Terms of Use

|Terms of Use
Terms of Use2018-04-23T21:39:00+00:00

These terms of use apply to your use of: a) TSI’s website(s) located at www.RocketReceivables.com (“Site”). Rocket Receivables can also be accessed through approved third-party websites and applications (“Rocket Receivables Partners”). Please review these Terms of Use (these “Terms”) carefully, because they govern your use of TSI’s Site. To make these Terms easier to read, all services provided Rocket Receivables through TSI, including the services described in Rocket Receivables’ Service Agreement, are referred to herein as the “Services”.

  1. Agreement to Terms. Your permission to access and use TSI’s Services is conditioned upon your agreement to be bound by these Terms. If you do not agree to be bound by these Terms, then you do not have permission to access or use TSI’s Services. By accessing or using TSI’s Services, or by clicking “accept” or “agree”, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms. Please review the Terms carefully, as they include, among other things, AN ARBITRATION AGREEMENT WHICH CONTAINS A CLASS ACTION WAIVER IS IN SECTION 17 BELOW.  TSI reserves all rights not expressly granted to you. If you wish to use TSI’s Services in a way not authorized by the Terms, you must receive TSI’s permission prior to such use.
  2. Changes to Terms or Services. TSI reserves the right to modify or terminate the Terms at any time, without prior notice, and at TSI’s sole discretion. The modified version of the Terms (“Modified Terms”) shall notify you of Modified Terms through direct communication, such as by email or account notifications. It is important for you to review the Modified Terms, because your continued use of TSI’s Services after you receive the Modified Terms you agree to be bound by such Modified Terms. If you don’t agree to be bound by any delivered Modified Terms, your permission to access and use the Services will be revoked and you agree to thereafter cease all access to and use of the Services, and to the extent you have an account with Rocket Receivables, terminate such account. Because TSI’s Services continue to evolve over time, TSI may change or discontinue all or any part of the Services. TSI reserves the right to make such changes or discontinuations at any time, without prior notice, and at TSI’s sole discretion.
  3. Who May Use TSI’s Services. You may use the Services only if you are 18 years or older, and acting as a representative for a business entity, with outstanding debt due and owing, seeking to collect accounts receivable due and owing, and Client and Client’s principals are not barred from using the Services by applicable law. TSI’s Rocket Receivables and Services are maintained for the benefit and participation of individual business clients only, and each client may place an account for collections only once. Duplicate consumer accounts placed with TSI for collections are subject to cancellation.
  4. United States Only. TSI’s Rocket Receivables and the Services are solely intended for users domiciled and registered to do business in the United States. You may not use TSI’s Rocket Receivables or the Services in any jurisdiction where offering, accessing or using TSI’s Services would be illegal or unlawful.
  5. Registration and Account Upload. If you want to use Rocket Receivables or TSI’s Services, you will need enter into a Service Agreement with TSI, access TSI’s Online Client Portal (“OCP”), and create an account (“OCP Account”). You can do this via the Site.  You can upload consumer accounts for TSI to deliver its Services by providing TSI with accurate, complete, and up-to-date information for your company’s accounts receivables and you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If you do not, TSI reserves the right and may choose to suspend or terminate its relationship with you. If you connect to TSI’s OCP, the collection, use, and disclosure of data from or about the OCP is deemed confidential and governed by these Terms and the privacy policy available at http://www.rocketreceivables.com/privacy-policy. You agree not to disclose your OCP Account password to anyone and you will notify us immediately of any unauthorized use of your OCP Account. You will be responsible for all access and activity that occurs through your OCP Account, whether you know of or have authorized such activity.
  6. Audit Rights. TSI reserves the rights to audit any and all consumer accounts placed with TSI via the OCP at any time and without notice. In the event such an audit reveals discrepancies or possible inaccuracies in data uploaded to TSI’s OCP, TSI’s Services may be delayed or terminated pending completion of the audit.
  7. Rocket Receivables Partners. Rocket Receivables may be provided by sponsors and promotion partners of TSI including Rocket Receivables Partners. These partners are independent entities and TSI is not responsible for the nature or quality of products or services provided by those partners or otherwise. TSI shall have no liability for these third parties, including withdrawal from the Rockets Receivables by such partners or for changes or cancellations caused by such partner withdrawals, or discontinued service by partners.
  8. Feedback. TSI welcomes feedback, comments, and suggestions for improvement to the Services (“Feedback”). You can submit Feedback by emailing TSI at Help@RocketReceivables.com or through TSI’s OCP. You hereby grant TSI a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
  9. General Prohibitions. You agree not to do any of the following: (i) violate any applicable law or regulation; (ii) send or provide any illegal content through the Services; (iii) use, display, mirror or frame the Services, or any individual element within the Services, any TSI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, (iv) access, tamper with, or use non-public areas of the Services, TSI’s computer systems, or the technical delivery systems of TSI’s providers, (v) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented to protect the Services or TSI’s Content; (vi) use Services or TSI’s Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms; (vii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or the Content; (viii) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (ix) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information; (x) disable or circumvent TSI’s API usage safeguards or make calls to TSI’s API other than those authorized in TSI’s API documentation; or (xi) encourage or enable any other individual to do any of the foregoing.
  10. Content and Content Ownership. For the purposes of these Terms: “Content” means text, data, information, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials; “TSI’s Content” means any Content that is posted, generated, provided, or otherwise made available by TSI through the Services; “User Content” means any Content that you provide to TSI or TSI Partners through access to or use of the Services. TSI does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights you may have to use and exploit your User Content. Subject to the foregoing, TSI and its licensors exclusively own all right, title, and interest in and to the Services and TSI Content, including all associated intellectual property rights. You acknowledge that the Services and TSI Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
  11. TSI Content License. Subject to your compliance with these Terms, You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or TSI Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TSI or its licensors, except for the licenses and rights expressly granted in these Terms.
  12. User Content License. By making any User Content available through the Services you agree to and hereby grant TSI a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display and perform, and distribute your User Content (i) in connection with operating and providing the Services and TSI Content to you and (ii) to third parties, as instructed or requested by you.  You are solely responsible for your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content granted under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by TSI on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  13. No Legal Advice. TSI’s Content and Services may include information that is legal or regulatory in nature. Such Content is for information purposes only. TSI does not provide legal or regulatory advice, and your use of the TSI Content or Services does not create an attorney/client relationship or fiduciary or other obligation. If you have any questions regarding your legal rights, or regarding any laws or regulations, you should seek the advice of your attorney.
  14. Enforcement Rights. Although TSI is not obligated to monitor access to use of the Services or TSI Content or to review or edit any Content, TSI reserves the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. TSI reserves the right, but is not obligated to remove or disable access to any Content, at any time and without notice, including, but not limited to, if TSI, at its sole discretion, considers any Content to be objectionable or in violations of these Terms. TSI has the right to investigate violations of these Terms or conduct that affects the Services. TSI may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
  15. Termination. TSI may terminate your access to its OCP, and access to and use of the Services, at its sole discretion, at any time, and without notice to you. You may cancel your OCP Account by accessing and selecting to terminate your OCP Account through the Site, or to the extent you have entered into the Service Agreement to use Rocket Receivable’s Services, the termination provisions in your Service Agreement. Upon any termination, discontinuation, or cancellation of Services, or your OCP Account, the following provisions of the Terms of Use will survive: “Feedback,” “Content and Ownership,” “User Content License,” “Termination,” “Disclaimers,” “Limitation of Liability,” “Dispute Resolution; Agreement to Arbitrate,” “Arbitration Process,” and “General Terms.”
  16. Changes. Notwithstanding the provision of the “Changes to Terms or Services” section above, if TSI changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending TSI a written notice (including by email at Help@RocketReceivables.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of any TSI email that may be submitted to you to provide notice of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TSI in accordance with the provisions of the “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
  17. Dispute Resolution; Agreement to Arbitrate. To the extent any controversy or Claim arising out of or relating to performance, breach, interpretation, or construction of these Terms cannot be resolved by direct negotiations, the Parties hereby agree that any dispute, claim or controversy arising out of or relating to the Terms of Use or the breach, termination, enforcement, interpretation, or validity of these Terms, or use of TSI’s Services, TSI Content, or User Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court; and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of Illinois and each of the parties hereto waives any objection to jurisdiction and venue in such courts. CLIENT ACKNOWLEDGES AND AGREES TO THE PARTIES WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both Client and TSI otherwise agree in writing, the arbitrator may not consolidate more than one client’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific section is held unenforceable, then the entirety of the “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute Resolution” section.</li
  18. Arbitration Process. The Parties agree that such disputed matter shall be submitted to binding arbitration in accordance with the Rules of the American Arbitration Association, at a location in Cook County, Chicago, Illinois, and judgment upon the award rendered by the arbitrator may be entered in a court in Illinois.  A party may submit a matter to arbitration by: (i) giving written notice to the other party of the intent to submit such controversy or Claim to arbitration of the matter; and (ii) if the Parties have not reached a mutually agreed solution within ten days after such notice, a party may demand by written notice that the controversy or Claim in question be arbitrated in compliance with the AAA Rules.The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. In no event may a party demand arbitration after the date on which a Claim would be barred by the applicable statute of limitation.  Each party shall pay half of the expenses charged by the arbitrator.  The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential finding and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Parties responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
  19. Disclaimers. TSI’S SERVICES AND TSI CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TSI EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TSI MAKES NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
  20. Limitation of Liability. NEITHER TSI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR TSI CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR TSI CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TSI HAS BEEN INFORMED THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL TSI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE PRECEDING TWELVE MONTHS OF THE AMOUNTS CLIENT PAID FOR TSI’S SERVICES. THE LIMITATIONS OF DAMAGE SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TSI AND CLIENT.
  21. General Terms. These Terms constitute the entire and exclusive understanding and agreement between TSI and you regarding the Site and the Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TSI and you regarding the Site and TSI Content. You may not assign or transfer these Terms, by operation of law or otherwise, without TSI’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The failure of TSI to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that or any other right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TSI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.