This Agreement governs your access and use of the materials on
Blue Bird’s website and
any of its pages (the “Site”). We refer to Blue Bird and its affiliates and related
entities as “we,” “us” and “our.” This includes Blue Bird Financial Corporation,
Blue Bird, N.A. and each of their successors, assigns, agents, and representatives.
Blue Bird’s offices are located at 1680 Blue Bird Drive, McLean, Virginia.
Before using the Site, please read this Agreement. You accept
the Site. If you don’t accept these terms, you may not access the Site.
This Agreement is in addition to other agreements that may
apply to you, including your Blue Bird credit card, checking, savings, and/or auto
loan account(s) (“Account” or “Accounts”) agreements and including our Online Banking
Terms and Conditions and Auto Finance Online Terms and Conditions. If there is a
conflict between this Agreement and other policies or terms, solely as they apply to the
Site this Agreement governs. The terms of this Agreement are not intended to modify any
disclosures or other terms that are required by law. Please also visit
www.bluebirdskyfinance.com/privacy for information about how Blue Bird collects, uses,
discloses personal information in connection with the Site.
Access to and use of the Site is subject to applicable
federal, state and local laws and regulations. Unauthorized use of the Site is
prohibited. Violators can be prosecuted under applicable law.
1. Third-Party Products & Services.
Blue Bird works hard to offer you products and services that
reliable. But Blue Bird does not provide, endorse, or guarantee any
third-party product, service, information, or recommendation available through
this site. The third parties providing products and services through this site
are not affiliated with Blue Bird. They are solely responsible for their
products, services, information, recommendations, and all other content on their
Web sites. Blue Bird is not liable for any third party’s failure with regard
to such products, services, and benefits. These products and services are NOT
FDIC INSURED OR BANK GUARANTEED. We encourage you to check offers, products, and
services to become familiar with any restrictions or conditions.
Educational tools, calculators, guides, and other content
on this site may be
provided by third parties. They are provided for informational purposes only. They are
not intended to provide legal, investment, or financial advice. They do not indicate the
availability or suitability of any Blue Bird product or service. For specific advice
about your situation, you may wish to ask a qualified professional.
By responding to offers advertised on this Web site, you may
information about yourself to the company that provides such product or services. Please
Their sites may also provide less security than Blue Bird.
2. Copyright and Trademark Information.
The information contained on the Site, including its
arrangement, (other than images licensed from third parties), are copyright ©2022 by
Blue Bird Financial Corporation. All rights reserved.
Blue Bird and its logo are trademarks of Blue Bird. All
other trademarks are property of Blue Bird unless otherwise designated or clearly
implied as belonging to third parties. Nothing contained on the Site grants by
implication, estoppel, or otherwise any license or right under any patent, trademark,
copyright (except as expressly stated above) to any proprietary rights of Blue Bird or
of any third party.
You are authorized by Blue Bird to copy, transmit or display
information registered or owned by Blue Bird on any page of the Site only for your
personal, non-commercial use. If you do so, it must include any copyright, trademark or
service mark attribution as it appears on such page. The information and materials
contained at the Site may not otherwise be copied, transmitted, displayed, distributed,
downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted,
used to create a derivative work or otherwise used for commercial or public purposes
without Blue Bird's prior written consent.
The Site, including this page, may contain other proprietary
notices and copyright
information, the terms of which must be observed and followed. Certain images and
information at the Site are the copyright or trademark of third parties and any use is
subject to the terms and conditions of such third parties.
3. DMCA Notifications.
Pursuant to the Digital Millennium Copyright Act, Blue Bird
Financial Corporation has designated an agent to receive notifications of alleged
copyright infringement. If you believe that your work has been used in a way that
constitutes copyright infringement, please send a notice, including all of the following
information: (1) a description of the work allegedly infringed; (2) the location of the
allegedly infringing work, including the URL; (3) your name, address, telephone number,
and email address; (4) a statement signed by you that you have a good faith belief that
the disputed use is unauthorized under current law; and (5) a statement signed by you
that you believe, under penalty of perjury, that your allegations are true and that you
are the copyright owner or acting on behalf of the copyright owner with their
4. DMCA Counter-Notifications.
If you have a good faith belief that the material you posted
was removed or disabled as a result of mistake or misidentification in a DMCA takedown
notification, you may contest the takedown by submitting a DMCA counter notification.
The counter notification must fully comply with the requirements of 17 U.S.C. 512(g)(3).
If we receive a compliant counter notice, we will wait 10 days and then re-enable your
content unless the copyright owner initiates a legal action against you before then or
Blue Bird determines, at its sole discretion, that the content at issue is not
appropriate for inclusion.
By using the Site you agree that we may market our services
and the services of other companies through the use of banner ads, “hyper-links,” and
other similar marketing devices. This is so even if you have chosen to opt out of other
marketing offers from us. Blue Bird has sole discretion to decide what products to
offer. Such products may be provided by companies not affiliated with Blue Bird.
Non-affiliated companies are solely responsible and liable for the provision of or
failure to provide stated services, benefits, or products. Blue Bird does not endorse
or guarantee products or services provided by non-affiliated companies and such products
or services are neither FDIC insured or bank guaranteed.
6. Links to Other Websites.
Some sites listed on the Site are not under the control of
Blue Bird, but rather are exclusively controlled by third parties. Accordingly,
Blue Bird makes no representations concerning such sites. If Blue Bird provides a
link to a third party site, it is not an authorization, endorsement, sponsorship or
affiliation by Blue Bird with respect to such site, its owners or its providers.
Blue Bird provides these links only as a convenience to you. Blue Bird has not
tested any information, products or software found on such sites. We cannot make any
representations respecting them. It is up to you to ensure that whatever you select is
free of viruses, worms, trojan horses and other items of a destructive nature.
7. Changes or Amendments.
We may change, suspend, or discontinue the Site, or any of its
features at any time without notice. We may amend any of this Agreement’s terms at our
sole discretion by posting revised terms on the Site. Unless otherwise indicated, when
you use the Site after the effective date of the revised Agreement you accept the terms.
Blue Bird assumes no liability for any errors or omissions in the information
contained at the Site and expressly disclaims any responsibility to update the
information contained at the Site.
Your rights under this Agreement will cease without notice if
you fail to comply with any of its terms. In such a case, we may immediately stop your
access to the Site.
We may provide you with notices related to the Site by email,
text message/SMS, regular mail, or postings on the websites or apps related to the Site.
Your use of the Site is subject to the Electronic Communications Disclosure
(“eCommunications Disclosure”). This allows us to provide you with certain
communications and other records electronically.
10. Tech Support.
Blue Bird may not be able to provide support for the Site.
If Blue Bird provides support, it will be in addition to other support for your
Account. You agree to any support rules, policies, and determinations.
You agree that any suggestions, comments, and feedback you
submit to Blue Bird (“Feedback”) shall be the property of Blue Bird. Blue Bird is
free to use any Feedback without any restriction of any kind. This includes without
limitation the right to reproduce, display, transform, distribute and create derivative
works. Blue Bird can also use any ideas, concepts, know-how or techniques in such
Feedback for any purpose.
12. Disclaimer of Warranty.
Blue Bird PROVIDES ACCESS TO THE SITE “AS IS.” Blue Bird
MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION. Blue Bird DISCLAIMS ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ORAL OR
WRITTEN ADVICE OR INFORMATION GIVEN BY US CREATES ANY KIND OF WARRANTY NOT EXPRESSLY
STATED IN THIS AGREEMENT.
The information contained on the Site may include technical
inaccuracies or errors. Blue Bird may from time to time amend, change, add, delete,
update or alter the information contained at this Site, including information regarding
the products and services described at the Site, without notice.
13. Limitation on Liability & Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK
THAT MAY RESULT FROM YOUR USE OF THE SITE AND ANY THIRD-PARTY SITES, INCLUDING LOSS
ASSOCIATED WITH ANY COMPUTER VIRUSES. YOU AGREE NOT TO HOLD US LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO YOUR
ACCESS OR USE (OR INABILITY TO ACCESS OR USE) THE SITE, REGARDLESS OF WHETHER THEY’RE
BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. THIS INCLUDES
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.
IN STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES MAY NOT APPLY, OUR LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE
EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED TEN
You agree that you are personally responsible for your conduct
while using the Site. You agree to indemnify, defend, and hold harmless Blue Bird and
our respective owners, affiliates, directors, officers, employees and agents from
claims, losses, expenses, liability, damages and costs (including, but not limited to,
direct, incidental, consequential, exemplary and indirect damages), and reasonable
attorneys’ fees, caused by or arising out of your use, misuse, or inability to use the
Site. This includes any violation by you of these terms. This provision will survive the
expiration or termination of this Agreement.