Terms & Conditions
Date Posted: 12/21/2020
This Agreement contains the terms and conditions that apply to your access and use of the Internet Web site owned and operated by Ibbie, LLC, an Ohio limited liability company (“Ibbie”), and located at ibbie.com and its subdomains (referred to as “The Site”).
Electronic Signature and Records
By using the Site or checking the box on the webpage and clicking on the “Next” arrow, you agree to contract electronically with us and agree to these terms and conditions. You agree that these electronic terms have the same force and effect as your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you will not challenge the validity, enforceability, or admissibility of these terms on the basis that it was electronically transmitted or authorized. You further acknowledge that you have had the opportunity to print this agreement and that you have access to the hardware and software requirements identified below to access, print, and reproduce these terms and electronic documents you receive from us. Under these terms and conditions, and documents and other communications you receive in electronic form from us will be considered "in writing."
SYSTEM REQUIREMENTS TO ACCESS INFORMATION
To receive an electronic copy of this Agreement, you must have the following equipment and software:
By agreeing to these terms, you are providing written instructions authorizing Ibbie to obtain information from your financial institution and provide a consumer report to its customer under the Fair Credit Reporting Act.
Upon your consent and voluntary provision of your online credentials to your bank, Ibbie will attempt to access your online account and if successful will provide your bank account information to its customers with whom you have a pending application or other relationship (the “Service”). By using the Service, you consent to the use of your online credentials and bank account information as described in this Agreement and agree to be bound by the terms and conditions of this Agreement, as they may be amended from time to time in the future (see “Modifications” below).
The Service is completely voluntary. If you do not want to participate in the Service, you can contact the company you applied with to find out what other options they may have for completing the application process.
Provide Accurate Information
You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information.
You may not copy, reproduce, distribute, or create derivative works from The Site. Further, you agree not to reverse engineer or reverse compile any of the Service technology.
Content You Provide
You are licensing to Ibbie and its service providers any information, including personal information and online login and password, you provide through the Service, along with the bank account information that is obtained using your online login and password (collectively, “Content”). Ibbie and its service providers may use, modify, display, distribute and create new material using such Content to provide the Service. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Ibbie and its service providers may use the Content for the purposes set out above.
Third Party Accounts
By using the Service, you authorize Ibbie and its service providers to (i) access third party sites designated by you, on your behalf, (ii) use your online credentials to access the same information you have access to when logging into your bank account online, (iii) retrieve your bank account information from those sites, and (iv) share bank account information with Ibbie’s customer with whom you also have an account or application with. For all purposes hereof, you hereby grant Ibbie and its service providers a limited power of attorney, and you hereby appoint Ibbie and its service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN IBBIE OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, IBBIE AND ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service. You acknowledge that through the use of this Service, Ibbie shall have access to your account credentials, including, but not limited to login username and passwords.
Ibbie is a paid Service where its customers compensate Ibbie for facilitating the retrieval of your bank account information from your financial institution. Ibbie’s customers include lenders, landlords and property management, and other creditors. The purposes may vary, but typically you are being asked to share your bank account data, including transaction history, to assist you in the process of verifying your income.
The bank account information and other information you may provide Ibbie is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. Use of our Service does not guarantee approval or denial of credit or other pending application. The company you have applied with will make decisions based upon your application and not the use of our Service.
If Ibbie and its service providers are able to successfully log in to your financial institution account, a report will be generated of the accounts found at that institution, very similar to your bank statements. Ibbie does not warrant that the data is complete, accurate or certified. Instead, Ibbie makes your bank account information, including bank transaction history, available to its customers for their specific use.
Ibbie shall make best efforts to retrieve your complete account information according to the type of verification requested. You agree that certain factors outside of our control may affect the completeness of the information returned including the data returned by our service providers, our data providers and your financial institution. Similarly, Ibbie may request that you enter your bank account number and routing number (or equivalent). In doing so, you authorize Ibbie, our service providers, our data providers and our customers to retrieve all bank account information available at your financial institution using the log in credentials you provided and all transaction history available by the financial institution. In some cases, you may provide a partial or incorrect account number and Ibbie will still be able to retrieve account information and transaction history. Ibbie may retrieve account details for multiple checking and/or savings accounts that have different account numbers if they are available at your financial institution using the same credentials you provided. The way Ibbie’s customers use your bank account data will vary, and we encourage you to read their terms and conditions and understand how your data is being used and for what purposes by contacting them directly.
Ibbie uses your information to provide the Service and after deidentification, uses information for analytics and to improve the Service. Ibbie does not sell your information outside of the Service. Ibbie prohibits its service providers and customers from using the information outside of the Service; however, service providers may use information for analytics and to improve the Service after deidentifying the information.
TEXT MESSAGES; FINANCIAL DATA VALIDATION SERVICE TERMS & CONDITIONS
Ibbie assists its customers with obtaining consumer financial statement information with the consent of the consumer to facilitate the loan process or other application process initiated by the consumer. Text messages received from our Service via short codes are initiated by one of our service providers. By authorizing our service provider to send a text to your mobile phone, you represent and warrant that you have the right, authority, and capacity to enter into this agreement. We may amend these terms and modify or cancel the short code or any of the Service’s features without notice. Using this Service is not a guarantee that you will receive text messages from us, and neither Ibbie nor your mobile carrier is liable for delayed or undelivered messages.
You agree to provide us and any applicable service provider with a valid mobile number and agree that each time you request a message we may send you a one-time text message to your mobile number through your wireless provider.
Our service provider is able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Messages from our Service via short code are one-time messages to be used in the moment of a transaction with one of our service providers. Unless you are engaged in a transaction in the future that requires further verification from a service provider and you consent to receive a subsequent text message, you will not receive further messages from our Service.
Although Ibbie does not charge you a fee for these messages, message and data rates from your phone service provider may apply.
Contact your mobile service provider for details on specific fees and charges that may apply.
Standard Rate Short Code Service Alert: If you received a text message from our Service, you can also text the word “HELP” to 46268, email email@example.com, call 855.260.2334, or visitibbie.com. You may also text STOP to 46268 to cancel. Message and data rates may apply.
Disclaimer of Representations and Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IBBIE AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IBBIE AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IBBIE OR OUR SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
YOU AGREE THAT NEITHER IBBIE, OUR SERVICE PROVIDERS, ACCOUNT PROVIDERS, OR ANY RESPECTIVE AFFILIATES WILL BE LIABLE FOR ANY LOSS OR HARM, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF IBBIE OR OUR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to protect and fully compensate Ibbie and its service providers and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. You agree that our service providers are third party beneficiary of the above provisions, with all rights to enforce such provisions as if our service providers were a party to this Agreement.
Accepting the Terms
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Ibbie.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Your Use of the Service
Your right to access and use ibbie.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use The Site for lawful purposes.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that Ibbie, in its sole discretion, may elect to take.
Ibbie's Intellectual Property Rights
The contents of the Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Site belong or are licensed to Ibbie or its software or content suppliers. Ibbie grants you the right to view and use The Site subject to these terms. You may download or print a copy of information provided on The Site for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from The Site in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Access and Interference
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology or any manual process to access, acquire, copy or monitor The Site or any portion of The Site, without Ibbie’s express written consent, which may be withheld in Ibbie’s sole discretion. A limited exception to the foregoing limitations and restrictions is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time;
Use the Site, including uploading, posting or otherwise transmitting any content, that could in any way transmit, directly or indirectly, any form of malicious or unwanted code or program to the Site or any websites, servers, networks, systems or equipment of Ibbie or any third party, or would otherwise interfere with or disrupt the Site or any websites, servers, networks, systems or equipment of Ibbie or any third party. You must at all times abide by all policies, procedures and other requirements established by any networks connected to this Site;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or Service;
Otherwise attempt to interfere with the proper working of the site.
Ibbie may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on ibbie.com. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Ibbie under this Agreement, shall be governed by the laws of the State of Ohio without regard to its conflict or choice of law provisions. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration conducted in Ohio and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All claims must be brought on an individual basis, not class-wide. Notwithstanding the foregoing, with respect to imminent harm requiring temporary or preliminary injunctive relief, Ibbie may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Ibbie is able to offer the Service at the terms designated and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Ibbie, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Ibbie does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Ibbie has the benefit of under any applicable law), this will not be taken to be a formal waiver of Ibbie’s rights and that those rights or remedies will still be available to Ibbie.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Ibbie regarding the subject matter of the same, and supersedes all other previous agreements.
Last updated: 12-21-2020