Terms of Use

Terms of Use Applicable to All Visitors to The Receivables Exchange Website

PLEASE REVIEW THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE "SITE"), WHICH IS OWNED AND OPERATED BY THE RECEIVABLES EXCHANGE, LLC.

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.

You may not use the Site and may not accept the Terms of Use if you are a person barred from using services that TRE provides under the laws of any country in which you are resident or from which you use the Services.

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

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, including these Terms of Use but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the 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.

ELECTRONIC COMMUNICATIONS

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:

  1. Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of the exclusive work.

  2. 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.

  3. 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).

  4. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

  5. 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.

  6. A statement that the information in the written notice is accurate.

  7. 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:

Legal Department
The Receivables Exchange
935 Gravier Street
Suite 1200
New Orleans, LA 70112
Phone:  800-658-5880
Email:  memberservices@receivablesxchange.com

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.

PATENTS

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

The laws of the State of Louisiana govern these Terms of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the Parish of New Orleans for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Louisiana and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and you should not use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

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 NO EVENT WILL THE TRE PARTIES BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE), EVEN IF THE TRE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERV ICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. TRE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE THAT, IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, THE TRE PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify and hold harmless the TRE Parties from and against any and all claims, losses, expenses, demands or liability, including attorney's fees and costs, incurred by the TRE Parties in connection with any claim (including any intellectual property claim) arising out of your violation of these Terms of Use, applicable state or federal law, or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary, party confidentiality or privacy right. You further agree that you will fully cooperate in the defense of any such claims. Each of the TRE Parties reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such claim or matter without TRE's written consent.

Privacy

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.

PERPETUITY RIGHTS

When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and TRE have benefited from, been subject to (or which have accrued over time whilst the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.

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.

TRE's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TRE right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TRE with respect to such use. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. In all events, if any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect Unless otherwise specified herein, the Terms of Use constitutes the entire agreement between the user and TRE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TRE with respect to the Site; however, any conflicting terms that are set forth in a legal agreement with you that has been executed by TRE shall control. A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Terms of Use and all related documents be drawn up in English and the English language meaning of the Terms of Use will govern your relationship with TRE.

Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. All rights not expressly granted herein are hereby reserved. Headings are for referenced purposes only and in no way define, limit, construe or describe the scope or extent of any section.

CONTACTING US ABOUT TERMS OF USE

If you have questions about the Terms of Use or the practices of TRE, please contact us at The Receivables Exchange, LLC; Attn: Legal Department, 935 Gravier Street, 12th Floor, New Orleans, LA 70112.