The Site is comprised of various Web pages operated by The Receivables Exchange, LLC ("TRE", "we", "our" or "us"). The "Site" shall be defined herein to include receivablesxchange.com and all other Web pages operated exclusively by TRE ("Services").
The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.
TRE reserves the right to disclose aggregated information to the larger public or media or more specific data that you separately and specifically agree that we can share.
BY USING THIS SITE, YOU INDICATE YOUR BINDING AGREEMENT TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE
CONDUCT ON THE SITE
Some features that may be available on this Site require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.
Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify TRE immediately. TRE may assume that any communications TRE receives under your password have been made by you unless TRE receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, "Receivables Exchange", "TRE", "ReceivablesXchange", "Liquidity Matters", "New Orleans Exchange" and "NOE". You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without TRE's express written consent. Further, you may not utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without TRE's express written consent.
When you visit the Site or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications must be in writing.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities (collectively, "Communication Services") designed to enable you to communicate with the public at large or with a group. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Advertise or offer to sell or buy any goods or services for any business purpose;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- Violate any applicable laws or regulations.
TRE has no obligation to monitor the Communication Services. However, TRE reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
Always use caution when giving out any personally identifying information about yourself, your company or your children in any Communication Service. TRE does not control or endorse the content, messages or information found in any Communication Service and, therefore, TRE specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. TRE Members are not authorized TRE spokespersons, and their views do not necessarily reflect those of TRE.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
SUBMISSIONS TO THE SITE
All remarks, discussions, ideas, concepts, techniques, graphics or other submissions communicated to TRE through the Site (collectively "Submission") will be deemed and remain the property of TRE, and TRE is entitled to any Submission without restriction or compensation. TRE will not be subject to any obligation of confidentiality regarding any Submission except as expressly agreed by TRE or as otherwise required by applicable law or TRE's Privacy Statement. TRE is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TRE's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to provide TRE with the rights described above.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to TRE that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices or that could give rise to any civil or criminal liability. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Your eligibility for particular products or services is subject to final determination by TRE.
MARKETING/LINKS TO OTHER WEB SITES
By using the Site, you agree that we may market our services and the services of other companies on the Site through the use of banner ads, "hyper-links" and other similar marketing devices ("Linked Sites"). Linked Sites are provided as a convenience only, and TRE does not endorse or guarantee products or services provided by the Linked Sites. The Linked Sites are not under the control of TRE, and TRE is not responsible or liable for your access of the Linked Sites, or for the content of the Linked Sites, including without limitation, any services, benefits, or products received through or offered by the Linked Site or by links to any sites accessed through the Linked Site. TRE is not responsible for webcasting or any other form of transmission received from any Linked Site. . It is up to you to take precautions to ensure that whatever you select is free of viruses, worms, Trojan horses and other destructive items.
MONITORING THE SITE
YOU ACKNOWLEDGE AND AGREE THAT TRE HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR THE SITE ELECTRONICALLY FROM TIME TO TIME AND TO DISCLOSE ANY INFORMATION AS NECESSARY OR APPROPRIATE TO SATISFY ANY LAW, REGULATION OR OTHER GOVERNMENTAL REQUEST, TO OPERATE THE SITE, OR TO PROTECT ITSELF OR OTHER USERS OF THE SITE.
TRADEMARKS AND COPYRIGHTS; CONTENT
Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of TRE and The New Orleans Exchange, Inc., their licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein. TRE reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is the property of TRE, its licensors or content providers, and protected as a compilation under the copyright laws of the United States and other countries.
COPYRIGHT INFRINGEMENT: NOTICE AND PROCEDURE FOR REPORTING CLAIMS
We respect the intellectual property of others, and we ask you and all of our Website users, affiliates, licensors and suppliers to do the same. We take claims of copyright infringement seriously, and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") are your copyrighted work and have been used in a way such that it constitutes copyright infringement, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of the exclusive work.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing and that is to be removed, and information reasonably sufficiently and precise to allow us to locate that material (including the specific web page address on the Website).
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
The Receivables Exchange
935 Gravier Street
New Orleans, LA 70112
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Technologies and processes used by or referenced in this Site are the subject of one or more TRE patents and other patents that are pending.
JURISDICTION AND APPLICABLE LAW
LIMITATION OF LIABILITIES AND WARRANTIES
NEITHER TRE NOR ANY OF ITS AFFILIATES, PROVIDERS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "TRE PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT, AND TRE DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THE TRE PARTIES MAKE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
TRE MAY DISCONTINUE OR CHANGE THE CONTENT AND SITE AT ANY TIME WITHOUT ANY PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE TRE PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. TRE RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THIS SITE.
In order to understand our privacy practices and policies, please review our Privacy Statement, which also governs your use of the Site.
TERMINATION/ACCESS RESTRICTION; DISPUTE RESOLUTION
TRE reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
GENERAL LEGAL TERMS
The Terms constitute the whole legal agreement between you and TRE and govern your use of the Services (but excluding any services which TRE may provide to you under a separate written agreement), and completely replace any prior agreements between you and TRE in relation to the Services.
You agree that TRE may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if TRE does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TRE has the benefit of under any applicable law), this will not be taken to be a formal waiver of TRE's rights and that those rights or remedies will still be available to TRE.
You agree that you will notify TRE in writing of any claim or dispute concerning or relating to the Site and information or services provided through it, and give TRE a reasonable period of time to address it before bringing any legal action against TRE. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TRE as a result of this agreement or use of the Site.