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Atradius US Legal Notice | Atradius USA

Legal Notice

These terms govern your access to and use of www.atradius.com or any Atradius website (each jointly and individually referred to as the "website"). Where specific products or services are made available to you by the website, additional terms may apply.

 

Acceptance
Before using the website you should read and agree to these terms and conditions of use. By using the website you are agreeing to be legally bound by these terms. If you do not agree, you should not use the website.



Ownership
This website is owned and operated by Atradius N.V. and its affiliated companies and subsidiaries (from this point: jointly and individually referred to as "Atradius".

 

Place of Operations
Atradius controls and maintains this website from the Netherlands and makes no representation that the information provided on or via this website is appropriate or available for use in other locations. Websites of Atradius that are targeted at specific jurisdictions comply with the requirements of those jurisdictions. No warranty is given in respect of use in other jurisdictions.



Variations
Atradius may change these terms and conditions of use at any time without notice. Changes will be posted under “Legal Notice”. Your use of the website after any changes have been posted will constitute your agreement to the modified terms and conditions of use and all of the changes. Accordingly, you should read these terms and conditions of use from time to time to ensure you are aware of the latest changes.



Accuracy
Atradius will use reasonable efforts to provide accurate and up to date information on this website. This information is for general guidance on matters of interest only. The application and impact of this information can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this website. All information on this website is provided "as is".



It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. All information contained on any page set up by an entity of Atradius is distributed with the understanding that the authors, publishers and distributors are not rendering legal, accounting or other professional advice or opinions on specific facts or matters and accordingly assume no liability whatsoever in connection with its use. You should consult your own advisors with respect to your personal situation.



Availability
Whilst Atradius takes reasonable steps to ensure its websites are accessible; we make no guarantee of availability will not be held liable for any losses due to their unavailability.



Intellectual Property
All rights (including copyrights, trademarks, design right, database right as well as any other intellectual property rights in all text, images, graphics, logos, sound, software and other materials on this website are owned by Atradius or are included with permission of the relevant owner.



You are permitted to access and use this website for personal, noncommercial use only. You may not copy, download, (re)publish, distribute, modify, post, exploit, transmit or reproduce any of the information contained on this website in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written consent of Atradius or the relevant owner. You agree that the material and content contained within or provided by Atradius on this website may be printed out and/or downloaded for your own personal use only but may not be used for commercial purposes or distributed commercially.



Password Policy
Your use of certain portions of the website requires log-in details, including a user ID and password. You are responsible for maintaining the confidentiality of your log in details and for keeping your device secure so as to prevent unauthorized access to your account. In particular you must keep your password confidential. You assume responsibility for all activities that occur using your log-in credentials. You should immediately notify Atradius if you become aware of any loss or theft of your password or its unauthorized use. Atradius reserves the right to delete or change a password at any time and for any reason.



Security
Atradius takes reasonable steps to safeguard the security of any information you input or send to Atradius in connection with this website by using secure services and encryption technology where Atradius deems appropriate, such as access to secure areas of the website. However, you acknowledge that transmission of information via the internet (unless encrypted) is inherently insecure and Atradius makes no warranty that the website is error, bug or virus free. You should take reasonable precautions, such as using up to date antivirus software to protect your device. Atradius accepts no responsibility for any damages that you may suffer as a result of damage to or the loss of confidentiality of your information. Atradius excludes all liability for contamination or damage caused by virus or electronic transmission.



Privacy
Our use of personal information collected via this website is governed by the Atradius Privacy Statement. Please see Atradius Privacy Statement for a summary of personal data collection, use, whom we disclose it to and your rights. By using the website, you consent to the collection and use of personal data by Atradius as outlined therein.

 

Atradius has the right, but not the obligation to monitor any transmission made through the respective web pages and/or forums or newsgroups.



Submitting information for publication
By submitting any material to Atradius for publication on the website you do so in the knowledge that Atradius may copy, modify, distribute or create a derivative work from that content in any form. You warrant that the material is fit for publication and agree to indemnify Atradius if any third party takes action against Atradius in relation to the material that you submit. You warrant that you believe Atradius may publish the material you submit and/or make use of it or any concepts described in it in Atradius’ products or services without liability and you agree not to take action against Atradius in relation to it. Atradius does not audit or verify the truth or accuracy of any such information. You agree that Atradius shall have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the website constitutes a violation of their intellectual property rights or of their right to privacy.



Anti-hacking provision
You expressly agree not to:

 

  1. Use or attempt to use any "deep-link", "scraper", "robot", "bot", "spider", "data-mining", "computer code", or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes, or functionality, to access, acquire, copy, or monitor any portion of the website, any data or content found on or accessed through the website or any other content without the prior express written consent of Atradius;
  2. Obtain or attempt to obtain through any means any materials or information on the website that have not been intentionally made publicly available, either by their public display on the website or through their accessibility by a visible link;
  3. Violate the restrictions in any robot inclusion headers on this website or in any way bypass or circumvent any other measure employed to limit or prevent access to the website or its content;
  4. Violate the security of the website or attempt to gain unauthorized access to the website, data, materials, information, computer systems or networks connected to any Atradius server, through hacking, password mining or any other means;
  5. Interfere or attempt to interfere with the proper working of the website or any activities conducted on or through the website, including accessing any data, content or other information prior to the time that it is intended to be available to the public;
  6. Take or attempt any action that, in the sole discretion of Atradius, imposes or may impose an unreasonable or disproportionately large load or burden on the website or Atradius infrastructure.

 

Disclaimer, no warranties and exclusion of liability
Atradius disclaims any representations or warranties of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose of (including but not limited to) any information contained on or provided via this website and/or any service described or promoted on this website, including warranties with respect to infringement of any patent, copyright, or other rights of third parties.



Atradius shall not be liable for any injury, loss, damage or expense arising out of any access to, or use of, this website or any site linked to or from, including, without limitation, any loss of profit, indirect, incidental or consequential loss. Atradius shall not be liable for persons, property damage or especially direct, indirect, incidental, consequential, immediate or subsequent (pecuniary) loss.



While Atradius has used reasonable efforts in maintaining a virus-free website, it declines any liability for persons, property damage or especially direct, indirect, incidental, consequential, immediate or subsequent (pecuniary) loss which may result from transmission or downloading of computer viruses. Atradius cannot be held liable for hardware damage, loss of data, alteration of data, or downtime.



Indemnity & injunction
You agree to indemnify and hold harmless Atradius, its licensors and suppliers, all of its affiliated companies and subsidiaries and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the website or any breach by you of these terms and conditions of use.



You agree that damages may not be an adequate remedy for the breach of these terms and conditions of use or the infringement of any of our rights and accordingly agree that we are entitled to injunctions, specific performance, and/or orders to deliver up documents.



Severability
If any part of these terms and conditions is found to be illegal or unenforceable, this will not affect the validity or enforceability of the remainder of these terms and conditions. Any term or condition that is invalid or unenforceable is, in this case, to be understood as such that its intended purpose is still fulfilled as far as possible.



Third party sites
This website may contain hypertext or other computer links to websites operated by persons other than Atradius. Such hyperlinks are provided for your reference and convenience only, the responsibility for the operation and content of those websites rests solely with the organization controlling that site which shall be governed by separate terms of use. Atradius shall have no liability to you or any other person or entity for the use of third party websites.



A hyperlink from this website to another website does not imply or mean that Atradius endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from this website. Atradius assumes no responsibility for the use of third party software on the website and shall have no liability whatsoever to any person or entity for the security, accuracy or completeness of any outcome generated by such software.



Applicable law and place of jurisdiction
By accessing this website you agree that the laws of The Netherlands shall apply to all matters arising from or relating to the use and contents of this website or information provided to you via this website. You also agree to submit to the exclusive jurisdiction in first instance of the District Court of Amsterdam, The Netherlands with respect to such matters.