Use of the IFG Auto-Bid system shall constitute your intent to be bound by the terms of the Agreement. By accepting this Agreement you acknowledge and confirm that you have signed Syndication Agreement with IFG and you had all opportunities to receive and review IFG Credit Policy and Procedure, IFG legal forms used in providing invoice finance service, including but not limited to Irrevocable Notification of Sale, Irrevocable Notification of Sale for construction transactions and Irrevocable Instruction. The AUTO-BID system is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be in violation of any applicable law, statute, or regulation. By offering the AUTO-BID system, no distribution or solicitation is made by IFG to any person to use the AUTO-BID system in jurisdictions where the provision of the AUTO-BID system is prohibited by law.
If you use the AUTO-BID in connection with any website or with any application that makes reference to IFG and is designed for use by third parties, with or without compensation, you must conspicuously include the following notice: “This website is not endorsed by, owned by or affiliated with IFG.”
The AUTO-BID Service is currently offered for free. IFG reserves the right to charge a fee or royalties for use of the AUTO-BID Service in the future.
You agree to indemnify and hold harmless IFG its parent, any affiliates, any subsidiaries and their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “Indemnitees”) from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Indemnitees in connection with any claim by a third party (including any intellectual property claim) arising out of your wrongful, improper or illegal use of this AUTO-BID system.
Your use of the AUTO-BID system does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and IFG. Use of the AUTO-BID system does not provide you with the authority to enter into any agreements for or on behalf of IFG. Moreover, use of the AUTO-BID system does not grant you the authority either express or implied, to incur obligations or liability on behalf of IFG. By using the AUTO-BID system, you agree that no attempts to subject IFG to any such obligations or liability will be made.
Failure by IFG to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
This Agreement shall be subject to any other agreements you have entered into with IFG. If any such other agreements conflict with the terms of the instant Agreement, the terms of such other agreements shall control. The provisions of the Investor Syndication and Management Agreement are incorporated herein by reference.
In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement shall continue in full force and effect and shall be interpreted so as reasonably to affect the intent of the parties hereto. The parties hereto shall use their reasonable best efforts to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that shall achieve, to the extent possible, the economic, business, and other purposes of such void or unenforceable provision.
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.
The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation. All words used in this Agreement will be construed to be of such gender or number, as the circumstances require. Unless otherwise expressly provided, the word “including” does not limit the preceding words or terms.
Any questions regarding this Agreement or the AUTO-BID Service shall be directed to firstname.lastname@example.org.