Please read all of the following terms and conditions of use (“Terms of Use”), which govern your access and use of this website and related sites, as well as the products, and services provided by Abrigo (collectively, “Products”). By continuing to access or use the Products, you signify your acceptance of these Terms of Use. You also hereby acknowledge that you have read and understand the Privacy Policy linked below and consent to Abrigo’s collection and use of your personal information as set out therein. If you do not agree to the Terms of Use or Privacy Policy, you may not access or use the Products at any time. These Terms of Use are in addition to the specific terms and conditions that may apply to the Products provided by Abrigo to you.
I. USE OF THE PRODUCTS AND SERVICES
Abrigo’s Products should not be used for the following purposes without review by financial professionals:
• Loan Decisions – Abrigo provides objective, quantifiable ratios and can make loan approval recommendations based on rules established by the institution. However, you should use Abrigo in conjunction with review by experienced analysts who understand credit risk at the institution.
• Major Capital Purchase Decisions – Before adding fixed assets to a company, the principals of the company should give the investment serious consideration. Abrigo is only one solution that you or the principals of the company can use in combination with other analytical tools and the advice of competent professionals such as accountants and bankers.
• Investment Decisions – While Abrigo can be helpful as part of an investment decision, you should not rely solely on Abrigo (or any expert system) for making an investment decision. Please do not do so – use our reports in conjunction with other investment advice, information, and tools. Users may only use Abrigo Products in combination with the advice of competent legal and financial professionals. Neither Abrigo nor any of its affiliates is responsible for the output of any Abrigo Product if:
• The output is modified by any outside party; or
• Users rely on Abrigo as their primary source of advice regarding business decisions.
2. CUSTOMER DATA
a. Privacy Policy. A copy of our Privacy Policy which describes the data we collect and the purposes for which it is used, is available here: Privacy Policy - Abrigo
b. Subprocessors. We use subprocessors to assist in providing the Abrigo Products as described in the Master Services Agreement. A subprocessor is a third-party data processor engaged by Abrigo who has or potentially could have access to or process data on behalf of a customer. Subprocessors may perform activities including but not limited to: software coding and code testing; quality assurance activities and production, operational and engineering support.
A list of Abrigo’s subprocessors can be found here: Abrigo+Subprocessors+List.pdf
c. Credit Card Data. Abrigo makes no claim and is not responsible for compliance with the Payment Card Industry Data Security Standard (PCI DSS) and/or the protection of credit card data.
d. Data Destruction. Abrigo will use commercially reasonable data destruction methods to dispose of data and information that a User enters into a Product or that a User otherwise provides to Abrigo. Even if not requested by a customer, Abrigo may dispose of that customer’s data in our system once the applicable purchase order to which the data relates expires or terminates.
3. eConsents
Users represent and warrant that (i) they own or otherwise have and will have all necessary rights, consents, permissions and authority to provide all data and information provided by or on behalf of the User to Abrigo and to permit Abrigo to use and otherwise process such data and information to provide the purchased products and services to User, and (ii) that such data and information does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, or any privacy or other rights of any third party, and the use of such data and information by Abrigo to provide the purchased products and services to User will not violate any applicable law. If a User breaches the foregoing representation and warranty, Abrigo may, as a non-exclusive remedy, delete or otherwise remove any or all User’s related data and information from the Abrigo system. The User must indemnify, hold harmless and, at Abrigo’s option, defend Abrigo from and against any and all losses, damages, expenses and liabilities (including reasonable attorneys’ fees and expenses) incurred as a result of the User’s breach of this representation and warranty.
4. INTELLECTUAL PROPERTY
Abrigo, the Abrigo logo, and the names and content of the Products (collectively, “Abrigo IP”) are protected by trademarks, service marks, registered trademarks, copyrights, and/or other proprietary rights under U.S. copyright and other laws and treaties. Abrigo IP may not be used without the prior written approval of Abrigo. 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 to utilize any such online report, no license or other rights are hereby granted with respect to Abrigo IP, and any and all such rights therein shall be reserved solely to Abrigo. Any attempt to copy, reverse engineer, or otherwise replicate Abrigo IP or obtain the source code thereof, and any infringement, misappropriation, or other violation of the rights of Abrigo in Abrigo IP under applicable patent, copyright, trademark, and other laws, is specifically prohibited. Customers hereby acknowledge that Abrigo has a patent on its technology for producing narrative financial analysis reports, agree not to run reports as a basis for reverse engineering this patented technology and also agree not to compete with similar technology in any of the markets in which Abrigo competes.
5. AI OFFERINGS
Any use of Products and services that have capabilities enabled by Artificial Intelligence (“AI) is governed by these terms: AI Addendum
6. MODIFICATIONS TO THESE TERMS OF USE
Abrigo reserves the right to amend, remove, or add to the Terms of Use at any time without notice. Such modifications shall be effective immediately upon posting. Users agree to review these Terms of Use regularly for changes. Continued access or use of the Products after modifications have been made will constitute user acceptance of the Terms of Use, as modified.
CONTACT INFORMATION
For information regarding these Terms of Use, please contact:
Abrigo, Inc.
5444 Wade Park Blvd.
Suite 400
Raleigh, NC 27607
Phone: (833) 422-7446
Email: [email protected]
Banker’s Toolbox, Inc., d/b/a Abrigo, Inc., a California corporation