Website Ts&Cs (US)
Welcome to the Liberis Website
Please carefully read these terms and conditions (the “Terms”), which apply to your use of the online user platform provided access is granted (the “User Platform”) and the public website at www.liberisgroup.com (the “Public Website”), each owned, operated and controlled by Liberis US Inc. (“Liberis”). The Public Website and the User Platform are referred to collectively, and each individually, as the “Website”. In these Terms, “we”, “us” and “our” mean Liberis; “you” and “your” mean the individual accessing or using the Website; and “business” means the sole proprietorship, corporation, association, partnership, limited liability company, trust or other business on whose behalf the Website is used. These Terms apply to your use of the Website and, where you act on behalf of a business, to that business’s use of the Website through you. By using the Website, you agree to these Terms. If you do not agree to these Terms, do not use the Website. When you accept these Terms on behalf of a business, you represent and warrant that you have authority to bind that business to them.
Liberis provides financing and related products and services under agreements entered into between the relevant business and Liberis (each, a “Customer Agreement”). A business that enters into a Customer Agreement becomes a “Liberis Customer”. These Terms govern access to and use of the Public Website and User Platform; the applicable Customer Agreement governs the rights, duties and obligations relating to the financing and other products and services provided under it. If these Terms conflict with an applicable Customer Agreement, the Customer Agreement controls to the extent of that conflict. Access to the Website, creation of a platform account, submission of an application or use of a calculator does not, by itself, constitute approval for financing or entry into a Customer Agreement. Financing is subject to eligibility, underwriting, applicable disclosures and execution of the required agreements. Website content and estimates do not amend a Customer Agreement or constitute a binding financing offer unless expressly identified as such. Products and platform features may be available only in specified jurisdictions and to eligible businesses; access to the Website does not mean a product is available in your location.
Privacy
Your privacy is very important to us. Please review our Privacy Policy for information on how we use your personal information.
Eligibility
The Website is intended solely for business use by individuals who are at least eighteen (18) years old. By using the Website, you represent and warrant that you are 18 years age. If you act on behalf of a business, you must be authorized to perform the activities you undertake for it.
License
Subject to these Terms, we grant you and, where applicable, the business a nonexclusive, nontransferable, limited license to access and use the Website for lawful purposes and, in the case of the User Platform, the business’s internal business purposes. You may download and retain Customer Agreements, statements and other documents made available for the business’s records, and may print or download reasonable portions of public content for your own information, provided you retain applicable proprietary notices. This license does not permit resale, unauthorized distribution or exploitation of Website content. We reserve the right to terminate or suspend this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, except Customer Agreements, statements and records reasonably required for legal, regulatory or ordinary recordkeeping purposes. Except for the limited license set forth in these Terms, Liberis does not grant you or the business any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
Liberis Account Registration
If you use the User Platform on behalf of a business, you represent and warrant that you are authorized to act for that business and to bind it to these Terms. The business is responsible for compliance with these Terms by users it authorizes to access its platform account. These Terms also apply to your individual access to and use of the Website. Platform access is available only where Liberis makes it available to the business, whether in connection with a Customer Agreement or another expressly offered platform-access arrangement. Access alone does not make the business a Liberis Customer. To access the business’s account, you must be authorized by the business and complete the applicable registration or activation process. You will be required to create individual login credentials, including a sign-in name (“Sign-In Name”), a password (“Password”) and, where required, additional information used to authenticate your identity (“Unique Identifiers”). You must keep your login credentials confidential, must not share them with another person, and must use any security measures required by Liberis. You must notify us immediately if you believe your credentials or the business’s account have been compromised or used without authorization. Liberis will not be liable for any loss or damage caused by any unauthorized use of the business’ account. Subject to applicable law and the Customer Agreement, we may rely on instructions submitted through an authorized user’s credentials unless we know or reasonably suspect that the instruction is unauthorized. Users and businesses remain responsible for their own breaches of these Terms.
Accuracy of Information
When submitting information through the Website, you agree that:
- the information you provide is current, complete and accurate in all material respects, and you are authorised to submit it on behalf of the relevant business. You must not submit false or misleading information or documents;
- you will promptly update information that is no longer current, complete or accurate, using the available platform controls or by contacting us; and
- you will use the User Platform only for authorized purposes in accordance with these Terms and any applicable Customer Agreement.
Communications
By using our Website, you expressly consent to receive communications from us electronically to the extent permissible by law and agree that any electronic communications between Liberis and yourself satisfy any legal requirement that such communications be in writing. This means that we may communicate with you, or send account, security and service communications, electronically, including, but not limited to, by email, through the User Platform or by other contact methods you provide. You further expressly consent to be contacted by Liberis and our employees, representatives and agents, or anyone contacting you on our behalf for any and all purposes arising out of or relating to your Liberis account, at any telephone number, or any physical, email or electronic address you provide or at which you may be reached. You and the business must keep contact information current and promptly notify us when a telephone number or email address is no longer used or authorized.
Links
The Website may contain links to websites owned, controlled or operated by third parties. Links are provided for convenience and do not imply endorsement of the third party or its website content. When you follow a link, the third party’s terms and privacy practices may apply. Please review them before using that website or submitting information. We do not control independent third-party websites and are not responsible for their content or practices.
Our websites may also transfer you to a third party site in order to fulfil the services we provide to you. When you access the linked third party websites you do so at your own risk. These sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. We advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information. Liberis is not liable for any misuse of your information or other misconduct by the third party.
Intellectual Property
You acknowledge and agree that Liberis or our licensors own all legal right, title and interest in and to the Website and its content, including, without limitation, software, trademarks, copyright, patent, trade secret or any other intellectual property right which subsists in the Website, whether those rights are registered or not, and wherever in the world those rights may exist (“IP”). You agree not to (a) take any action that would jeopardize, limit or interfere with our or our licensors’ rights in or to the IP, (b) copy, modify, translate, publish, distribute or create derivative works of the IP or any component thereof, or (c) resell, exploit distribute, trade or make any other commercial use of, modify, reverse engineer, decompile or disassemble the IP or any component thereof.
Acceptable Use
You may use the Website only for lawful, authorised purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United Kingdom, the European Union or other countries).
- For the purpose of exploiting, harming, threating or harassing any person or to exploit or harm any individuals in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
- to impersonate Liberis, a Liberis employee, another user or any other person or entity, or misrepresent your identity or authority;
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Liberis in its sole discretion, may harm Liberis or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in a way that disables, overburdens, damages or impairs it or interferes with another user’s authorised use.
- Use robots, spiders, scraping tools or other automated means to access or extract Website content without our prior written permission.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorised purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Bypass authentication, security controls or access restrictions, or otherwise interfere with the proper operation of the Website.
Availability Suspension and Termination
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Website with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. We may suspend or terminate your access to the Website where we reasonably believe there is a material breach of these Terms, unauthorized access, fraud, a security threat or a legal requirement, or where the business is no longer entitled to access the relevant feature.
Suspension or termination of Website access does not itself terminate a Customer Agreement or eliminate rights or obligations under it. For a planned discontinuation of the User Platform, we will give reasonable advance notice where practicable and identify an alternative channel for obtaining records and servicing any ongoing Customer Agreement.
No Warranty and Limitation on Liability
WE DO NOT GUARANTEE THAT THE WEBSITE, OR THE ADEQUACY, COMPLETENESS OR ACCURACY OF ANY CONTENT, DOCUMENT OR FEATURE OF THE WEBSITE, WILL BE ERROR-FREE, THAT THE WEBSITE OR ANY FEATURE OF THE WEBSITE WILL BE UNINTERRUPTED, OR THAT ANY ERRORS, INTERRUPTIONS OR DEFECTS WILL BE CORRECTED. THE WEBSITE AND THE CONTENT ON THE WEBSITE ARE MADE AVAILABLE ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS. LIBERIS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE DISCLAIMERS DO NOT MODIFY EXPRESS OBLIGATIONS IN A CUSTOMER AGREEMENT OR OBLIGATIONS THAT APPLICABLE LAW DOES NOT ALLOW US TO DISCLAIM.
ALTHOUGH LIBERIS WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE WEBSITE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OF OR ACCESS TO THE WEBSITE, WE MAKE NO REPRESENTATION OR WARRANTY THAT SUCH EFFORTS WILL BE SUCCESSFUL, AND TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE WEBSITE OR AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OF OR ACCESS TO THE WEBSITE. LIBERIS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THAT THE WEBSITE OR ANY DOWNLOADABLE MATERIAL IS FREE FROM COMPUTER VIRUS. CALCULATORS AND TOOLS ON THE WEBSITE PROVIDE ESTIMATES, WHICH MAY BE DIFFERENT THAN THE ACTUAL AMOUNTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, LIBERIS, ITS EQUITY OWNERS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS, OR DAMAGE ARISING FROM OR RELATED TO ANY USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. YOUR SOLE REMEDY AGAINST LIBERIS, ITS EQUITY OWNERS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS IN CONNECTION WITH YOUR USE OF THE WEBSITE OR FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS TO STOP USING THE WEBSITE.
Your Acts and Compliance with Law
You are solely responsible for your acts and omissions in connection with your use of the Website. The business is responsible for the acts and omissions of users of it. We will not be responsible or liable for any claim, action or liability that arises out of or is in any way connected with such acts or omissions. You and the business agree to use the Website in compliance with all applicable laws, and not to use the Website for any fraudulent purposes.
Indemnification
By using the Website, you and the business agree to defend, indemnify, and hold harmless Liberis, its equity owners, subsidiaries, affiliates, and each of their respective, managers, employees, representatives, agents, licensors, successors and assigns from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that any of them may become obligated to pay arising or resulting from (a) your use or misuse of the Website or any feature of the Website, (b) your breach of these Terms, or (c) any violation of applicable law.
No Waiver
The waiver of a breach of or default under these Terms, or the failure or delay by Liberis to exercise any right in respect of any breach of or default under these Terms, shall in no event constitute a waiver of any other breach or default of these Terms, whether similar or dissimilar in nature, or operate as a waiver of any other right or remedy available to Liberis.
Severability
If any provision of these Terms is held invalid or unenforceable for any reason, the remainder of these Terms shall continue in full force and effect as if these Terms had the invalid portion thereof eliminated.
Governing Law
These Terms and the relationship between you and Liberis with regard to the use of the Website shall be governed by the laws of the State of Delaware without regard to its conflicts of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of the Website or the content on the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Changes to These Terms
We may make changes to these Terms from time to time. If we do this, we will post the revised Terms on the Website and will indicate at the top of this page the date the Terms were last revised. You understand and agree that your continued use of the Website after we have made any such changes constitutes your acceptance of the new Terms.
Contact Us
For questions, contact us at info-us@liberis.com.