Intellectual Property/Restrictions On Use/ Download Rights
The Website and Services are owned and operated by Bibby. The content of this Website is provided for your information and to facilitate your commercial relationship with us. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website, collectively, make up the “Content” contained in this Website. References to “Website” and “Content” are to this Website and the contents of this Website.
This Website including the Content is protected by copyright. The Content may include content owned and controlled by third parties and licensed to the Company. To the best of our knowledge, Bibby uses only Content that it owns or has been permitted to use by the intellectual property right owners. The Content is protected by United States, Canadian, and international copyright and trademark laws. All individual articles, reports and other elements making up this Website may be copyrighted works. You agree to abide by all additional copyright notices or restrictions contained on this Website. You have no ownership rights or licenses in any of our trading names, trademarks or in the Content except for the right to use this Website and to download the Content in accordance with these terms. You agree to email us at email@example.com as soon as you become aware of any unauthorized use of this Website by anybody, or of any claim that this Website or any of the Contents infringe any copyright or other rights of any other party.
Bibby reserves all rights not expressly granted in and to the Website, Services, and Content. You acquire no rights or licenses in or to the Website and/or the Content other than the limited right to use the Website in accordance with these terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, sell, display, perform, modify, upload to create derivative works from, transmit or in any other way exploit any part of the Website or the Contents. Downloading is permitted by us provided only that it is to a single personal computer and:
1. you make no more than one printed copy of such download and no further copies of such printed copy are made;
2. you make only personal, non-commercial, use of such download and/or printed copy; and
3. you retain on such download and/or printed copy all copyright and proprietary notices contained in such Content, cite to the URL sources of such Content, and remain bound by the terms of such wording and notices.
Additionally you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part of the Content.
You may not use the Website or the Contents to construct a database of any kind nor may you store the Website (in its entirety or in any part) in databases for access by you or any third party or distribute any database websites containing all or part of the Website.
If you want to obtain our permission to use any of the Content other than as described in these terms then please contact firstname.lastname@example.org.
Registration and Passwords
Certain portions of the Website or the Services may only be accessible to existing clients. In order to access these areas of the Website, you may be asked to complete an online registration form. In consideration for your use of this Website and the Services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website or the Services may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Access to your online account may require you to select a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website or the Services under such password or username. You agree to immediately notify Bibby of any unauthorized use of your password or username or any other breach of security. You may be liable to Bibby for the losses resulting from such unauthorized use.
It is our goal to provide increased value to visitors to the Website. Therefore, the Website or Service might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Bibby and that Bibby has no control over the content of such websites. Consequently, Bibby cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites. You relieve Bibby from any and all liability arising from your use of any third party website.
The links which we might place on our Website or the Services do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
User Code of Conduct
As a condition of your continued access to and use of this Website or the Services, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:
a) upload, post, e-mail or otherwise transmit any material that:
i. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial electronic message or solicitation;
ii. infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
iii. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison; or
iv. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
b) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website or Services, including e-mail addresses, without the express consent of such users;
c) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website or Services;
d) attempt to gain unauthorized access to the Website or Services, other computer systems or networks connected to the Website, through password mining or any other means;
e) interfere with or disrupt networks or servers connected to the Website or Services or violate the regulations, policies or procedures of such networks; and
f) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website or Services.
Disclaimer / Limitation of Liability
Although we strive to update and keep accurate as much as possible the Content contained on the Website or Services, errors and/or omissions may occur and we cannot guarantee it is accurate and complete at all times.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. BIBBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BIBBY DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.
IN NO EVENT SHALL BIBBY, ITS AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH (I) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT OR SERVICES, EVEN IF BIBBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION, INCLUDING PERSONAL INFORMATION, STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) ANY BUGS, VIRSUSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE INFORMATION, SERVICES AND CONTENT FOUND ON THIS WEBSITE IS PROVIDED SOLELY FOR INFORMATION PURPOSES AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION OR AS FINANCIAL, LEGAL, BUSINESS, TAX, INVESTMENT, PROFESSIONAL OR EXPERT ADVICE. BIBBY MAKES NO REPRESENTATION, WARRANTY OR CONDITION AS TO THE SUCCESS OF ANY FINANCIAL OPPORTUNITY PUBLISHED ON THE WEBSITE. THE USE OF THE WEBSITE DOES NOT REPLACE CONSULTATIONS WITH A QUALIFIED PROFESSIONAL. We recommend that you consult with your own professional advisors to determine how any information, services or contents made available on this Website apply to your specific situation.
EXCEPT WHERE PROHIBITED BY LAW, YOU AND BIBBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Changes and Termination
“Bibby” is a trademark of Bibby. Other marks, graphics, typefaces, trademarks and logos appearing on the Website and the Services are trademarks or trade dress of Bibby. All other trademarks appearing on the Website and the Services are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
California Finance Lenders License Notice
Loans will be arranged or made pursuant to Department of Corporation California Finance Lenders License, as applicable.