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B.
<br />C.
<br />Credit Scoring. ONLINE’s Credit Scoring Vendors warrant that these Credit Scoring Models are empirically
<br />derived and demonstrably and statistically sound and that to the extent the population to which the Credit
<br />Scoring Model is applied is similar to the population sample on which the Credit Scoring Model was developed,
<br />the Credit Scoring Model score may be relied upon by Subscriber to rank consumers in the order of the risk of
<br />unsatisfactory payment such consumers might present to Subscriber. ONLINE’s Credit Scoring Vendors further
<br />warrant that so long as they provide the Credit Scoring Model, they will comply with regulations promulgated
<br />from time to time pursuant to the Equal Credit Opportunity Act, 15 USC Section 1691 et seq. THE
<br />FOREGOING WARRANTIES ARE THE ONLY WARRANTIES ONLINE’S CREDIT SCORING VENDORS HAVE
<br />GIVEN SUBSCRIBER WITH RESPECT TO THEIR CREDIT SCORING MODEL AND SUCH WARRANTIES
<br />ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ONLINE’S CREDIT SCORING
<br />VENDORS MIGHT HAVE GIVEN SUBSCRIBER WITH RESPECT THERETO, INCLUDING, FOR EXAMPLE,
<br />WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Subscriber’s rights
<br />under the foregoing Warranty are expressly conditioned upon Subscriber ’s periodic revalidation of the Credit
<br />Scoring Model in compliance with the requirements of Regulation B as it may be amended from time to time (12
<br />CFR Section 202 et seq.). ONLINE shall not be deemed to have made (nor shall ONLINE be liable or
<br />responsible for in any respect for the application or enforcement of) any warranty set forth in this Section 9.B.
<br />Criminal and Eviction Reports. With respect to criminal and eviction reports available from ONLINE, neither
<br />ONLINE nor any division thereof nor any of its employees or officers or directors, makes any warranty,
<br />expressed or implied, including warranties of merchantability and fitness for a particular purpose or assumes
<br />any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product, or
<br />process disclosed, or represents that its use would not infringe on privately owned rights. Subscriber hereby
<br />acknowledges that ONLINE does not create or maintain these records or information, and that ONLINE relies on
<br />third party sources including, but not limited to, data providers, state departments, state repositories,
<br />correctional institutions, the courts and other information sources. Subscriber understands ONLINE is not
<br />responsible for the content or accuracy of such records or information and ONLINE suggests that these
<br />searches should only be used as a preliminary inquiry. The records obtained from these searches must be used
<br />in complete compliance with the Fair Credit Reporting Act, Fair Housing Laws, and any other state or federal
<br />laws governing the use of public records. Although every effort is made to assure the accuracy of the
<br />information contained in these reports the Subscriber releases, indemnifies and holds harmless ONLINE to the
<br />fullest extent allowed by law with respect to Subscriber’s receipt and/or use for any reason, of any information
<br />provided by ONLINE. Subscriber acknowledges that data entry errors or incomplete records may result in the
<br />return of incorrect results. ONLINE cannot offer legal advice on how to use the information contained in these
<br />reports and is not responsible for any action taken by Subscriber based on this information.
<br />14.Limitation of Liability.Subscriber acknowledges that ONLINE maintains a database, updated on a periodic basis,
<br />from which Subscriber solicits information, and that ONLINE does not undertake a separate investigation for each
<br />inquiry or request for Services made by Subscriber.Subscriber also acknowledges that ONLINE provides Subscriber
<br />access to national consumer reporting agencies and various products and services available to Subscriber from these
<br />repositories through ONLINE. With regard to limitation of liability, any mention of ONLINE shall also apply to Experian,
<br />Trans Union, Equifax, LexisNexis, Core Logic, Rapid Courts, and Background Data (Data Providers). Subscriber also
<br />acknowledges that the prices ONLINE charges Subscriber for the Services are based upon ONLINE’s expectation that
<br />the risk of any loss or injury that may be incurred by use of the Services will be borne by Subscriber and not
<br />ONLINE.Subscriber therefore agrees that it is responsible for determining that the Services are in accordance with
<br />ONLINE’s obligations under this Agreement.If Subscriber reasonably determines that the Services do not meet
<br />ONLINE’s obligations under this Agreement, Subscriber shall so notify ONLINE in writing within ten (10) days after
<br />receipt of the Services in question.Subscriber’s failure to so notify ONLINE shall mean that Subscriber accepts the
<br />Services as is, and ONLINE shall have no liability whatsoever for the Services.Unless ONLINE disputes Subscriber ’s
<br />claim, ONLINE shall, at its option, either re-perform the Services in question or issue Subscriber a credit for the
<br />amount Subscriber paid for the nonconforming Services.This re-performance or credit constitutes Subscriber ’s sole
<br />remedy and ONLINE’s maximum liability for any breach of this Agreement by ONLINE.If, notwithstanding the above,
<br />liability is imposed on ONLINE, then Subscriber agrees that ONLINE’s total liability for any or all of Subscriber’s losses
<br />or injuries from ONLINE’s acts or omissions under this Agreement, regardless of the nature of the legal or equitable
<br />right claimed to have been violated,
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<br />DocuSign Envelope ID: ED55B3D5-BAD0-45B4-977B-F09C4091C16A
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