This analysis describes what Equifax's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The indemnification obligation is triggered by the user's ordinary use of the site or any Product, not only by breach, which broadens the scope of the user's financial exposure.
Interpretive note: The clause name references infringement, but the quoted excerpt does not explicitly include it; only breach and use are quoted. The canonical claim is grounded solely in the quoted language.
The reader bears financial responsibility for actual loss, costs, liabilities, and attorneys' fees incurred by Equifax or affiliated persons that result from the reader's breach of the Agreement or their use of the site or any Product.
How other platforms handle this
Without affecting either party's termination rights and to the extent permitted by applicable law, this Section 14 states the parties' sole and exclusive remedy under the Agreement for any Allegations of Intellectual Property Rights infringement covered by this Section 14.
To the extent permitted by applicable law, this Section 13 (Indemnification) states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement...
In response to an actual or potential Infringement Claim, Atlassian may, at its option: (a) procure rights for Customer's continued use of the Products, (b) replace or modify the alleged infringing portion...or (c) terminate the affected Subscription Term...
"You will indemnify and hold Us and the Affiliated Persons harmless from and against actual loss, costs, liabilities and expenses (including reasonable attorneys' fees) resulting from Your breach of this Agreement, Your use of this Site or any Product...Excerpt from Equifax's Terms of Use
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The indemnification obligation is triggered by the user's ordinary use of the site or any Product, not only by breach, which broadens the scope of the user's financial exposure.
The reader bears financial responsibility for actual loss, costs, liabilities, and attorneys' fees incurred by Equifax or affiliated persons that result from the reader's breach of the Agreement or their use of the site or any Product.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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