These Terms and Conditions (the “Terms and Conditions”) govern users and recipients (“You”) of LegitScript’s free merchant risk scan reports (the “Reports”). These Terms and Conditions constitute an agreement between you and LegitScript and impose legal obligations upon you.

1. Purpose and Nature of the Reports

Reports provided are illustrative examples of LegitScript’s services and capabilities only. Reports are intended to demonstrate general product functionality and should not be considered complete, definitive, or exhaustive assessments of any merchant, website, or activity, including but not limited to credit card brand rules.

2. No Reliance; Independent Verification Required

The results, findings, and observations contained in any Report:

• are provided for informational purposes only, and
• must not be relied upon for any compliance, enforcement, business, legal, or risk-management decisions.

You are solely responsible for conducting your own independent investigation, verification, and analysis before taking any action based on the information provided in the Reports. LegitScript cannot and does not guarantee that the Reports (including any information obtained from third parties) is accurate, reliable, current, complete or appropriate for your needs. Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness, timeliness, results obtained from use, or correct sequencing of the Reports, is not and cannot be guaranteed by LegitScript or by any third parties creating or transmitting such information.

3. No Warranties

THE REPORTS ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” LEGITSCRIPT SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. LEGITSCRIPT DOES NOT WARRANT THAT THE REPORTS WILL BE FREE FROM ERRORS, THAT USE OF ANY LEGITSCRIPT SERVICES WILL BE UNINTERRUPTED, OR WILL SATISFY YOUR PARTICULAR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LEGITSCRIPT OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. LEGITSCRIPT WILL NOT BE RESPONSIBLE FOR PAYMENT OF ANY BRAM, VIRP, OR OTHER PENALTIES INCURRED BY YOU.

4. Data Submission and Required Consents

By submitting any merchant data, URLs, identifiers, or related information, you represent and warrant that:

• You have obtained all necessary rights, permissions, and consents to submit such data; and
  submission and use by LegitScript of the data provided by you, as contemplated herein does not violate any law, contract, privacy right, or third-party right.
• You remain solely responsible for the legality and any necessary consents of any data submitted.

5. Indemnification

You agree to hold harmless, defend, and indemnify LegitScript (including its officers, directors, employees, agents, and insurers) from and against any and all claims, demands, lawsuits, losses, damages, investigations, injuries (including personal injury, sickness, death or property damage), expenses (including attorney fees and court costs), and other liabilities of any kind or nature asserted by any third party, whether in contract, in tort, under any statute, or otherwise, arising out of or in connection with (i) any allegation that information provided by you to LegitScript infringes the intellectual property or business rights of any third party, (ii) your use of the Reports, (iii) data you submit to LegitScript, (iv) any allegation that you lacked authority or consent to submit such data to LegitScript, and (v) your negligent or willful acts or omissions.

6. No Ongoing Obligations

Reports do not create any obligation for LegitScript to provide additional services, updates, or ongoing monitoring, nor does it create any customer, advisory, or fiduciary relationship with you.

7. Governing Law

These Terms and Conditions and all matters arising out of or relating to these Terms and Conditions or the Reports or such related documents, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware. You irrevocably and unconditionally agrees that you will not commence any action, litigation, or proceeding of any kind whatsoever against LegitScript in any way arising from or relating to the Reports, including contract, equity, tort, fraud, and statutory claims, in any forum other than the federal or state courts located in Delaware. You irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to bring any such action, litigation or proceeding only in such courts and you hereby waive the right to object to the foregoing choice of law, personal jurisdiction or venue. If any action is instituted to enforce or interpret the terms of these Terms and Conditions, the prevailing party in such action will be entitled to recover its reasonable attorney fees and costs incurred in such action, at trial or on appeal, from the losing party. You hereby waive, with respect to any matters: (i) the right to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; and (ii) the right to join or consolidate claims with claims of any other person.