In consideration of the terms and conditions set forth herein, Southwest Business Credit Services (SWBCS) and (Customer) agree as follows: Customer, its agents, successors and assigns, agree to abide by the policies, rules and regulations of SWBCS. This Agreement shall become effective when accepted and approved and shall be for a period of one year to be renewed automatically thereafter from year to year unless written notice of cancellation is given at least 30 days in advance of the annual renewal date. Prices are subject to change by SWBCS. Any fees paid in advance are not refundable. Pricing upon renewal will be at prevailing rates. Customer agrees to use all information received under this Agreement only for legitimate business credit management purposes. Customer understands the confidential nature of the information SWBCS may provide and acknowledges that this Agreement and services hereunder may be cancelled for misuse of any credit information received from any SWBCS related source. It is not to be used for sales prospecting and it should not be communicated to any report subject, or any other party. All such information shall be maintained by Customer in strict confidence and disclosed only to company employees whose duties relate to legitimate business credit management purposes. Customer will not resell any information received to any other entity. Customer warrants that the use of all products and services received from SWBCS shall comply with all applicable federal, state and local laws, including the Fair Credit Reporting Act. Except as required by law or allowed under this agreement, Customer will not divulge, sell or otherwise distribute to any entity any information received from SWBCS. It is understood that the accuracy of the information furnished by SWBCS is not guaranteed. The information is gathered in good faith and sent to Customer as a confidential communication without liability in procuring, collecting or transcribing, communicating or failing to communicate the information gathered. In no event will SWBCS be liable for any direct, incidental or consequential damages however arising. Customer shall indemnify, defend and hold SWBCS and any third party harmless from and against any and all costs and liabilities that may arise as a result of the improper use, publishing or disclosure by Customer, its employees or agents of information furnished by SWBCS. SWBCS may amend this agreement from time to time. Such amendments shall be effective upon written notice to Customer. All obligations of Customer hereunder shall survive the termination of this Agreement. It is understood that additional services may be purchased from SWBCS, and these services will be charged to Customer’s account monthly. Services will be billed at current prices, and are due upon receipt of invoice or statement. Customer agrees to pay all reasonable collection fees, attorney's fees and court costs SWBCS may incur. The Customer agrees to waive venue in the event of legal action to enforce this agreement and consents to SWBCS bringing such action in Maricopa County, Arizona. Customer acknowledges receiving a statement describing the services available to Customers and current price schedules. Customer understands and acknowledges that by providing its mailing address, e?mail address, telephone and fax numbers that consent is given to receive communications by any of these mediums from SWBCS. This Agreement encompasses the entire agreement and any changes must be made in writing, signed and mutually agreed to by the respective parties. General Terms and Conditions Contribution of Data SWBCS offers data contributors discounted pricing. The prices charged to Customer for services hereunder are therefore subject to Customer’s status as a data contributor or non?contributor in accordance with the price schedules then in effect. If Customer agrees to contribute a complete report of their total accounts receivable information (the data) at least monthly to SWBCS, Customer shall qualify as a data contributor. The data must be submitted within two (2 ) weeks of the signing of this contract and continue on a monthly basis thereafter or non?contributor prices may go into effect immediately. Customer agrees to verify contributed data for accuracy at the request of SWBCS. The contributed data may be used by SWBCS for any legitimate business credit reporting purpose. If Customer agrees to regularly furnish accounts receivable data, SWBCS agrees to receive such data under these terms and conditions: Electronic or other media furnished by Customer will be used for SWBCS's business credit information reporting purposes which include, but may not be limited to, establishing, maintaining, or updating records of credit information with respect to those subjects whose account and ledger histories are reflected in such media. Customer acknowledges that the information contained in such media will be integrated into SWBCS's system of master records. SWBCS will not sell, give, loan or otherwise furnish to anyone, other than legitimate credit reporting agencies, such media or lists of names subjects and other information contained therein, without the written approval of Customer. Customer will use its best efforts to furnish accurate and reliable information to SWBCS. SWBCS will provide adequate security measures to insure that only authorized personnel will have access to Customer’s media. Use of Consumer Credit Information Customer certifies it will request and use any consumer credit information solely in connection with the extension of business credit involving proprietors, partners and personal guarantors, and will not request or use such information for purposes prohibited by any provision of Public Law 91? 508 known as the Fair Credit Reporting Act, or any other applicable laws. Customer agrees that it will obtain the prior signed authorization of any consumer upon whom Customer requests any form of consumer credit information. Customer agrees not to disclose credit information received from SWBCS under any circumstances to the subject of the consumer credit report or any other unauthorized party. Customer agrees to hold all consumer credit information in strict confidence. SWBCS reserves the right to refuse to provide Customer with consumer credit information at its sole discretion.