Terms of Service

  • General & Acceptance

    BY USING AND/OR VISITING THIS WEBSITE AND/OR USING THE KABBAGE™ SERVICES (specifically, inputting your user id in the space provided on various pages of the www.kabbage.com website, the “Services”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use" or "Agreement") AND THE TERMS AND CONDITIONS OF KABBAGE, INC.'S (“Kabbage”) PRIVACY POLICY, WHICH ARE PUBLISHED VIA A LINK ON http://www.kabbage.com (the “Website”), AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Website or the Services. Please note that your application for a funding account with Kabbage is subject to a separate agreement that will be provided to you upon application. THESE TERMS OF USE DO NOT COVER YOUR FUNDING ACCOUNT APPLIED FOR THROUGH THE WEBSITE, unless otherwise stated herein. The use of the term Kabbage herein includes Kabbage, Inc. and its affiliates, vendors, partners, agents and other personnel. In addition to all other agreements that may be provided to you, this Terms of Use Agreement sets forth the legally binding terms for your use of the Services and they shall apply to all users of the Website. By using the Services, you agree to be bound by this Agreement. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE WEBSITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU WISH TO USE OF THE SERVICES, YOU MUST READ THIS AGREEMENT. In order to participate in certain other services provided through the Website, you will be notified that you are required to agree to additional terms and conditions. Kabbage may modify this Agreement from time to time and such modification shall be effective upon posting by Kabbage on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.

  • Section 1: Eligibility

    Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all application information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe, in our sole discretion, that you are less than 18 years of age.

  • Section 2: Provided Services

    Subject to full compliance with the Terms of this Use Agreement, Kabbage shall provide certain services related to the input of your marketplace ID(s) on various pages of the Website. The Services are provided by Kabbage AS IS and Kabbage assumes no responsibility for any failure in providing the Services to you. Kabbage may change, suspend or discontinue any or all of the Services for any reason, at any time, including the availability of any products or services included within the Services. Kabbage may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Kabbage may include commercial opportunities or content in any Kabbage product, services, image or webpage.

  • Section 3: General Undertakings

    You accept sole responsibility for all of your activities using the Website, including your conduct on the site. You will not use the Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code. You will not use bots to engage the Services.

  • Section 4: The Website

    The Website may contain third party content about, and links to, third parties and their websites that are not owned or controlled by Kabbage. Kabbage has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, Kabbage will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Kabbage from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

  • Section 5: Website Access

    A. Kabbage, Inc. hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Kabbage; and (ii) you will otherwise comply with the terms and conditions of these Terms of Service. B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Kabbage immediately of any breach of security or unauthorized use of your account. Although Kabbage will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kabbageor others due to such unauthorized use.

  • Section 6: Fees & Payment

    Some of the services offered on the Website may require the payment of fees, interest and other amounts ("Charged Services"). These services are subject to separate agreements into which you must enter prior to participating in such service. If you elect to sign up for Charged Services, you shall pay all applicable amounts, as described on the Website in connection with such Charged Services selected by you. Kabbage reserves the right to change its prices and at any time, subject to applicable law. You authorize Kabbage directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to Kabbage. Other amounts and the terms for payment of those amounts are described of specific application pages as you progress through your application (and from time to time thereafter).

  • Section 7: Intellectual Property Rights

    The content on the Website (the “Content”) and the Services are subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Kabbage uses only Content that it owns or is otherwise allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Kabbage reserves all rights not expressly granted in and to the Website, Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Services other than expressly permitted herein for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use of Services or copying of any Content or enforce limitations on use of the Website or any of the Services or Content therein.

  • Section 8: Warranty Disclaimer & Limitation of Liability

    YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KABBAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KABBAGE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL KABBAGE, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. KABBAGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KABBAGE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KABBAGE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  • Section 9: Indemnity

    You agree to defend, indemnify and hold harmless Kabbage, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your violation of any other terms applicable to your use of Charged Services. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

  • Section 10: Events Beyond Control

    Under no circumstances shall Kabbage be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Kabbage, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.

  • Section 11: Assignment

    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kabbage without restriction or limitations.

  • Section 12: General

    You agree that: (i) the Website shall be deemed solely based in Georgia, USA; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Kabbage, Inc., either specific or general, in jurisdictions other than Georgia. These Terms of Service shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and Kabbage, Inc. that arises in whole or in part from the Website or the Services shall be decided exclusively by a court of competent jurisdiction located in Atlanta, Georgia. These Terms of Service, together with the privacy and any other legal notices and agreements published by Kabbage on the Website, shall constitute the entire agreement between you and Kabbage, Inc. concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Kabbage’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND KABBAGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

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