Legal

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. 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.

The Receivables Exchange, LLC ("TRE", "we", "us" or "our") requires that all visitors to the Site must adhere to the following terms and conditions of use (the "Terms"). By accessing the Site and any of its pages, you indicate that you have read, understood and accepted these Terms without limitation or qualification. We may revise these Terms at any time by updating this posting, so you should review the Terms each time you use the Site. Your continued use of the Site after any change in these Terms constitutes your agreement to be bound by such changes. TRE may terminate, suspend, change or restrict access to this Site, or any part of it, without notice or liability.

These Terms of Use apply generally to all visitors to the Site and additional restrictions and rules apply to registered Sellers selling and member Buyers purchasing Receivables over the Exchange.

Laws and Regulations

Access to and use of the Site are subject to all applicable federal, state and local laws and regulations. The interpretation and enforcement of these Terms will be governed by federal law and, to the extent applicable, the laws of the State of Louisiana, without regard to its conflict of laws rules.

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.

You will be responsible for the content of any material you, or others on your behalf or in your name, enter on the Site. We have no responsibility for the content of any messages communicated by users of this Site, or for the content of information of third parties on the Internet, even if accessed through the Site. However, we retain the right, which we may or may not exercise in our sole discretion, to review, edit or delete any information that we deem to be illegal, offensive or otherwise inappropriate.

Copyright

All content included on this Site, including without limitation the TRE Platform, the contents of all TRE Program Agreements, all TRE Work Product Data and all other text, data, graphics, articles, design, source code, software, photos, images and other information (collectively, the Content), is the property of TRE or its content providers and is protected by United States and international copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise without the express, prior written consent of TRE. Any unauthorized use of any Content on this Site may violate copyright and other laws as well as TRE's standards of party confidentiality, internet security and privacy.

Trademarks

The name "The Receivables Exchange" (including the TRE logo), receiveablesxchange.com, and all related logos, trade names, trademarks and service marks (collectively "TRE Trademarks") are trademarks or service marks of TRE. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by TRE or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the TRE's Trademarks found on the Site except pursuant to written authorization from TRE in each instance. You may not use, copy, display, distribute, modify or reproduce any of TRE Trademarks without written authorization from us. TRE prohibits use of any of TRE Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance.

Patents

Technologies and processes used by this Site are the subject of one or more TRE patents and other patents that are pending.

Limitations Of Use

You agree to use the Content and this Site only for lawful purposes and as provided in the TRE Program Agreements. You are prohibited from any use of the Content or this Site that would constitute a violation of any applicable law, regulation, rule or ordinance or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into TRE systems, misuse of passwords or misuse of any information posted on the Site is strictly prohibited. Your eligibility for particular products or services is subject to final determination by TRE.

Your Account

If you are a registered Seller or a member Buyer of Receivables over the Exchange, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

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 SERVICING, 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. 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.

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. Products offered will be at our sole discretion and may be provided by companies not affiliated with TRE. Nonaffiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. TRE does not endorse or guarantee products or services provided by nonaffiliated companies.

Some of the Web sites listed as links herein are not under TRE's control but rather are exclusively controlled by third parties. Accordingly, TRE makes no representations whatsoever concerning such Web sites. Although TRE may provide a link to a third party site, such a link is not an authorization or endorsement by TRE with respect to such Web site, its owners or its providers and is provided only as a convenience to you. TRE has not tested any information, products or software found on such Web sites and, therefore, cannot make any representations whatsoever with respect thereto. 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.

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 by a third party (including any intellectual property claim) arising out of your violation of these Terms, 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.

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.

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 to the party who provided the Submission. 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.

Waiver

TRE's failure to enforce any of its rights under these Terms will not be construed as a waiver of those rights or any other rights in any way whatsoever.

Privacy

In order to understand our privacy practices and policies, please review our Privacy Statement, which also governs your use of the Site.

Termination

TRE may terminate these Terms at any time, without notice, or suspend or terminate your access to and use of the Site, with or without cause, in TRE's absolute discretion, pursuant to other agreements that you may have with TRE, and without notice. However, notwithstanding termination of your use or access to the Site, the following provisions of these Terms will survive: Indemnification, Limitations of Liability and Warranties, Waivers, Dispute Resolution and any other provision that by its terms survives termination of your use of or access to the Site.

Dispute Resolution

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.

Other Agreements; Additional Terms

These Terms will be subject to any other agreements you have entered into with TRE. Furthermore, certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

General Provisions

These Terms supersede any previous Terms and Conditions of Use to which you and we may have been bound. These Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms. 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.

Louisiana Law Applicable

The substantive laws of the State of Louisiana, irrespective of the conflict of law rules of that state, shall apply and exclusively govern the rights and relationships of all Parties.

Copyright Complaints

If you believe that any materials on the Site constitute copyright infringement, you should notify TRE's designated copyright agent in writing and include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material you claim is infringing is located on the Site;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.

TRE's agent for notification of claimed copyright infringement is David S. Willenzik, General Counsel, The Receivables Exchange, 935 Gravier Street, 12th Floor, New Orleans, LA 70112 (504) 208-1536; .(JavaScript must be enabled to view this email address)

Contacting us about Terms of Use

If you have questions about the Terms or the practices of TRE, please contact us at The Receivables Exchange, Attn: David S. Willenzik, General Counsel, 935 Gravier Street, 12th Floor, New Orleans, LA 70112 (504) 208-1536.

Privacy Statement

Versign TRUSTe

The Receivables Exchange, LLC has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program does not cover information that may be collected through downloadable software. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions.

If you have questions or complaints regarding our privacy policy or practices, please first contact John Barton at 935 Gravier Street, 12th Floor, New Orleans, LA 70112 or (504) 208-1927, or .(JavaScript must be enabled to view this email address). If you are not satisfied with our response you can contact TRUSTe here.

The TRUSTe program only covers information that is collected through this web site, and does not cover information that may be collected through any software downloaded from this web site.

Privacy Statement

Thank you for visiting the web site of The Receivables Exchange, LLC ("TRE", "we", "us" or "ours"). We understand that on-line privacy is very important to you. We have adopted this Internet Privacy Statement to ensure that your personal information is handled safely and responsibly.

This Internet Privacy Statement applies to personal information that we obtain from you via your interactions with us through this web site (the Site). Additional privacy and confidentiality requirements apply to registered Sellers selling and member Buyers purchasing Receivables over the Exchange. Registered Sellers and member Buyers should refer to the TRE Program Agreements for specific information.

Personal Information We Collect

A visitor to our Site is not required to reveal any personally identifiable information (Personal Information).

We do not collect Personal Information from your computer when you browse this Site. Unless you voluntarily and knowingly provide us with Personal Information, we will not know your name, your email address, or any other personally identifiable information. We collect some information about visitors indirectly through standard web logs, including IP address and what browser is being used (e.g., www.yourcompany.com). However, we only use this information in the aggregate to administer and improve our Site.

If, while visiting our Site, you request information about TRE or the products and services we offer, we may ask you to provide certain Personal Information, such as your name, mailing address, email address and phone number. If you elect to furnish this information, we will collect it and use it so that we may respond to your request for additional information about us. (You may elect not to provide this information about yourself, but doing so may limit your ability to receive information about our products and services.)

If you wish to sign up to use our online platform, we will ask you to provide certain contact Personal Information, such as your name, email address, and phone number, as well as sensitive identifying Personal Information, such as your social security number, tax ID number and driver's license number.

We also collect third party personal information when you wish to add a contact or a new individual owner to your account. Personal information is collected such as name, address, email address, social security number, and phone number. If the third party added as an owner would like to opt out of having their personal information on the site, .(JavaScript must be enabled to view this email address).

Access to Your Personal Information

If your Personal Information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on your member information page or by emailing our .(JavaScript must be enabled to view this email address) or by contacting us by telephone or postal mail using the contact information listed below:

935 Gravier Street, 12th Floor
New Orleans, LA 70112
Toll Free: (800) 658-5880
Fax: (800) 513-1352

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services .(JavaScript must be enabled to view this email address). We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Cookies

A cookie is a small text file created by a web site that stores information on your computer, such as your preferences when visiting that site. Cookies also measure usage of various pages on our Site to help us make our information more pertinent to your needs and easy for you to access, and they help us provide products or services that we believe would be of interest and value to you. Our usage of a cookie is in no way linked to any of your Personal Information while on our Site.

You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so will adversely affect your ability to perform certain actions, use certain functionalities and access certain content on our Site.

We employ a software technology called tracking pixels (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers' personally identifiable information.

We use a third-party tracking services that uses cookies to track non-personally identifiable information about visitors to our site in the aggregate. The use of cookies by these third parties is not covered by our privacy policy. We do not have access or control over these cookies.

Blogs

If you use a bulletin board, blog, or chat room on this Site, you should be aware that any Personal Information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these forums. To request removal of your personal information from our blog or community forum, .(JavaScript must be enabled to view this email address). In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

How We Use Personal Information

We use your Personal Information to conduct our business and to respond to your requests for information about our products and services. For example, if while visiting our Site you provide your Personal Information in conjunction with a request for additional information about a product or service that we offer, we may send you emails and notices about products and services that we think may be of interest to you. If you prefer not to receive promotional materials from us, see how to opt out below.

We may share your Personal Information with our affiliates and subsidiaries that are members of our corporate family. We may also disclose your Personal Information when we believe it is required by law or necessary to operate our business, including when necessary to: (1) enforce the Terms of Use of our Site; (2) protect and defend our rights or property; (3) comply with a court order, warrant, subpoena or other legal process or other legal requirements of any governmental authorities, or (4) governmental authorities, in our sole discretion, in exceptional circumstances, such as a national emergency, security concern, or other situations in which we deem such disclosure to be prudent.

To provide you with quality service, we may disclose the Personal Information we collect to service providers that perform email marketing, promotional and other services on our behalf. These parties are contractually prohibited from using your Personal Information for any purpose other than for the reason we specify. If you prefer that we not share your Personal Information with our service providers, .(JavaScript must be enabled to view this email address).

From time to time, we may also share your Personal Information with select reputable unaffiliated companies with which we have strategic marketing relationships. These companies may use your Personal Information to offer you high quality products or services that we believe may be of interest to you. If you prefer that we not share your Personal Information with our strategic marketing partners, .(JavaScript must be enabled to view this email address).

Emails About Special Offers & Promotions; Opt Out

It is our intention to send you only email communications, e.g. newsletters, that will be useful to you and that you want to receive. These communications will relate to information and/or offers from us and/or the promotions of select, reputable third parties with which we have a strategic marketing relationship. We use a third party email service provider to send emails. This service provider is prohibited from using your email address for any purpose other than to send email on our behalf. When you receive an email from us, you will have the choice to opt out of future emails from us by following the unsubscribe instructions provided in the email.

Security

Because we are committed to keeping your Personal Information secure, we limit the collection and use of your Personal Information to what we believe would be useful to tell you about our products and services and to otherwise conduct our business. In addition, we educate our employees to appreciate the importance of confidentiality and privacy and restrict access to your Personal Information to those employees who need to know it in order to provide services to you or to respond to your requests. We also maintain appropriate physical, electronic and procedural safeguards, security standards and procedures that meet or exceed industry standards. All personal and general information that we collect is stored on a secure server that is protected by firewalls designed to block unauthorized outside access. Because laws applicable to personal information vary by country, we may implement additional measures that vary depending on the legal requirements applicable in a particular jurisdiction. Information collected on our Site is generally processed and stored in the United States.

The security of your Personal Information is important to us. When you enter sensitive information (such as your social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL) and use SSL encryption whenever we transmit your sensitive information.

Third Party Links

Our Site may contain links to other Internet web sites that were developed and are sponsored or maintained by third parties. Third party Internet sites and services accessible through our web site have separate privacy and data collection practices, independent of us. We have no responsibility or liability for these independent policies or actions.

Third Party Persona Information

If you choose to use our referral service to tell a friend about our site or to email an article to a friend, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site.

Service Providers

We use a third party to provide live chat services on our site.

Third parties are prohibited from using your personally identifiable information for any other purpose other than the service they are contracted to perform.

Children

This Site is not directed toward children. We do not promote our products or services online to children, and we not intentionally collect any personally identifiable information from children under 13.

Privacy Statement Changes

In order to accommodate changes in our Site, evolving technology and any necessary legal requirements, we may need to change this Privacy Statement at any time. If we decide to change this Privacy Statement, any material changes will be prominently posted to this page, our home page, and other places we deem appropriate at least 30 calendar days before we implement the change. We will make this information available promptly so that you are aware of what information we gather, how we might use that information and whether we will disclose it to anyone.

We reserve the right to modify this Privacy Statement at any time, so please review it frequently. If we make material changes to this Privacy Statement, we will notify you here, by email or by means of a notice on our home page.

For additional information, or if you have additional questions about this Privacy Statement or our privacy policy, please submit your comments or questions to us at The Receivables Exchange, Attn: John Barton, EVP, Head of Operations, 935 Gravier Street, 12th Floor, New Orleans, LA 70112 (504) 208-1536, or .(JavaScript must be enabled to view this email address). Any Personal Information you submit will be used solely to respond to your requests, comments or questions.

This Privacy Statement does not supersede the Terms and Conditions of Use that govern your use of this Site. Any conflict between the Terms of Use and this Privacy Statement will be resolved in favor of the Terms and Conditions of Use.

Effective Date

The effective date of this Privacy Statement is 05.11.11.