and use of this website and related sites, products, and services provided by eDiligence Inc.(collectively,
“Products”). By continuing to access or use the Products, you signify your acceptance of these Terms of
eDiligence’s collection and use of your personal information as set out therein. If you do not agree to the
Use are in addition to the specific terms and conditions that may apply to the products and services
provided by eDiligence to you. It should not be used, however, for the following purposes without
review by financial professionals:
- Loan Decisions – eDiligence provides objective, quantifiable ratios and can make loan approval
recommendations based on rules established by the institution. However, you should use eDiligence in
conjunction with review by experienced analysts who understand credit risk at the institution.
eDiligence and/or its subsidiaries will not be responsible for the content of any eDiligence report where:
- The text of the report is modified by any outside party.
- Decision makers rely on eDiligence as their primary source of advice regarding business decisions.
You should use eDiligence in combination with the advice of competent legal and financial
Use of Data
eDiligence will not publish or sell personally identifiable data (information that identifies a particular
client/customer or other individual) without your express permission, and we agree to maintain the
confidentiality of your information. eDiligence reserves the right to use any data and information
provided by users for internal quality control and product development as necessary for supporting the
Products. This may include the future development of financial models, indices, or other reports derived
from the financial data entered. Do not enter data or other information into our applications if you do not want your or your client data being used in this manner or contributed to our aggregate database.
eDiligence, the eDiligence logo, and the names and content of the Products (collectively, “eDiligence
IP”) are protected by trademarks, service marks, registered trademarks, copyrights, and/or other
proprietary rights under U.S. copyright and other laws and treaties. eDiligence IP may not be used
without the prior written approval of eDiligence. Customers shall utilize the information contained in
any online report provided to such Customer from this Site solely for such Customer’s lawful internal
business purposes; provided, however, that except for the right so to utilize any such online report, no
license or other rights are hereby granted with respect to eDiligence IP, and any and all such rights
therein shall be reserved solely to eDiligence. Any efforts to copy, reverse engineer, or otherwise
replicate eDiligence IP or obtain the source code thereof, and any infringement, misappropriation, or
other violation of the rights of eDiligence, in eDiligence IP under applicable patent, copyright,
trademark, and other laws, is specifically prohibited. Customers hereby acknowledge that eDiligence has a patent on its technology for producing narrative financial analysis reports, agree not to run reports as a basis for reverse engineering the Patented Technology and also agree to not compete with a similar
technology in any of the markets in which eDiligence competes.
Warranty; Limitation of Liability
eDiligence (the “COMPANY”) represents that it will provide or cause the Services to be provided to the
CUSTOMER with reasonable care and in accordance with all applicable laws, rules, and regulations.
ALL SOFTWARE AND SERVICES PROVIDED TO THE CUSTOMER ARE AS IS, WHERE IS, WITH
ALL FAULTS. THE COMPANY MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND
ALL) REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE CUSTOMER.
FURTHERMORE, THE CUSTOMER MAY NOT RELY UPON ANY REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE MADE TO THE CUSTOMER BY ANY PARTY
(INCLUDING, AN AFFILIATE OF THE COMPANY) PERFORMING SERVICES ON BEHALF ON
THE COMPANY HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO
THE CUSTOMER. HOWEVER, IN THE CASE OF OUTSOURCED SERVICES PROVIDED SOLELY
FOR THE CUSTOMER, IF THE THIRD PARTY PROVIDER OF SUCH SERVICES MAKES AN
EXPRESS WARRANTY TO THE CUSTOMER, THE CUSTOMER IS ENTITLED TO CAUSE THE
COMPANY TO RELY ON AND TO ENFORCE SUCH WARRANTY. IT IS EXPRESSLY
UNDERSTOOD BY THE CUSTOMER THAT THE COMPANY AND ITS AFFILIATES SHALL HAVE
NO LIABILITY FOR THE FAILURE OF THIRD PARTY PROVIDERS TO PERFORM ANY SERVICES
HEREUNDER AND FURTHER THAT THE COMPANY AND ITS AFFILIATES SHALL HAVE NO
LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY
UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER WHICH WOULD
EVIDENCE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT ON THE PART OF THE
COMPANY OR ITS AFFILIATES BUT THE COMPANY SHALL, ON BEHALF OF THE CUSTOMER,
PURSUE ALL RIGHTS AND REMEDIES UNDER ANY SUCH THIRD PARTY CONTRACT. THE
CUSTOMER AGREES THAT THE REMUNERATION PAID TO THE COMPANY HEREUNDER FOR
THE SOFTWARE AND SERVICES PROVIDED REFLECT THIS LIMITATION OF LIABILITY AND
DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE
CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM
THE BREACH OF THIS AGREEMENT, REGARDLESS OF THE FAULT OF THE COMPANY, ANY
COMPANY AFFILIATE, OR ANY THIRD PARTY PROVIDER OR WHETHER THE COMPANY, ANY
COMPANY AFFILIATE, OR THE THIRD PARTY PROVIDER ARE WHOLLY, CONCURRENTLY,
PARTIALLY, OR SOLELY NEGLIGENT.
We may change these TOU from time to time, and all changes will be effective at the time we post
them. If we believe there is a significant change to these TOU or our data collection and use practices,
we will indicate on our websites that our TOU have changed prior to the change becoming effective.
The then-posted version of the TOU supersedes all prior versions. Your continued access to or use of
any of the Services shall be deemed your acceptance of the TOU.
We urge you to come back to this web page and review these TOU regularly so that you remain aware
of the terms and conditions that apply to you.