Babbage Spend™ Terms of Use

These Babbage Spend™ Terms of Use (“Terms”) govern your (“you” “your”) access to the data and reports, consulting services and use of the Babbage Spend Module (the “Module” or “Babbage Spend Module”) incorporated into the TruTrade System provided by Alexander Babbage, Inc. (“Alexander Babbage,” “we, or “our”). These Terms apply to all users, clients, and others who use the data and reports, license, access and/or use or the Module. By receiving the data and reports and/or accessing or using the Module, as well as execution of the Order Form, 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.

1. You represent and warrant that you will not, directly, or indirectly (including third parties), use the Babbage Spend Module data and information (the “Data”) or any reports produced containing and/or utilizing the Data (“Reports”) and provided to you as part of the consulting services 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 will 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; and/or

(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 (FCRA).

Notices

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

Alexander Babbage, Inc.

1349 West Peachtree Street NW, Suite 1525

Atlanta, GA 30309

404 961-7600

With a Copy to: info@alexanderbabbage.com