign to us copyright in any document owned by you which you uploaded onto the Site.
(g) if you enable third-party applications for use in conjunction with the Site, you acknowledge that you have assigned to us copyright in any document owned by you which you uploaded or created within the third-party application.
11.4 Nothing contained in these Terms or this Site grant any license or right to use any of the Marks displayed on this Site. You agree not to use the Marks.
11.5 You agree that any material, information, and ideas that you transmit to Commerical Debt System for inclusion in the Site shall be treated as non-confidential, non-proprietary, and free from any moral right. Commerical Debt System shall be under no obligation of any kind with respect to such transmissions and shall be free to reproduce, use, disclose, and distribute such transmissions to others in any manner including any manner that does not reveal your identity.

12. MODIFICATIONS, SUSPENSIONS AND TERMINATIONS

12.1 If you breach any of these Terms or we anticipate you will breach any of these Terms, we may terminate any right granted to you in these Terms.
12.2 We may suspend or terminate your access to the Site at any time without giving notice or a reason for such suspension or termination.
12.3 We may modify or discontinue all or any portion of the Site or any function made available thereby or any document uploaded onto the Site by you at any time without prior notice.
12.4 We may block access to the use of all or any portion of the Site or any function of the Site without prior notice in the event we elect to discontinue such service on a temporary or permanent basis or in the event that you breach this Agreement.

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