These Terms contain important provisions about your legal rights, including limitations of liability, disclaimers of warranties, and dispute resolution provisions. Please read them carefully.
These Terms of Use ("Terms") cover your use of and access to any products and services (collectively, the "Services") made available by Owl Bridge Credit, LLC (the "Company") through this website. If you are accessing the Services on behalf of an organization, then your use of the Services means you are agreeing to these Terms both on behalf of that organization and on your own behalf, individually. Using the Services means you accept these Terms. If you do not accept these Terms, immediately leave this site and do not use the Services. "You" and "your" as used in these Terms will mean any end user of the Services, either an individual or a company.
The Company offers the Services to facilitate your making payments using electronic payment credentials. The Company grants you a limited license to submit payments using the Services. You do not receive any other rights in the Services whatsoever by accessing or using the Services, and the Company reserves the right to revoke your ability to use the Services at any time.
You promise that you will not use the Services for any unlawful purpose or in an unlawful manner. You promise to abide by all applicable laws in using the Services. Without limiting the generality of these promises, you specifically promise that you will not submit any stolen, false, unauthorized, or otherwise fraudulent payment credentials. You also represent and warrant to the Company that any payment credentials you submit through the Services have been validly obtained by you, and that you have the necessary rights and authority to submit those payment credentials, including for the specific amount of any given payment. You also promise that, to the extent you submit to the Company any personally identifiable information, or any sensitive or confidential information about any organization, you have the authority to do so. You promise to make reasonable efforts to safeguard the security of your username and password used to access the Services and to prevent any unauthorized access to your account.
These Terms do not excuse your performance with any other agreements you may have with parties besides the Company. You will remain responsible for complying with the terms of any cardholder agreement that may exist between you and any financial institution regarding your use of any payment card or credentials. You will also remain subject to any credit agreements or payment terms that may exist between you and the business which you are paying.
There may be link to third party websites or content on pages or portals through which you access the Services. The Company does not control or endorse any third-party content and bears no responsibility for the same. Similarly, please understand that there will be other business partners involved in processing and accepting your payment, including one or more payment processing companies. By using the services, you consent to the involvement of other companies in facilitating the acceptance of your payment.
All logos, trademarks, service marks, and trade dress, text, images, copyrights, photographs, software, audio files, and all related intellectual property rights associated with the Services belong exclusively to the Company. You do not obtain any rights in any of this intellectual property by virtue of accessing the Services, and the Company does not grant you any rights of ownership in the same. Instead, the Company grants you only the limited, revocable license to access the Services for the purpose of submitting payment credentials. You may not imitate the Company's Services, or decompile, copy, modify, or reverse engineer the Services in whole or in part, on your own behalf or on behalf of anyone else. You may not tamper with or damage, or attempt to tamper with or damage, any aspect of the Services. You may not sell or resell the Services, subject to them to data mining or extraction tools, or plant any malware, viruses, or harmful or malicious code in the Services. Further, you may not disable or circumvent, or attempt to disable or circumvent, any security features of the Services.
Please separately review the Owl Bridge Credit LLC Privacy Policy , which also governs your use of the Services. The terms of the Privacy Policy are incorporated into these Terms in full.
THE COMPANY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES WHATSOEVER ASSOCIATED WITH THE SERVICES, INCLUDING BOTH EXPRESS AND IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OR MERCHANTABILITY. FURTHER, THE COMPANY DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED. THE COMPANY MAKES NO WARRANTY AS TO THE SECURITY OF ANY DATA TRANSMITTED USING THE SERVICES. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES SOLELY AT YOUR OWN RISK.
IF YOU ARE DISPLEASED WITH THE SERVICES OR THE COMPANY, YOUR SOLE REMEDY WILL BE TO DISCONTINUE USE OF THE SERVICES, AND THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY MONEY DAMAGES. HOWEVER, IF THE COMPANY'S DISCLAIMER OF MONETARY LIABILITY TO YOU IS FOR ANY REASON UNENFORCEABLE UNDER APPLICABLE LAW, THEN THE COMPANY'S LIABILITY TO YOU SHALL BE LIMITED TO THE PAYMENT OF ONLY COMPENSATORY DAMAGES CAPPED AT THE LESSER OF (A) TWO TIMES THE AMOUNT OF THE LAST PAYMENT YOU MADE, OR ATTEMPTED TO MAKE, USING THE SERVICES OR (B) $2,000 (U.S. DOLLARS). IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING FOR LOST BUSINESS VALUE OR LOST PROFITS, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ANY PARTY WAS ADVISED OF THE POSSIBILITY OF THE SAME.
The Company reserves the right to amend these Terms at any time without notice. The amended Terms will take effect immediately upon posting to the website, and will supersede previous versions of the Terms. The Company also reserves the right to terminate access to all or any part of the Services at any time, without or without notice to you, or to terminate your access to the Services at any time, for any reason in its sole discretion.
This Agreement shall be governed by and construed according to the laws of the State of Oregon without regard to conflicts of law principles.
You agree that any disputes arising out of or relating in any way to the Services, or your use of the Services (including through a business partner affiliated with the Company) will be resolved exclusively through binding arbitration before the American Arbitration Association ("AAA") pursuant to the Federal Arbitration Act. The arbitrator's jurisdiction shall be co-extensive with that of a court of appropriate jurisdiction and shall encompass the authority to interpret the scope of this arbitration clause and the arbitrability of any particular dispute. The proceedings before the AAA shall be initiated in Portland, Oregon, or if you prefer, may be initiated by you in the AAA office your state of residence. The arbitration shall take place before a single arbitrator, mutually selected by the parties, or if the parties cannot agree on an arbitrator, one appointed by the AAA. No party in arbitration shall be liable to the other for any punitive, exemplary, special, consequential, or indirect damages, including lost profits, or lost business value, even if such damages were foreseeable, or if the other party were specifically apprised of the possibility of such damages. You may only resolve disputes with the Company on an individual basis, and not on a collective or class basis. Class arbitrations, consolidated arbitrations, class actions, and private attorney general actions are prohibited and you waive your right to participate in the same. The decision of the arbitrator shall be final and binding on the parties and enforceable in any court having appropriate jurisdiction.
In one limited exception to the parties' agreement to arbitrate, either party may opt to bring suit in court (as specific below) solely for the purpose of obtaining injunctive relief. Other than deciding petitions for injunctive relief or enforcing judgments entered in arbitration, you and the Company agree that no court shall have jurisdiction to decide any other disputes between you. Should you or the Company opt to initiate an action for injunctive relief, you agree to do so in courts of appropriate jurisdiction within Portland, Oregon, and you each consent to personal jurisdiction before such courts.
For any questions about these Terms, the Privacy Policy, or the Services, please email support@owlbridgecredit.com. For questions about your payment arrangements, including any requests for refunds, please contact your dealership directly.