Introduction
Ubertc.com, a website designed to provide you information and access to the services provided by Uber Trade Credit LLC (“UTC”) and all associated mobile device applications, and other elements thereof, and all code incorporated therein (collectively, the “UTC Site”), including all products, services, features, content, promotions and other offerings, its affiliates and subsidiaries operated by UTC (“we”, “us”, “our”, or “UTC”).
Acknowledgment and Acceptance of Terms
Your access to and use of the UTC Site are subject to federal, state, and local laws as well as the terms and conditions set forth herein and the terms and policies of UTC, which are incorporated herein by reference (“Terms”). By using the UTC Site in any manner and regardless of how you accessed it, you agree to all terms and conditions contained or referenced in these Terms. These Terms apply only to your use of the UTC Site and do not change or alter any other agreement or contract between you and UTC. You agree that by accessing, using, and/or registering on the UTC Site, you are entering into a legally binding agreement with UTC based on these Terms, and the UTC Privacy Policy which is hereby incorporated by reference.
Please read these Terms carefully, as they may have changed since your last visit to the UTC Site. UTC 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 UTC 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 UTC Site constitutes your consent to such amendments. These Terms will remain in effect after termination of your use of the UTC Site. If you do not accept these Terms, please do not access and use the UTC Site and/or UTC’s products and services.
General Eligibility
The UTC Site is for use by commercial entities only. Individual consumers are not eligible to use the UTC Site. UTC 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 UTC 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 UTC 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 UTC including, without limitation, intellectual property rights such as copyright or trademark rights; (vi) will not use the UTC 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 UTC Site.
Registration
You may access the UTC Site as a visitor without registering with the UTC Site (“Visitor”). Visitors may view certain public sections of the UTC 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 UTC 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 UTC of any access changes or terminations.
Users may access all public sections of the UTC 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 (“UTC Account”).
By registering with the UTC 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, UTC may reject your registration, terminate your right to access and use the UTC Site, and take any and all other actions UTC considers appropriate including, without limitation, contacting law enforcement or applicable regulatory agencies.
To gain access to certain features of our Site, we may ask you to provide certain personally identifiable information including your name, your home address, year of birth, and social security number. For more information, see the full Privacy Policy.
Termination
You or UTC may at any time, for any or no reason, terminate your UTC Account and your right to access and use the UTC Site upon written notice; however, these Terms shall remain in effect after termination of your UTC Account for any reason.
Notices from a User to UTC should be communicated by an authorized representative in writing by hand-delivery, national overnight delivery service, or electronic transmission established by UTC, 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 UTC Account; (iii) refrain from using other Users’ UTC Accounts; (iv) refrain from selling, trading, or otherwise transferring your UTC Account to another party; (v) refrain from charging anyone for access to any portion of the UTC 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 UTC 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. UTC 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 UTC.
Security and Identity Authentication
You authorize UTC, 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 UTC Site, such as the use of anti-virus and/or anti-fraud scanning technology.
UTC reserves the right to monitor all network traffic to the UTC Site to identify and, as determined by UTC, block unauthorized attempts or intrusions to upload or change information or cause any damage to the UTC Site in any manner. Anyone accessing the UTC Site consents to such monitoring.
You agree that the procedures provided for in these Terms (including the UTC Privacy Policy) to protect personal information and to verify the identity of Users constitute commercially reasonable website security and User verification procedures.
Execution of Instructions
Login IDs and Passwords are under the control of the individual or individuals that you have authorized and designated. The UTC online system has been designed so that it may be operated only upon entry of a valid user name and password combination. UTC will therefore consider any access to the online system through use of valid Login ID’s and Passwords to be duly authorized, and UTC will carry out any instruction given regardless of the identity of the individual who is actually operating the system. You authorize UTC to treat any instruction made on the UTC 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. UTC records regarding access by Login IDs and Passwords will be conclusive regarding any access to, or action taken through the UTC 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 UTC Site includes data, design, text, software, audio, images, photographs, graphics, video, messages, files, software or other materials (collectively, the “UTC Site Content”). The UTC 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 UTC Site Content may be subject to terms and conditions in addition to these Terms (“Third Party Terms”).
The UTC Site Content is presented solely for the purpose of providing information. UTC is the sole interpreter of the UTC Site’s intended and acceptable use and purpose. The UTC Site may be reproduced or transmitted only as provided in these Terms or with the express written consent of UTC.
UTC 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 UTC 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 UTC Site Content.
(b) You may not remove from the UTC 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 UTC Site Content.
Nothing contained on the UTC Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the UTC Site or any UTC Site Content made available on the UTC 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 UTC or such third party that may own the trademark or copyright of the relevant material displayed on the UTC Site. This restriction does not apply to robots, bots, spiders or other similar automated methods to index the public content of the UTC Site for use in connection with leading search engines and Internet directories.
Prohibited Activities
You may not use the UTC 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 UTC 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 UTC to be in conflict with the spirit or intent of the UTC Site.
Information Privacy
The Privacy Policy specifies how UTC collects, stores, uses and shares the personal information of the Users of the UTC Site. For more information, see the full Privacy Policy.
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 UTC 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 UTC 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 UTC 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 UTC Site to transmit or otherwise facilitate the transmission of spam or other multiple mailings.
UTC Site Content
You acknowledge that UTC is not responsible for User Data and Content submitted to the UTC Site by Users. Although UTC does not review, monitor or edit the User Data and Content, UTC 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. UTC is not responsible for any removal of User Data and Content or failure or delay in removing User Data and Content.
By using the UTC 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 UTC 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 UTC Site.
Modifications to the UTC Site
UTC reserves the right at all times to modify or discontinue, temporarily or permanently, the UTC Site or any part of the UTC Site, with or without notice and without cost. Furthermore, the UTC Site may become unavailable due to suspension of the Internet, or maintenance or malfunction of computer equipment or other reasons. You agree that UTC will not be liable to you or to any third party for any modification, suspension, malfunction, or discontinuance of the UTC Site.
Indemnification
By using the UTC Site, you agree to defend, indemnify and hold UTC 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 UTC Site including, without limitation, the uploading, posting, publishing, emailing, reproduction, distribution, or transmission of any UTC 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. UTC 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 UTC in asserting any available defense.
Linked Third-Party Sites
You may be able to link to or otherwise access third parties’ websites (“Linked Third-Party Sites”) from the UTC Site. Linked Third Party-Sites are not, however, reviewed, controlled, or examined by UTC in any way, and UTC is not responsible for the content, privacy policy, availability, advertising, products, or other materials of any such Linked Third-Party Sites. Therefore, UTC does not endorse or accept responsibility for the content on Linked Third-Party Sites. In no event shall UTC be liable to anyone for any loss or damage caused by or in connection with use of the Linked Third-Party Site or the information or material accessed through the Linked Third-Party Site. UTC reserves the right, at its sole discretion, to remove, without notice, any link(s) to any of the Linked Third-Party Sites from the UTC Site.
Legal Compliance and Prohibited Use
You are prohibited from using the UTC 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 UTC of any unauthorized use of the UTC 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 UTC Site, and legal action may also be taken against you.
UTC prohibits the harvesting or collection of the e-mail addresses of UTC employees and representatives from the UTC Site to be used in violation of the CAN-SPAM act. UTC reserves the right to take all legal actions available, including civil and criminal prosecution, to prevent violation of these Terms.
Disclaimer of Warranties
UTC SITE CONTENT INCLUDING, WITHOUT LIMITATION, ALL USER CONTENT, AND THE???? ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, UTC DOES NOT WARRANT THAT: (i) THE UTC SITE CONTENT AND/OR ANY USER DATA AND CONTENT IS CORRECT, ACCURATE, RELIABLE, OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE UTC SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THE UTC SITE OR THE SERVER(S) THAT MAKE EACH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS SUCH AS MALWARE. UTC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE UTC SITE CONTENT INCLUDING, WITHOUT LIMITATION, ALL USER DATA AND CONTENT PROVIDED ON THE UTC SITE, AND UTC 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 UTC 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 UTC SITE, THE UTC SITE CONTENT (INCLUDING, WITHOUT LIMITATION, THE USER DATA AND CONTENT), EVEN IF UTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL UTC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE UTC SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO UTC 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 UTC 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 UTC or the content provider.
If you believe any materials accessible on or from the UTC Site infringe your copyright, you may request removal of those materials (or access thereto) from the UTC Site by contacting UTC’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 UTC’s agent for copyright issues relating to the UTC Site is as follows:
Uber Trade Credit LLC
Attn: Legal
6160 Warren Pkwy, Suite 100
Frisco, Texas, 75034
Email: legal@uberbc.com
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 UTC 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 UTC
If you have a dispute with one or more Users, you release UTC 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 UTC 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 UTC Site, messages to your UTC 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 UTC 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.
Assignment
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 UTC in writing at the following address and via email legal@ubertc.com:
Uber Trade Credit LLC
Attn: Legal
6160 Warren Pkwy, Suite 100 Frisco, Texas, 75034
Last Updated: January 1, 2025