Terms and Conditions
Your Right to Access and Use volvocarfinancialservices.com
The right to access and use vovlocarfinancialservices.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use volvocarfinancialservices.com for lawful purposes and pursuant to the terms and conditions of this Agreement.
By accessing and using volvocarfinancialservices.com, you are indicating your acceptance to be bound by this Agreement and you agree to comply with all of the terms and conditions of this Agreement. If you do not accept the terms and conditions stated in this Agreement, you may not access or use volvocarfinancialservices.com. VCFS may revise this Agreement at any time by modifying this page. You should visit this page periodically to review any changes to this Agreement because the terms and conditions herein are binding on you, even if they have changed from the last time you reviewed this Agreement. If at any time you find this Agreement unacceptable, or no longer agree to any of its terms or conditions, your right to access or use volvocarfinancialservices.com immediately terminates and you are no longer allowed to use volvocarfinancialservices.com.
Any action by you that, as determined by VCFS, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying volvocarfinancialservices.com shall not be permitted, and may result in your loss of the right to access and use volvocarfinancialservices.com.
To prevent unauthorized access to your account on volvocarfinancialservices.com, you agree to keep your user name, password and any other security or access information (collectively, "Access Information") confidential. VCFS recommends that you memorize your Access Information and do not write it down. You agree not to give or otherwise make available your Access Information to any unauthorized individual.
Volvocarfinancialservices.com is generally available for your use seven (7) days a week, 24 hours a day. However, from time to time, VCFS or its service provider may perform maintenance upon or experience hardware, software or other problems related to volvocarfinancialservices.com, resulting in interrupted service, delays, or errors. Under certain circumstances, VCFS may deny your access to volvocarfinancialservices.com, or the processing of transactions, in order to maintain or restore security or performance to the site or VCFS' systems. VCFS may also do so if it reasonably believes your access information, such as your user name and/or password has been compromised or may be obtained or is being or may be used by an unauthorized person(s), although it has no responsibility to do so.
You agree that all electronic communications that VCFS receives from you via volvocarfinancialservices.com or as otherwise connected with a transaction occurring via volvocarfinancialservices.com, such as those directing us to take an action with respect to your account, will be deemed valid, authentic, and binding obligations. These communications will be given the same legal effect as your written and signed paper communications, shall be considered a "writing" or "in writing," and shall be deemed for all purposes (i) to have been "signed" and (ii) to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering. You also agree such copies shall be admissible as evidence in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in paper form.
If bill payment is available through volvocarfinancialservices.com, VCFS, or a third party acting as our contractor, we will use reasonable efforts to complete bill payments according to your instructions. However, neither a third party service provider nor we will be liable in any way (including, but not limited to, payment processing errors or fees):
- If, through no fault of our own or of our contractor, you do not have enough available funds or credit in your account to complete a transaction, or if your account has been closed;
- If the bill payment feature is not working properly and you knew or were told about the malfunction before you started the transaction;
- If you have not properly followed instructions on how to make a bill payment;
- If you do not provide VCFS with complete, correct, and current payment information and contact information, or if you otherwise do not give complete, correct, and current instructions;
- If you do not authorize a bill payment in time for your payment to be made and credited by the due date;
- If withdrawals from your account have been prohibited by a court order such as a garnishment or other legal process;
- If we or our agent reasonably believe that a transaction may be unauthorized;
- If your computer, computer system, wireless phone, wireless service or any related equipment and software is or was not working properly;
- If circumstances beyond our or our contractor's control prevent making a bill payment including, but not limited to, computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters, terrorist acts or war; and
- In any other set of circumstances as set forth in any additional agreements between VCFS or its contractors or any other third party and you respecting such payment.
Intellectual Property Rights
Images of vehicles, people or places displayed on volvofinancialservices.com are either the property of, or used with permission by, VCFS. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on volvofinancialservices.com. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on volvocarfinancialservices.com, including, without limitation, the names "Volvo Car Financial Services U.S., LLC," "volvocarfinancialservices.com," "Volvo Cars of North America, LLC," "volvocars.com," "VCFS Auto Leasing Company" and their respective logos are registered and unregistered Trademarks of Volvo Car Corporation, its affiliates or their rightful owners. Nothing contained on volvofinancialservices.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on volvofinancialservices.com without the written permission of VCFS or such third party owners of the Trademarks. Any use of third party Trademarks on volvocarfinancialservices.com is done either by permission of the Trademarks' owners, or as part of a "News" story or feature and subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting VCFS any official status with any third party, unless otherwise noted. Your use of the Trademarks displayed on volvocarfinancialservices.com except as provided in this Agreement, is strictly prohibited. You are also advised that VCFS and its affiliates will aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The data and content contained on or downloaded from volvocarfinancialservices.com (collectively, the "Content") are, as between VCFS and you, the copyrighted property of VCFS, which also owns a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content. You agree to use volvocarfinancialservices.com strictly for your own purposes. You may not sublicense, assign, or transfer this Agreement without the express written consent of VCFS. You hereby understand and agree that the use of volovocarfinancialservices.com is completely voluntary and not required by VCFS.
Without the prior written consent of VCFS, you may only print, download or otherwise use the Content in printed format; however, you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of Content.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use other than personal, non-commercial use of the Content is permitted without the express prior written permission of VCFS or its licensors.
You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.
You shall be solely responsible for any damage resulting from your infringement of VCFS' intellectual property, or any other harm incurred by VCFS as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use for purposes other than personal, non-commercial use of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement.
No Representations or Warranties Regarding Content
VOLVOCARFINANCIALSERVICES.COM AND THE CONTENT ARE BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. VCFS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT.
VCFS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM VOLVOCARFINANCIALSERVICES.COM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON VOLVOCARFINANCIALSERVICES.COM.
Links to Third Party Sites
Cookies and Other Information Collection Mechanisms
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use volvocarfinancialservices.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of volvocarfinancialservices.com.
Limitations on VCFS' Liability
VCFS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF REVENUE OR BUSINESS, AS A RESULT OF:
(i) YOUR ACCESS AND USE OF VOLVOCARFINANCIALSERVICES.COM;
(ii) YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL OR COMMERCIAL USE;
(iii) YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY VCFS' PRIOR WRITTEN PERMISSION REGARDING THE SAME;
(iv) YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED, PRINTED, OR ADVERTISED FROM VOLVOCARFINANCIALSERVICES.COM.
(v) YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED OR PRINTED FROM VOLVOCARFINANCIALSERVICES.COM.
You shall defend, indemnify and hold harmless VCFS and each of its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) any access or use of volvocarfinancialservices.com by you.
Third Party Rights
This Agreement is for the benefit of VCFS, its affiliates, and third party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on their behalf.
You acknowledge that VCFS may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, VCFS shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of New Jersey Superior Court, Bergen County, or the United States District Court, District of New Jersey. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
If you are presently in a bankruptcy proceeding or have received a discharge in bankruptcy and not reaffirmed this debt, you have no obligation to pay any amount due.
This Agreement is to be governed and construed in accordance with the internal laws of the State of New Jersey, without regard to principles of conflicts of laws.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any 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.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by VCFS from time to time, shall survive any termination of this Agreement or non-use of volvocarfinancialservices.com by you.