Limitation of Liability Including Direct and Consequential Damages

What it is

D&B says it is not responsible for any financial losses, lost data, or business harm you experience as a result of using its site or relying on its information, and your only remedy if something goes wrong is to stop using the site.

Why it matters (compliance & governance perspective)

This clause attempts to eliminate virtually all financial liability for D&B, including for direct damages, which is broader than many standard limitation-of-liability clauses that cap but do not eliminate direct damages; applicable law in some jurisdictions may limit the enforceability of this provision.

Consumer impact (what this means for users)

If you suffer financial harm, lost business, or data loss as a result of relying on D&B's services or data, these terms assert you have no right to compensation from D&B and your only option is to stop using the site; the practical enforceability of this broad exclusion, particularly for direct damages, may vary by jurisdiction and specific circumstances.

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: The exclusion of direct damages is atypical in commercial contracts and may face enforceability challenges under the Uniform Commercial Code and common law unconscionability doctrine, particularly in B2B contexts where the parties are of unequal bargaining power. Where D&B's data is subject to FCRA accuracy requirements, statutory liability provisions may override contractual exclusions, as FCRA provides for actual damages, statutory damages, and attorney's fees for willful or negligent violations. The FTC Act and state consumer protection statutes may also constrain the enforceability of provisions that attempt to eliminate liability for deceptive or unfair practices. GOVERNANCE EXPOSURE: High for enterprise customers. The attempt to exclude liability for direct damages, not just consequential damages, represents a more aggressive limitation than is standard in commercial data service agreements and may not be enforceable as written in all jurisdictions. The framing of discontinuation of use as the sole remedy is particularly notable given that D&B's data products are often central to business operations. JURISDICTION FLAGS: EU consumer protection directives and UK consumer rights legislation may render such exclusions unenforceable against consumers. California's Consumers Legal Remedies Act and other state statutes may limit liability exclusions in consumer-facing contexts. Courts in multiple US jurisdictions have declined to enforce direct damage exclusions where they find the clause unconscionable or contrary to public policy. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should ensure that their separately negotiated product agreements with D&B contain appropriate liability caps and carve-outs that provide more commercially reasonable protections than these website terms. Procurement teams should not rely on these terms as a baseline for liability allocation in commercial relationships. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the liability exclusion interacts with statutory rights under FCRA, CCPA, or other applicable frameworks that preserve consumer or business remedies regardless of contractual waiver. Insurance and risk management teams should account for the absence of contractual recourse from D&B when evaluating exposure from data-driven business decisions.

Applicable agencies

Applicable regulations

Provision details

Other risks in this policy

• Perpetual Content License Including Name and Likeness medium
• Cross-Border Personal Data Transfer Consent medium
• Account Termination Without Notice and Re-Registration Bar high
• Comprehensive Disclaimer of Warranties on Data Accuracy medium
• Broad Use Restrictions on D&B Data Including Credit and Employment Use medium
• User Indemnification for Posted Content medium