Data Feed Terms
1. You acknowledge that all information provided by Gatekeeper as part of the data feed services ("Information") is licensed for the exclusive use of Users. You and Users acknowledge that some of the Information provided to them may have been provided to Gatekeeper by third-party information providers, such as Argos Risk, LLC. Regardless of the form or format in which the Information is furnished, none of the Information provided to You or Users may be made available by You or Users in whole or in part to any third party. You and Users agree that you will not duplicate any magnetic tapes, disks, diskettes and other machine-readable media in any form or manner whatsoever, except that You or Users may make one copy solely for backup purposes. You and Users are expressly prohibited from using the Information as a factor in establishing an individual's eligibility for: (i) credit or insurance to be used primarily for personal, family or household purposes, or (ii) employment. You and Users agree not to use the Information to engage in unfair or deceptive practices.
2. You agree to indemnify, defend and hold harmless Gatekeeper and its third-party information providers from any claim or cause of action against Gatekeeper or its third-party information providers arising out of or relating to use of the Information by (i) individuals or entities which have not been authorised by the Agreement to have access to and/or use the Information and (ii) You or Users, which use may be in violation of Your license.
3. You represent and warrant that Your use and that of Users of any Information shall in all cases comply with all applicable federal, state and local laws and regulations and that all mail or other marketing programs using any Information shall conform to generally recognised standards of high integrity and good taste.
4. Your use of the Information is entirely at your own risk. Except as expressly provided in the Agreement the Information is provided “as is”.
5. You acknowledge that Gatekeeper and its third-party information providers make no representations or warranties of any kind with respect to the Information, including but not limited to, the accuracy, completeness, timeliness, merchantability or fitness for a particular purpose of the Information or of the media on which the Information is provided and You agree that Company and its third-party information providers shall not be liable to You or Users for any loss or injury arising out of or caused, in whole or in part, by Gatekeeper’s negligent acts omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the Information.
6. Gatekeeper and its third-party information providers do not warrant: (i) the accuracy, reliability, completeness, usefulness, quality or content of the Information; or (ii) that the Information will meet Your requirements and You and Users assume all risk for relying upon the Information.
7. Gatekeeper and its third-party information providers are not engaged in rendering legal, financial accounting or other professional services. If such assistance is required the services of a competent professional should be sought.
8. You acknowledge and agree that the Information is proprietary to Gatekeeper and comprises: (i) works of original authorship, including compiled information containing Gatekeeper’s selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; (ii) confidential and trade secret information; and (iii) information that has been created, developed and maintained by Gatekeeper at great expense of time and money, such that misappropriation or unauthorised use by others for commercial gain would unfairly or irreparably harm Gatekeeper. You agree that you and Users shall not commit or permit any act or omission by your agents, employees, or any third party that would impair Gatekeeper’s IPRs in the Information. You and Users shall not use any Gatekeeper trade names, trademarks, service marks or copyrighted materials in listings or advertising in any manner without the prior written approval of Gatekeeper. You and Users shall reproduce Gatekeeper’s copyright notice and proprietary rights legend on all authorised copies of such Information.
9. You and Users agree that these Data Feed Terms are entered into between Yourself and Gatekeeper for the benefit of Gatekeeper and the third-party information providers and that the third-party information providers are third party beneficiaries hereof. You agree that Gatekeeper may, in its own name or in the name of is third-party information providers enforce these Data Feed Terms against You; provided, however, that You agree that You will look only to Gatekeeper and not to the third-party information providers for performance by Gatekeeper of its obligations hereunder.
10. Upon expiration or termination of an Order Form with respect to any Information, You and Users shall immediately delete, destroy or return all originals and copies of any Information, unless you are otherwise instructed by Gatekeeper or Argos Risk LLC; and upon request, provide Gatekeeper with certification thereof.