Babbage Spend™ Terms of Use

TruTrade System Agreement

Babbage Spend™ Terms of Use

These Babbage Spend™ Terms of Use (“Terms”) govern your (“you” “your”) access and use of the Babbage Spend Module (the “Module” or “Babbage Spend Module”) incorporated into the TruTrade System (as defined in your TruTrade System Agreement) provided by Alexander Babbage, Inc. (“Alexander Babbage,” “we, or “our”).  These Terms apply to all users, clients, and others who license, access and/or use or the Module. By accessing or using the Module, as well as execution of the Order Form for the TruTrade System, you agree to be bound by these Terms. If you are using the Module on behalf of an entity or organization (“Organization”), then you are agreeing to these Terms of Use individually and on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.  You agree to promptly notify Babbage in the event of a failure of any of the following requirements.

You represent and warrant that you shall not, directly, or indirectly (including third parties), use the Babbage Spend Module, the data and information contained within the Babbage Spend Module (the “Data”), or any reports produced containing and/or utilizing the Data (“Reports”) to facilitate any:

(i) company or individual listed as a Specially Designated national or blocked person listed on the website  http://www.treas.gov/offices/enforcement/ofac/sdn/index.html of the Office of Foreign Asset Control (OFAC);

(ii) company or individual who is known to have been involved in fraud, or other unethical business practices;

(iii) company or individual operating out of a residence (e.g., home-based business);

(iv) marijuana dispensary;

(v) company or individual that is located in the following countries: Afghanistan, Crimea region of Ukraine, Cuba, Iran (Islamic Republic of), Iraq, Korea (the Democratic People’s Republic of) – also referred to as North Korea, Somalia, South Sudan, Sudan, Syrian Arab Republic, Yemen, Algeria, Angola, Armenia, Azerbaijan, Cameroon, Central African Republic, Chad, China, Comoros, the Democratic Republic of Congo, Congo Republic, Côte d’Ivoire, Myanmar, Nepal, Nicaragua, Niger, Nigeria, Pakistan, Panama, Papua New Guinea, Paraguay;

(vi) agency of a foreign (to the United States) government;

(vii) weapons dealer, seller, or distributor; and/or

(viii) investment firm, company, or fund, or to trade in securities or make estimations, determinations or recommendations or provide other advice relating to securities.

Further, you warrant and represent that you shall not, directly, or indirectly, or facilitate others to:

(i) attempt to personalize or re-personalize the Data, or otherwise attempt to identify the individuals or entities about whom the Data relate or from whom the Data was obtained or otherwise pertains to;

(ii) use, store, transmit or otherwise disclose the Data or Reports to any company or individual that is located in the following countries: Afghanistan, Crimea region of Ukraine, Cuba, Iran (Islamic Republic of), Iraq, Korea (the Democratic People’s Republic of) – also referred to as North Korea, Somalia, South Sudan, Sudan, Syrian Arab Republic, Yemen, Algeria, Angola, Armenia, Azerbaijan, Cameroon, Central African Republic, Chad, China, Comoros, the Democratic Republic of Congo, Congo Republic, Côte d’Ivoire, Myanmar, Nepal, Nicaragua, Niger, Nigeria, Pakistan, Panama, Papua New Guinea, Paraguay;

(iii) use the Data and/or Reports as part of a decision to grant or deny an account or other benefit, for employment purposes, or for any other purpose contemplated by the United States Fair Credit Reporting Act (the “FCRA”);

(iv) (a) use the Data and/or Reports to take any adverse action (as defined by the FCRA) against an individual consumer, or (b) to merge, in any manner, with any other data elements, products or services that are subject to the FCRA; (c) directly or indirectly, attempt to derive individual-level credit data from such; (d) to represent, or as proxy, or to market as, individual level credit data; (v) for the renegotiating or restructuring of debt; (e) for employment, credit, health care, tenancy, insurance, or charity care eligibility, underwriting, or pricing; or (f) to collect consumer debt. You acknowledge the Data and Reports are not intended to be consumer report information, nor subject to the FCRA nor information subject to the Gramm-Leach-Bliley Act, Title V, Subtitle A, Financial Privacy (15 U.S.C. § 6801-6809) and will not be used for any such purpose; and/or

(v) use the Data and/or Reports (a) to represent, or as proxy, or to market as, individual level credit data; (b) for the renegotiating or restructuring of debt; (c) to facilitate any advertising for or sale of adult entertainment, sexual paraphernalia, drug paraphernalia, weapons, counterfeit or pirated goods, illegal gambling or gaming, medical services, or any other product or service that is illegal or illicit (d) for employment, credit, health care, tenancy, insurance, or charity care eligibility, underwriting, or pricing; (e) to collect consumer debt; and/or (f) to promote bigotry, racism, or harm.

Notices

Any Notices from You under these Terms shall be in writing and shall be made by registered or certified mail, address, as follows:

Alexander Babbage, Inc.
1579 Monroe Drive NE
Suite F, Box 236
Atlanta, GA 30324-5039

404 961-7600

With a Copy to:  info@alexanderbabbage.com