Member Terms & Conditions

These are the terms and conditions for the use of information and data provided by CCA Solutions Inc. (“CCA”) for users of this Website (the “Terms and Conditions”). The following Terms and Conditions governs. Your access to and use of the CCA Website, including any privacy policies, content, functionality and services offered on or through the CCA Website (“Website”) whether You are browsing this Website or are a registered customer.

Updated: May 7, 2024

Notice: The prior version of this Agreement was dated April 12, 2024.

CCA TERMS & CONDITIONS

Please read the following information carefully before using this Website. By using this Website, or by clicking to agree to these Terms and Conditions when that option is made available, You, also referred to as “Customer” or “Your,” certify that You are a business and agree to these Terms and Conditions. If You do not agree to these Terms and Conditions, please do not access or use this Website.

The Terms and Conditions herein apply to CCA, its parent companies, subsidiaries, affiliates, divisions, employees, officers, directors, contractors, vendors, and all vendors, data sources and suppliers all of which are referred to herein as “CCA.” The Terms and Conditions are in addition to, and do not override specific terms and conditions for products or services offered by CCA through this Website or otherwise unless explicitly defined herein.

A. Restrictions on Use. In consideration for Customer’s right to receive and use reports, data, products and services (collectively, the “Services”) from CCA through this Website, Customer agrees that the Services:

1) will be used solely (i) to review Your own business credit report, (ii) in connection with a present or prospective credit or financial transaction with another business entity inquired upon, or (iii) for other legitimate commercial purposes, and will be used for internal uses only and will not be resold or used for testing to create competitive, commercial products or services to those of CCA or its affiliates and technology partners;
2) will not be used as a factor in establishing an individual’s eligibility for personal credit or insurance or used for personal, family or household purposes, or employment purposes;
3) will not be shared or disclosed to a third party;
4) will be used in compliance with all applicable laws, regulations, export restrictions, ordinances, and additional use restrictions set forth in the Agreement or hereafter adopted by CCA and notice provided to You; and
5) Customer acknowledges that the Services it receives from CCA under this Agreement include non-public information about businesses and, as such, customer agrees that it will maintain the information in strict confidence and will not disclose such information other than to its employees who have a need to know, or pursuant to legal requirements.

B. Warranty Disclaimer and Limitation of Liability. Customer further acknowledges and agrees that the Services are subject to the following:

1) THE SERVICES ARE NOT GUARANTEED, ARE PROVIDED ‘AS IS,’ AND THAT NEITHER CCA NOR ITS SOURCES WILL BE LIABLE TO CUSTOMER FOR ANY LOSS OR DAMAGE BASED ON ANY ERRORS OR OMISSIONS THEREFROM. The information, products and services available on this Website may include technical inaccuracies or typographical errors; and

2) are subject to the following exclusion of warranty. NEITHER CCA NOR ITS SOURCES GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR DATA AND SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY CCA’S OR ITS SOURCES’ ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE DATA OR SERVICES.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CCA, CUSTOMER, OR ITS OR THEIR VENDORS, AGENTS, EMPLOYEES OR THIRD PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL CCA, CUSTOMER, OR THEIR SOURCES BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT, AND HOWEVER CAUSED, EVEN IF CCA, CUSTOMER, OR THEIR SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS. FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.

IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, LIABILITY CAN BE IMPOSED ON CCA, CUSTOMER, OR THEIR SOURCES, THEN CUSTOMER AND CCA AGREE THAT THE AGGREGATE LIABILITY FOR ANY OR ALL LOSSES OR INJURIES TO CUSTOMER OR CCA IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THE AGREEMENT, REGARDLESS OF THE CAUSE OR THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE AMOUNT PAID TO CCA BY ANY PERSON OR ENTITY FOR THE AFFECTED SERVICES. CUSTOMER AND CCA EACH COVENANT AND PROMISE THAT THEY WILL NOT SUE EACH OTHER OR THEIR SOURCES FOR AN AMOUNT GREATER THAN SUCH SUM AND THAT THEY WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST EACH OTHER OR THEIR SOURCES. THIS SUBSECTION STATES EACH OF CUSTOMER AND CCA'S AND THEIR SOURCES' ENTIRE LIABILITY AND THE SOLE REMEDY OF CUSTOMER IN CONNECTION WITH THE PROVISION OF THE SERVICES EXCEPT AS OTHERWISE REQUIRED BY LAW

C. Indemnification. Customer shall defend, indemnify and hold harmless CCA and its officers, agents, employees, representatives, contractors, assignees and/or designees from any and all liability, actions, claims, demands or suits, and all related costs, attorney fees, and expenses brought against CCA by a third party arising out of or relating to: (1) the use of the Services by Customer; (2) Customer’s provision of any experience information shared with CCA for use in the Services; and (3) Customer’s breach of these Terms and Conditions. Customer shall cooperate with CCA in defending against such claims.

D. Modifications to Terms of Use. CCA has the right to change, modify or add to these Terms and Conditions governing this Website or any part thereof, the information, products or services offered through this Website. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by electronic or conventional means and must be accepted by Customer. You agree to review this page periodically to be aware of such changes, modifications, additions or deletions. Your continued use of the Website after such notice has been given shall be deemed to constitute Your acceptance of the changes, modifications, additions or deletions.

E. Emails from CCA. CCA will send emails to the email address You provide regarding notices, alerts, price changes, product updates, renewal notices or other matters specifically relating to the Services (“Email Notices”). You agree to provide CCA with Your current email address for purposes of receiving Email Notices. CCA may send You additional emails including newsletters and other product offering information. You may opt-out of receiving these additional emails during initial registration or by following the instructions located in the email.

F. Account Set-Up, Accuracy, and Access to Your Account. You represent and warrant that You are 18 years of age or more at the time You create an account with us, and are fully able and competent to agree to these Terms and Conditions set forth herein. If any information You provide is untrue, inaccurate or not current, or if CCA has reasonable grounds to suspect that such information is untrue, inaccurate or not current, CCA, at its sole discretion, has the right to suspend or terminate our use of any product and refuse all current or future access to the Services or suspend or terminate any portion thereof. Further, You agree that CCA will not be liable to You or any third party if CCA suspends or terminates Your access to the content or products for any reason. Some Services may require separate registration and logins. You are responsible for providing all information necessary for such registrations, for protecting the confidentiality of Your identification and/or passwords for accessing any of the Services, and is responsible for all use of Your accounts whether expressly authorized by You or not. CCA may, in its sole discretion, terminate any Account, with or without notice, for any or no reason whatsoever, and without any right of recourse by you, including but not limited to a real or suspected violation of these Terms and Conditions.

G. Right to Modify Service. CCA may at any time, without notice or liability, add a Service, change or eliminate any Service or any content or feature of the Services, or restrict the use of any portion of the Services. Customer’s only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Services.

H. CCA’s Use of Your Information. CCA does not share Your information collected through the Website, excluding Risk Assessment Information which is defined below (“Your Information”) with third parties, except for other members of the Association, our affiliated companies, technology partners, and other vendors in order to provide the Services and in accordance with applicable law. CCA will not sell Your Information to third parties. Refer to CCA’s Privacy Policy for additional information regarding use of Your Information.

CCA may also use Your Information for, but not limited to, the following purposes: (i) to provide You with information, products or services You requested; (ii) as permitted in CCA’s Privacy Policy; (iii) for internal product development and to improve the products and services offered or provided; (iv) to troubleshoot problems with the Services; (v) for billing for the Services, fraud prevention, and to enforce these Terms and Conditions or to otherwise enforce our rights and remedies under applicable law; (vi) to customize Your experience using the Services; (vii) to provide sales information to a partner or affiliate whose link You used to access this Website; or (viii) to protect CCA and the Services from actual or threatened harm; (ix) CCA reserves the right to utilize Customer's name, logo, and trademarks for promotional or marketing purposes, including but not limited to, advertising campaigns, case studies, and testimonials, to promote CCA's services; however, Customer can request CCA to remove any of their assets upon written request to the above.

CCA reserves the right to disclose Your Information (i) if required to do so by law or legal process; or (ii) if necessary or appropriate to protect or defend the rights or property of CCA. Without limiting the foregoing, CCA has the right to fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity or other information of anyone using this Website. YOU WAIVE AND HOLD HARMLESS CCA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CCA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CCA OR LAW ENFORCEMENT AUTHORITIES.

I. Links to other websites: For purposes of convenience, this Website contains links to third party websites. You may use these links to access products and services offered on those websites. Other websites may have links to the Website. CCA makes no representations or warranties about any third-party website that You may use or access through the links. By enabling a link to or from those websites, CCA does not endorse, adopt, or otherwise accept any responsibility for the content, control or, or use of those websites. Other websites are governed by their own terms and conditions.

J. Services. The Services listed below are available through this Website. Available Services may be changed at any time by CCA. See Website for list of currently available products. You agree to pay for the Services that You order from CCA on the terms provided at the time of order and subject to change upon notice from CCA.

1. CCA

Membership includes: access to the Debtor Database (which is comprised of the Risk Assessment Information, as defined below), Member AR Database, receipt and use of CCA badge, profile creation and use of membership directory and it’s chat functionality with other members, for a monthly subscription cost and future member only subscription services. By enrolling in CCA, and as a condition of access to the Debtor Database and Member AR Database, You, as a member of CCA, agree to share Your accounts receivables data (the accounts receivables data and the accounts receivable contact list, collective the “AR Data”) with CCA no later than the 20th of each month during Your membership for the month’s prior data. If CCA does not receive Your accounts receivable data by 20th of any given month, then CCA reserves the right to suspend Your access to any subscription services provided by the CCA. You agree to continue to pay any membership fees due during any applicable suspension period. You grant CCA a perpetual, royalty-free, irrevocable, non-exclusive, transferable license to use and share Your AR Data as CCA deems necessary to: (i) provide current and future Services to You and other members, (ii) to share with third parties in CCA’s sole discretion for the third parties’ use (provided that such use or the product of such use will not identify You), (iii) for promotional marketing purposes provided that such use or the product of such use will not identify You), (iv) with CCA third party service providers to improve and deliver the Services and other products provided that the product of such use will not identify You, (v) data management, and (vi) to facilitate a potential or actual ownership change in CCA. CCA may assign any rights to provide the Services, including Debtor Database and Member AR Database, and/or this license in the event of a change of control or ownership in CCA without notice to you. This license shall survive any termination, cancellation or expiration of Your membership.

By signing up for the CCA, an optional Service, You will become a member of the CCA and will have access to a business debtor database containing Risk Assessment Information, as defined below. CBC FINANCIAL LLC and other third-party commercial debt collectors share the following experience information about business accounts that have been placed with them for collection: the identity of the commercial debtor, amount owed, status of the debt (“Risk Assessment Information”). CCA agrees that it will not disclose the identity of the entity that has placed the debt for collection and You agree to not attempt to derive the identity of any entity that has placed a debt for collection as included in the Debtor Database.

Additionally, by signing up for membership, You agree to promptly respond to any inquiries regarding accounts placed for collection by You that are reflected in the Debtor Database and agree to use reasonable efforts to ensure that all Risk Assessment Information is accurate. You also agree that by signing up for membership, other members may contact you directly to obtain references about businesses seeking credit.

The information provided by CCA or its members does not constitute a “consumer report” as that term is defined in the federal Fair Credit Reporting Act, 15 USC 1681 et seq. (FCRA), and may not be used in whole or in part as a factor in determining eligibility for personal credit, insurance, employment or another permissible purpose under the FCRA. CCA only accepts, stores, and distributes data on commercial entities. You are prohibited from providing information on individual persons or consumers. It is the policy of CCA to view sole-proprietors, single-shareholder corporations, single-member partnerships and single-member companies as commercial entities and not as individuals or consumers.

Due to the nature of contributed information, the information in the Debtor Database may contain errors. Source data is sometimes reported or entered inaccurately, processed incorrectly, and is generally not free from defect. This product or service aggregates and reports data, as provided by the members, and is not the source of the data, nor is it a comprehensive compilation of the data. Before relying on any data, it should be independently verified.

If You have questions regarding Your company’s report or would like to dispute information, You may request an investigation by contacting an CCA representative. You may use the phone number listed on the Website, or use the online form, posted in the ‘Help / Contact us’ section at the top of cannabizcredit.com.

Some Services are subject to additional terms and conditions, depending on the type of report provided. Some additional terms and conditions are included below and others may be provided to You during the ordering process. You agree to comply with all such terms and conditions when ordering and receiving the reports.

No Liability for Reliance: CCA does not represent or endorse the accuracy or reliability of any advice, opinion, statement or any other information displayed or distributed through the Service. Customer acknowledges that any reliance upon any such opinion, advice, statement, or other information shall be at Customer’s sole risk.

Refunds are not available unless approved by CCA at its sole discretion.

K. Requirement to Share Data

By registering as a creditor with CCA, you agree to regularly supply CCA with Payment Data (as defined herein) relating to your debtor (receivables ledger) in real-time or as otherwise may be requested by CCA. You agree that CCA may transfer this Payment Data to its affiliates and partners, or may request you to transfer the Payment Data via electronic means, including through APIs, to be included in payment performance tools and ledgers maintained by CCA and/or its affiliates and partners. Such inclusion may result in the Payment Data being integrated, combined with, and analyzed alongside other data held by CCA and/or its partners and affiliates for use in wider products and services (including business credit reports,) which CCA and/or its partners and affiliates may make available to their respective customers and affiliates. In exchange, you will receive greater matched and enhanced data against CCA and its partners’ and affiliates’ databases.

The origin of Payment Data supplied to CCA and/or its partners and affiliates will only be disclosed where required by law or with your prior consent.

You acknowledge that you are sharing Payment Data for the purpose of enabling CCA and its partners and affiliates to provide credit, financial and business information to its customers and to act as credit and business reference agency offering business information globally. You acknowledge that CCA and its partners and affiliates have a legitimate interest for doing so as it will serve to benefit the economy by assisting businesses to make financial decisions and manage business risks, to facilitate informed decision making regarding other businesses.

By sharing Payment Data, you warrant that such Payment Data complies with the

relevant provisions of any relevant data protection legislation, including but not limited to the California Consumer Privacy Act of 2018 (“CCPA”), and that you have all necessary approvals, licenses, and consents in place to share the Payment Data with CCA and its partners and affiliates, and you further warrant that CCA and its partners and affiliates may use the Payment Data for the purposes outlined herein. In particular, Should you provide CCA and/or its partners and affiliates Payment Data that

includes Personal Data, you warrant that you have a lawful basis for doing so and that you have complied with the transparency requirements set out in applicable data protection legislation. You will indemnify CCA and its partners and affiliates for all and any losses, costs, damages, claims or demands they may suffer or incur as a result of your breach of applicable data protection legislation.

“Payment Data” includes: Customer Account No.; Customer Name; Address; City; State; Zip; Code; Country Code; Company Reg No./VAT No.; Telephone No.; Contact Name; E-mail address; Summary Level (“the Summary Level Data”): Customer Account No.; Total Balance; Current Balance; Balance 1 to 30 Days; Balance 31 to 60 Days; Balance 61 to 90 Days; Balance 91 Days; Currency; Invoice Level (the “Invoice Level Data”): Customer Account No.; Invoice Ref/No; Invoice Type; Invoice Date; Due Date; Paid Date; Invoice Amount; Currency; Compulsory data fields.

Additional Terms and Conditions.

Prohibited Uses: Customer agrees that it will not (and will not permit others) to:

use ‘robots’ ‘spiders,’ ‘web crawlers’ or other automated or robotic devices to scrape, collect or otherwise harvest information of any kind;
intentionally or unintentionally violate any applicable local, state, national or international law or requirement of a regulatory authority;
use or access the Services outside the United States;
perform any action that could result in excessive usage that adversely impacts the performance of the Services for other users;
decompile, reverse engineer, or disassemble the Services;
use the Services to engage in any disparagement, defamation, libel or slander of CCA or any of its members;
use the Services in any way that violates these Terms, policies posted on the CCA website, or codes of conduct provided by CCA.

L. Fees: You will pay the following fees for access to Membership that are displayed upon sign up for membership and agreed upon by means of invoice at time of transaction and following payment.

M. Sales tax: In certain jurisdictions, sales tax at state and local rates may apply, in which case You may be charged the applicable taxes (at the highest local rate in Your state) in addition to the monthly fee and/or price for the Services. The list of taxable states is available on the account registration page. We do not have an online method to claim tax exempt status. If You are tax exempt, You can apply to be exempted from paying sales tax on future purchases. Please email us Your completed and signed “State Sales Tax Exemption Form” to [email protected]. We’ll notify You within 2 business days of Your account status. We cannot refund Your tax on previous purchases. Tax exempt organizations may file for a refund of taxes on previous purchases with Your state, using a receipt from us to show You have paid tax. We cannot assist You in filing these forms with Your state.

N. Waiver: The failure by CCA to require performance of any provision in the Agreement shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by CCA of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself.

O. Venue: These CCA Terms and Conditions will be governed by and construed in accordance with the internal substantive laws of the State of Delaware, USA. The parties agree that the venue for any dispute arising out of the access to, or use by, Customer of any information or data provided by CCA shall be in New Castle, Delaware, whether brought in federal or state court.

P. Trademark: CCA and the CCA products referenced in this site are either trademarks, service marks or registered trademarks of CCA or its affiliates. Other products and company names mentioned herein may be the trademarks of their respective owners. No use of any CCA trademark may be made by You or any third party without express written consent of CCA. Elements of CCA’s Website are protected by trade dress, trademark, unfair competition, patent and other laws and may not be copied in whole or in part.

Q. Copyright in the Services and Website: The Services are the intellectual property of CCA. The Services are protected by copyright pursuant to United States copyright laws, international treaties and other copyright laws. The Services contain copyrighted material, trademarks, databases and other proprietary information of CCA, and others, including, without limitation, CCA’s vendors and data licensee’s which may include, but shall not be limited to: text, software, photos, video, graphics, images, data, text, graphics, logos, button items, icons, images, data compilations, music and sound (collectively, “Proprietary Material”). Customer agrees not to modify, publish, copy, transmit, participate in the transfer, dissemination or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from CCA. Reproduction of any Proprietary Material or other content, in whole or in part, is prohibited without prior written consent.

R. Entire Agreement: These Terms & Conditions, the Privacy Policy, and other terms and policies posted for the Website and Services constitute the entire Agreement between CCA and You in connection with the Services and the Website and supersede any prior versions of the Terms and Conditions, if applicable. The Terms and Conditions are effective until terminated by CCA. In the event of termination, Your obligation to pay for the Services You requested, the provisions the Warranty Disclaimer and Limitation of Liability, and of this Subsection J will survive. Upon termination, Accounts Receivable Information collected related by the CCA for collection will not be returned nor deleted and will remain in possession of the CCA. In the event of a conflict between any other notice, policy, disclaimer or other term contained on the Website, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions unless otherwise restricted by law. The section headings are for convenience only and do not have any force or effect.