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Terms Applicable to OFAC Alert

Client agrees to hold Agility Credit harmless for any liability or responsibility as to the accuracy and/or subsequent usage of the information returned. OFAC Alert is based on information that was not collected, in whole or in part, for the purpose of serving as a factor in establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes; employment purposes, or any other purpose authorized under the FCRA. Accordingly, Client will not use an OFAC Alert indicator as part of its decision-making process for determining the consumer’s eligibility for any extension of credit or any other FCRA permissible purpose. A match does not necessarily indicate that the consumer about whom Client inquired is the same person referenced by OFAC. Client acknowledges that such an indicator is merely a message that the consumer or business name may match or partially match a name listed on one or more U.S. government-maintained lists of persons subject to economic sanctions, and Client should contact the appropriate government agency for confirmation and instructions. Client agrees that any action taken by Client regarding a consumer must be taken based on Client’s complete investigation of the consumer and not based solely on the OFAC information. The OFAC Alert indicator may or may not pertain to the individual referenced in your inquiry.