Terms and Conditions

Bibby Financial Services (U.S.) Inc. (“Bibby”, “we”, “us”, “our”) welcomes you to its website located at https://www.bibbyusa.com (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website or any services that may be made available through the Website (the “Services”).

By accessing and using the Website or Services, you: (i) represent and warrant to, and covenant with, us that you are the age of majority in your jurisdiction of residence and have the capacity to enter into binding obligations; and (ii) agree to be bound by and comply with these Terms of Use, and Bibby’s Privacy Policy, as updated from time to time. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. If you are accessing or using the Website or Services on behalf of another person or corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Use. A copy of these Terms of Use may be downloaded, saved and printed for your reference.  Use of Services are void where prohibited.  Your use of Services will be terminated, if we believe, in our sole discretion, that you are misusing or misappropriating the Services or engaging in illegal activity.  Your application for Bibby’s funding products or services is subject to a separate agreement that will be provided to you upon your application.

 

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 miotova@bibbyusa.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 miotova@bibbyusa.com. 

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.

 

Linking

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.

Diclaimer / 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.

Certain online services including access to payment, digitization, and invoicing services, and other online services related to the use of Bibby’s products and services are provided by third party service providers. You agree to hold harmless and release Bibby from any liability relating to your use of such online services. Your access to and conditions of use of such third party services may be limited in accordance with the terms of use published by each third party provider. You may be billed by your third party provider(s) for such service(s) and any such fees or costs are independent of Bibby and will be paid by you. To the extent that you are required to provide Bibby with any usernames, passwords, or other credentials required to access any third party services or accounts in connection with the products and services provided by Bibby, you represent and warrant that you have the right to provide said information to Bibby.  

NO ADVICE

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.

Indemnity

You agree to indemnify and hold harmless Bibby, its parent organization, its affiliates, members, officers, directors, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (i) your (or anyone acting under your password or username) use of this Website or Services, connection thereto; (ii) or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.  This indemnification obligation shall survive these Terms of Use and your use of this Website.

Legal Disputes

The validity, interpretation, construction, and performance of these Terms of Use shall be governed by the laws of the State of Georgia and of the laws of the United States applicable therein, without giving effect to its principles of conflict of laws.

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.

 

EXCEPT WHERE PROHIBITED BY LAW, any controversy or claim or dispute arising out of, or relating to these Terms of Use, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules; and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Claims shall be heard by a single arbitrator. The American Arbitration Association will be responsible for selecting an arbitrator which is mutually acceptable to the parties in accordance with the Commercial Arbitration Rules. The arbitrator selected to serve as the sole arbitrator over the proceedings shall be an attorney. The place of arbitration shall be Atlanta, Georgia. The arbitration shall be governed by the laws of the State of Georgia. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY OR AGAINST EITHER PARTY IN CONNECTION WITH THESE TERMS OF USE. You agree that you will not contest venue, and you waive any rights that you may have to initiate, transfer, or change the venue of any litigation arising from or related to these Terms of Use.

Privacy

Please review our Privacy Policy for information on the manner in which we collect, use, disclose and otherwise manage your personal information.

Changes and Termination

Bibby reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice. Further, Bibby reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Bibby to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

Trademarks

“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.

Severability

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any term of this or these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Bibby’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. 

California Finance Lenders License Notice 

Loans will be arranged or made pursuant to Department of Corporation California Finance Lenders License, as applicable. 

Entire Agreement

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Bibby with respect to the use of the Website, including the Content. In the event of a conflict between these Terms of Use and your Loan and Security Agreement, Master Purchase and Sale Agreement or any other terms and conditions you have agreed to with Bibby, the terms and conditions of your Loan and Security Agreement, Master Purchase and Sale Agreement or other terms and conditions prevail.

Notice 

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

Contact

If you have any questions or comments regarding these Terms of Use please contact us at miotova@bibbyusa.com

Last Update: June 2, 2017