Terms of Use Agreement
Updated March 26, 2019This Terms of Use Agreement (“Agreement”) is made between you and AFC and governs the terms of use of the website located at www.autofinance.com (or any successor to it) and any services, content or functionality available through or on the website and any AFC mobile applications (collectively, the “AFC Service”). “AFC” refers to Automotive Finance Corporation, Automotive Finance Canada Inc., and AFC Cal, LLC in their respective jurisdictions. All California transactions are through AFC Cal, LLC. California loans will be made pursuant to Department of Business Oversight California Finance Lenders License. Canadian transactions are through Automotive Finance Canada Inc.
The terms in this Agreement are in addition to AFC’s Privacy Policy, AFC’s Alerts Use Agreement, AFC’s Online Payment Agreement and any other separate terms and conditions from AFC which govern access to your account at www.autofinance.com.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING THE AFC SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THE TERMS AND CONDITIONS HEREIN ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THIS AGREEMENT AND POSTED TO THE AFC SERVICE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS THE AFC SERVICE.
The information, recommendations and other material contained on or via the AFC Service including, but not limited to, the text, images, graphics, sound, photographs, software and code (collectively, the “Content”), are presented in good faith and for general information only. The Content is believed to be correct as of the date presented. However, AFC does not make any representation or warranty as to the completeness or accuracy of any of the Content. You assume the entire risk of relying on the Content.
The Content is supplied on the condition that you or any other person receiving the Content will make your or its own determination as to its suitability for any purpose prior to any use of the Content. Should you use the Content, you agree not to do so in any manner that conflicts with any proprietary and/or intellectual property right, and neither AFC nor any of its related companies makes any representation or warranty, express or implied. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any other intellectual property right of AFC or any third party. The Content is protected by intellectual property laws. You may not copy, reproduce, harvest, scrape, manipulate, alter, modify, create derivative works, distribute, republish, upload, post, publicly display, or transmit the Content in any manner whatsoever, or otherwise utilize the Content in a manner that would infringe AFC’s intellectual property rights in the Content, without AFC’s prior written consent. AFC reserves all right, title and interest in and to its intellectual property.
Unauthorized use of the AFC Service, including but not limited to unauthorized entry or access to AFC’s systems and/or facilities is strictly prohibited. You are responsible for proper use of your information and password credentials and will establish commercially reasonable procedures to control the use of your password credentials and limit access to your identifying information to authorized individuals only. You understand and agree that information disclosed through the AFC Service may be lawfully transferred, tracked and/or retained. You further agree that you will not use the AFC Service or engage in any activities related to the AFC Service in a manner that violates applicable law or regulation or which would interfere with the rights of any third party. In the event that you breach any term or condition of this Agreement, you agree to indemnify, defend and hold harmless AFC and its affiliates and its and their officers, employees and agents from all losses, liabilities, demands, claims, damages and related costs and expenses arising from, relating to, or resulting from such breach.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE AFC SERVICE AND ITS CONTENT ARE PROVIDED “AS IS” AND NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NO INFRINGEMENT OR OF ANY OTHER NATURE ARE MADE WITH RESPECT TO THE AFC SERVICE, THE CONTENT OR ANY PRODUCT OR SERVICE REFERRED TO THEREIN.
AFC DOES NOT WARRANT THAT THE AFC SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION THAT MAY BE ASSOCIATED WITH USE OF THE AFC SERVICE AND ALL RISKS ASSOCIATED WITH USE OF THE AFC SERVICE AND ANY CONTENT OF THE AFC SERVICE.
IN NO EVENT WILL AFC, ITS RELATED COMPANIES, AGENTS OR LICENSORS BE RESPONSIBLE FOR DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM USE OF OR RELIANCE UPON THE CONTENT OR ANY PRODUCT OR SERVICE REFERRED TO IN THE CONTENT OR FROM YOUR INABILITY TO GAIN ACCESS TO THE AFC SERVICE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION OR LOST PROFITS RESULTING FROM OR CAUSED BY THE AFC SERVICE OR THE CONTENT, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE, EVEN IF THERE IS NEGLIGENCE AND/OR IF AFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. CONDITIONS AND/OR LIMITATIONS FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU.
Neither AFC nor any of its related companies makes a commitment to update or correct any Content that appears on the Internet or on the AFC Service. All Content on the AFC Service is protected by copyright laws.
Should any reader of the Content or other AFC published information respond with information including feedback data, such as questions, comments, suggestions or the like regarding the Content or other AFC published information, such information shall be deemed to be non-confidential and AFC shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose or distribute such information to others without limitation, subject to law, regulation and AFC’s Privacy Policy. You hereby assign to AFC all rights, title and interest in and to all such information that you provide and waive any moral rights therein (under Canadian law), and AFC shall be free to use any ideas, concepts, know-how or techniques contained in such information for any lawful purpose.
The AFC Service may from time-to-time provide links to other web sites that are third party websites and are not maintained by AFC. AFC is not responsible for the content of those third party websites. The inclusion of any link to a website does not represent or imply AFC’s endorsement of the website. Such third party websites may have separate privacy and data collection practices, independent of AFC. AFC has no responsibility or liability for these independent policies, or lack thereof, any actions or omissions of such third party websites or the owners thereof, or any of your actions or omissions when linking to such third party websites from the AFC Service which you do entirely at your own risk.
AFC is concerned about your privacy and has developed a Privacy Policy to address how we collect and use the content and information generated by users of the AFC Service. By accessing the AFC Service, you also acknowledge and agree with the terms and principles of the Privacy Policy and consent to the use of your personal information as described therein.
The AFC logo is a trademark of Automotive Finance Corporation, an Indiana corporation, licensed to its affiliates, Automotive Finance Canada Inc., an Ontario corporation, and AFC Cal, LLC, a California limited liability company. All rights reserved.
