Uberbc.com, a website designed to provide you information and access to the services provided by Uber Business Capital LLC (“UBC”) and all associated mobile device applications, and other elements thereof, and all code incorporated therein (collectively, the “UBC Site”), including all products, services, features, content, promotions and other offerings, its affiliates and subsidiaries operated by UBC (“we”, “us”, “our”, or “UBC”).
Acknowledgment and Acceptance of Terms
Please read these Terms carefully, as they may have changed since your last visit to the UBC Site. UBC reserves the right, in its sole discretion, to modify or change these Terms at any time without prior notice to you. We may amend these Terms at any time by posting a revised version on the UBC Site, which will be effective at the time of posting. You are responsible for reviewing these Terms regularly and your continued access to and use of the UBC Site constitutes your consent to such amendments. These Terms will remain in effect after termination of your use of the UBC Site. If you do not accept these Terms, please do not access and use the UBC Site and/or UBC’s products and services.
The UBC Site is for use by commercial entities only. Individual consumers are not eligible to use the UBC Site. UBC does not sell or offer products for children. If you are under 18, you may not use this site. To be eligible to access and use the UBC Site, you must meet the following criteria and represent and warrant that you: (i) are acting on behalf of a US corporation, limited liability company, partnership, or a similar commercial entity; (ii) are the age of 18 or over; (iii) are not currently prohibited from accessing or using the UBC Site; (iv) have full power and authority to enter into these Terms on behalf of the commercial entity and doing so will not violate any other agreement to which you are a party; (v) will not violate any rights of UBC including, without limitation, intellectual property rights such as copyright or trademark rights; (vi) will not use the UBC Site for any consumer purpose; and (vii) agree to provide at your cost all equipment, software, and Internet and mobile service necessary to access and use the UBC Site.
You may access the UBC Site as a visitor without registering with the UBC Site (“Visitor”). Visitors may view certain public sections of the UBC Site. If you are a representative of a commercial entity who complies with the eligibility criteria described above and hold authority to bind legally such entity, you may register with the UBC Site to become a registered user on behalf of the entity (“User”) to access an existing account, or to submit an online application to obtain accounts receivable funding. Once approved, designated authorized users at your company may access your account using a unique user name and password. It is your responsibility to notify UBC of any access changes or terminations.
Users may access all public sections of the UBC Site available for general viewing and use, subject to additional terms and conditions that may apply. When you register, you create an account that is associated with your username, password, and other identifying information (“UBC Account”).
By registering with the UBC Site, you agree to provide true, accurate, current, and complete information as prompted by the registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, UBC may reject your registration, terminate your right to access and use the UBC Site, and take any and all other actions UBC considers appropriate including, without limitation, contacting law enforcement or applicable regulatory agencies.
You or UBC may at any time, for any or no reason, terminate your UBC Account and your right to access and use the UBC Site upon written notice; however, these Terms shall remain in effect after termination of your UBC Account for any reason.
Notices from a User to UBC should be communicated by an authorized representative in writing by hand-delivery, national overnight delivery service, or electronic transmission established by UBC, however, any legal notice must also be made in writing.
Accessing Your Account
You agree to: (i) keep your username and password secure and confidential; (ii) not permit others to use your UBC Account; (iii) refrain from using other Users’ UBC Accounts; (iv) refrain from selling, trading, or otherwise transferring your UBC Account to another party; (v) refrain from charging anyone for access to any portion of the UBC Site. You agree to accept responsibility for all activities that occur under your account or password.
We have taken reasonable steps to secure your information, though UBC cannot prevent interception of your information. You are responsible to maintain the security and confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. To maximize security of your password, you should choose your password carefully and you should avoid using something that someone may guess easily, such as your own or a family member’s name, birthdate, etc. You should memorize your password and not give it to anyone. You should also change your password frequently. UBC will NEVER ask you for your password. If you believe your password has been compromised or someone has made an unauthorized transaction on your account, change your password immediately and contact UBC.
Security and Identity Authentication
You authorize UBC, directly or through third parties, to make any inquiries we consider necessary to confirm your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, geo-location and/or other identifying information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying the information you submit to us against third-party databases or through other sources. You acknowledge that some of these sources may include methods that are implemented without your knowledge, and some sources may include methods that are performed as you use the UBC Site, such as the use of anti-virus and/or anti-fraud scanning technology.
UBC reserves the right to monitor all network traffic to the UBC Site to identify and, as determined by UBC, block unauthorized attempts or intrusions to upload or change information or cause any damage to the UBC Site in any manner. Anyone accessing the UBC Site consents to such monitoring.
Execution of Instructions
Login IDs and Passwords are under the control of the individual or individuals that you have authorized and designated. The UBC online system has been designed so that it may be operated only upon entry of a valid user name and password combination. UBC will therefore consider any access to the online system through use of valid Login ID’s and Passwords to be duly authorized, and UBC will carry out any instruction given regardless of the identity of the individual who is actually operating the system. You authorize UBC to treat any instruction made on the UBC online system with valid Login IDs and Passwords as if the instructions had been made in writing and signed by the appropriate authorized individual or individuals. UBC records regarding access by Login IDs and Passwords will be conclusive regarding any access to, or action taken through the UBC Online system. You accept responsibility for unauthorized access to the system by your employees, agents, representatives, associates, and/ or by your associated third parties, when made using login credentials assigned to you and your company and affiliates.
Ownership of Materials and Restrictions on Use
The UBC Site includes data, design, text, software, audio, images, photographs, graphics, video, messages, files, software or other materials (collectively, the “UBC Site Content”). The UBC Site Content may include certain materials that may be owned by third parties or may comprise User Data and Content, as described below in the section entitled “User Data and Content.” The UBC Site Content may be subject to terms and conditions in addition to these Terms (“Third Party Terms”).
The UBC Site Content is presented solely for the purpose of providing information. UBC is the sole interpreter of the UBC Site’s intended and acceptable use and purpose. The UBC Site may be reproduced or transmitted only as provided in these Terms or with the express written consent of UBC.
UBC grants permitted Users a revocable, non-transferable, non-exclusive license, with no right to sublicense, to access and view, display, print (in the case of text and graphics) and listen to on the UBC Site Content for the permitted uses and purposes described herein, subject to the following conditions and the specific software license provided below:
(a) You may not modify, reproduce or distribute UBC Site Content.
(b) You may not remove from the UBC Site Content any copyright, trademark, and other proprietary notices.
(c) You must comply with all additional terms and conditions, including, without limitation, Third Party Terms that apply to the UBC Site Content.
Nothing contained on the UBC Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the UBC Site or any UBC Site Content made available on the UBC Site, through the use of framing, “deep linking,” use of a “robot,” “bot,” “spider”, “data mining” or similar automated method, or otherwise, except: (i) as expressly permitted by these Terms; or (ii) with the prior written permission of UBC or such third party that may own the trademark or copyright of the relevant material displayed on the UBC Site. This restriction does not apply to robots, bots, spiders or other similar automated methods to index the public content of the UBC Site for use in connection with leading search engines and Internet directories.
You may not use the UBC Site to:(i) violate any law or engage in transactions that involve any illegal activity or the planning of any illegal activity; (ii) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (iii) interfere with, disrupt or attempt to gain unauthorized access to other accounts on the UBC Site or any other computer network; (iv) disseminate or transmit viruses, worms, Trojan horses, or any other malicious or invasive code or program; or (v) engage in any other activity deemed by UBC to be in conflict with the spirit or intent of the UBC Site.
User Data and Content
Each User is solely responsible for all data, text, software, audio, images, photographs, graphics, video, messages, files, or other materials that are transmitted, posted, processed, distributed, or otherwise made available by such User on or in connection with the UBC Site (“User Data and Content”). Some of our services require you to upload, submit, send and store User Data and Content. When you upload, submit, store, or send content to us, you hereby grant UBC a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute and display the User Data and Content in any manner and for any purpose. You represent and warrant that you have sufficient rights in the User Data and Content to grant such license and make such submission.
You agree to submit User Data and Content for only those purposes permitted by UBC and not to infringe in any way or violate any copyright, intellectual property right of any third party or violate any law. You also agree that you are not permitted to submit or otherwise transmit any User Data and Content that contains a virus or other harmful code or device. You may not use the UBC Site to transmit or otherwise facilitate the transmission of spam or other multiple mailings.
UBC Site Content
You acknowledge that UBC is not responsible for User Data and Content submitted to the UBC Site by Users. Although UBC does not review, monitor or edit the User Data and Content, UBC and its designees reserve the right at their sole discretion, but are not obligated, to refuse or remove any User Data and Content, in whole or part, for any reason. UBC is not responsible for any removal of User Data and Content or failure or delay in removing User Data and Content.
By using the UBC Site you understand and agree that you may be exposed to User Data and Content posted by other Users that you may find to be inaccurate, offensive, indecent or objectionable in some way. Under no circumstances will UBC be liable in any way for any User Data and Content including, but not limited to, liability for any errors or omissions in any User Data and Content or for any loss or damage of any kind incurred as a result of the use of any User Data and Content posted, emailed or otherwise transmitted via the UBC Site.
Modifications to the UBC Site
UBC reserves the right at all times to modify or discontinue, temporarily or permanently, the UBC Site or any part of the UBC Site, with or without notice and without cost. Furthermore, the UBC Site may become unavailable due to suspension of the Internet, or maintenance or malfunction of computer equipment or other reasons. You agree that UBC will not be liable to you or to any third party for any modification, suspension, malfunction, or discontinuance of the UBC Site.
By using the UBC Site, you agree to defend, indemnify and hold UBC and its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) access, use or misuse of the UBC Site including, without limitation, the uploading, posting, publishing, emailing, reproduction, distribution, or transmission of any UBC Site Content (including, without limitation, all User Data and Content) or other materials by you, your agents, representatives, officers, contractors, or employees; (ii) any products or services made available by you, your agents, representatives, officers, contractors, or employees, or any dispute between you and any other User or third party; (iii) actual or alleged breach of these Terms by you, your agents, representatives, officers, contractors, or employees; or (iv) acts or omissions by you, your agents, representatives, officers, or employees, including, without limitation, those resulting in injuries and property damage. UBC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with UBC in asserting any available defense.
Linked Third-Party Sites
Legal Compliance and Prohibited Use
You are prohibited from using the UBC Site in any manner that would violate any law, rule, or regulation in any jurisdiction. Some parts of this website may require authorization for access. Unauthorized access to these areas is prohibited and may result in criminal and civil prosecution. We may view, monitor and record any such attempts to access unauthorized areas and may provide such information as necessary to law enforcement personnel. You agree to immediately notify UBC of any unauthorized use of the UBC Site of which you know or suspect. You agree that any violation of these Terms may result in termination of your registration, includin1g, without limitation, your privileges as a User on the UBC Site, and legal action may also be taken against you.
UBC prohibits the harvesting or collection of the e-mail addresses of UBC employees and representatives from the UBC Site to be used in violation of the CAN-SPAM act. UBC reserves the right to take all legal actions available, including civil and criminal prosecution, to prevent violation of these Terms.
Disclaimer of Warranties
UBC SITE CONTENT INCLUDING, WITHOUT LIMITATION, ALL USER CONTENT, AND THE???? ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, UBC DOES NOT WARRANT THAT: (i) THE UBC SITE CONTENT AND/OR ANY USER DATA AND CONTENT IS CORRECT, ACCURATE, RELIABLE, OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE UBC SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THE UBC SITE OR THE SERVER(S) THAT MAKE EACH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS SUCH AS MALWARE. UBC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE UBC SITE CONTENT INCLUDING, WITHOUT LIMITATION, ALL USER DATA AND CONTENT PROVIDED ON THE UBC SITE, AND UBC DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES SHALL UBC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE UBC SITE, THE UBC SITE CONTENT (INCLUDING, WITHOUT LIMITATION, THE USER DATA AND CONTENT), EVEN IF UBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL UBC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE UBC SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO UBC DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR, IF GREATER, THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW.
Copyrights and Copyright Agent
All content, including trade dress on this Site is the copyrighted property of UBC or its content providers. All rights reserved. The information and images presented here may not under any circumstances be reproduced or used without prior written permission of UBC or the content provider.
If you believe any materials accessible on or from the UBC Site infringe your copyright, you may request removal of those materials (or access thereto) from the UBC Site by contacting UBC’s copyright agent (identified below) and providing the following information:
(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(b) Please provide us with the location of the material Including, where possible, it’s URL or any other pertinent information that will allow us to locate the material.
(c) Your name, address, telephone number, and (if available) email address.
(d) A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on behalf of the copyright owner.
(f) A signature or the electronic equivalent from the copyright holder or authorized representative.
The address for UBC’s agent for copyright issues relating to the UBC Site is as follows:
Uber Business Capital LLC
2000 B Edward St
Houston, TX 77007
Jurisdiction and Enforcement
These Terms are governed by and interpreted under the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Houston, Texas, under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Texas. The parties shall initially bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration as well as such costs and expenses incurred by the prevailing party prior to, during and after arbitration including the prevailing party’s initial arbitration costs, in such an amount as may be determined by the arbitrator). The parties agree that any such arbitration and all documents disclosed in connection therewith will not be disclosed beyond the arbitrator, except as may be compelled by regulatory authorities or applicable law. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement and UBC shall be entitled to seek injunctive relief or other equitable remedies from any court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. We do not represent or warrant that materials on this Site are appropriate for use outside of the United States of America.
Release of UBC
If you have a dispute with one or more Users, you release UBC and its affiliates, officers, directors, employees, representatives, successors and assigns, from any and all claims, demands and damages of every kind and nature arising out of or in any way connected with such dispute.
Electronic Communications Delivery Policy
You agree that UBC may provide all notices and other communications electronically including, but not limited to, service updates and amendments to these Terms. We may make these communications available by means of posts to the UBC Site, messages to your UBC Account inbox and/or email account, and/or messages to your mobile device, among other means. You will need a computer (or mobile device) web browser and printer to access and print such electronic communications. We reserve the right to prohibit your access and use of the UBC Site and if you withdraw your consent to receive electronic communications. Any electronic communications will be considered to be received by you within twenty-four (24) hours of the time we post it to the Site or electronically transmit it to you. Any communications sent to you by postal mail will be considered to be received by you five (5) business days after being sent.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. All such attempted transfers, assignments, sublicenses or pledges are void.
For Additional Information or Notices
If you have any questions about these Terms, please contact UBC in writing at the following address and via email firstname.lastname@example.org:
Uber Business Capital LLC
2000 B Edwards St, Houston, TX 77007
Last Updated: August 15, 2017