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Terms of Use

User Agreement

This user agreement is a contract between you and Solera Auto Finance (“Lender”, “we”, or “us”) that governs your use of your Profile (see “Setting Up Your Profile” below) and the technology products and services we offer (collectively, the “Products” and the “Services”). These products and services are related to your auto finance loan account (your “Loan Account”) with us. Nothing herein changes any of the terms or conditions of your financing with us, or your Loan Account.

For an individual to create a Profile and use the Products and Services, you must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence.

By downloading, installing, or accessing Lender Products on your smartphone, tablet, or personal computer (PC) you agree to comply with all the terms and conditions of this user agreement, so please read all the terms and conditions carefully. You also agree to comply with the following additional policies and agreements:

We may update or change this user agreement at any time by posting a revised version on our website or by notifying you in-App or by email using the contact information associated with your Profile or your Loan Account. The revised version will be effective at the time we post it or notify you. If we change the user agreement in a way that reduces your rights or increases your responsibilities, we will provide you with 30 days’ prior notice by posting notice at: mylendersloan.com.

Payix Incorporated

The Products and Services are supported by our technology vendor, Payix Incorporated (“Payix” or our “Vendor”). Payix has developed and licensed to us the Lender Products, including a smartphone mobile application (the “App”) that you can install on your smartphone. The Lender Products (including the App) are at heart a gateway between you and us. You can make payments on your Loan Account and communicate with us straight from the App on your phone or through other Lender Products on your PC. Your payment funds are never touched by our Vendor; the technology simply helps get the payment from your bank or card account to us to save you the hassle of making your payments to us in person or over the phone.

Setting up your Profile

In order to access and use our Products and Services, you will set up a Lender Technology Products and Services Profile (your “Profile”). You will need to create a secure username and password, which may include your email address, Facebook credentials, or Google+ credentials. We also encourage you to include a mailing address, and phone number as this will increase our ability to contact you. Your Profile is separate from your Loan Account, so any information you provide us does not change or replace your Loan Account information.

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access your Profile and the Products and Services. You are responsible for keeping your mailing address, email address and other contact information up-to-date in your Profile.

Linking Your Loan Account

We may assist you in linking your Profile to your Loan Account. This will allow you to make payments on your loan as well as communicate with us on important issues regarding your loan or your vehicle.

Our Vendor does not assume any liability with respect to your loan, your relationship with us, or any communications you have with us. Our licensed Products and Services offer a convenient way for you and us to communicate and for you to make payments.

Link or Unlink a Payment Method

You can link or unlink a debit card, credit card, or a U.S. bank account to your Profile as a payment method. Please keep your payment method information current (e.g., credit card number and expiration date). If this information changes, we may update it as directed by your bank or card issuer without any action on your part. Your credit card primary account number (PAN) will be encrypted and stored securely. Your PAN is never sent or stored without first being encrypted.

Payment Transactions

You can make a Loan Account payment once a payment method has been established. You can also schedule a payment to transact on a future date. A scheduled payment transaction, once scheduled, requires no additional action by you to transact. We may restrict some functionality based on the status of your Loan Account or for other reasons; if any Product or Services does not appear to be functioning properly, please contact us.

Internet Access

Access to the internet is required for all Products and Service to function properly. Although some features may appear to work without internet access, without this access you should not expect payment transactions or Lender messages to be successful transmitted, or rely on the accuracy of any numbers, dates, or text displayed. Previously scheduled payments will not be affected by loss of internet access by your smartphone, tablet, or PC.

Payment Dispute Resolution Process

You hereby covenant to not file a credit card or debit card chargeback regarding any payment made on your Loan Account which you have authorized using any of our Products or Services. You understand and agree that this covenant regarding chargebacks is a material inducement to us to permit your creation of a Profile and continued use of the App, Products, or Services. In the event that you breach this covenant and file a chargeback, upon a resolution in our favor of the chargeback by either the credit card issuing bank, the credit card processor or by VISA, MASTERCARD, DISCOVER CARD, or AMERICAN EXPRESS, you agree to reimburse us for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit card processor or our banks, other third parties, and the reasonable value of the time of our employees and owners spent on the matter, as determined in our discretion in good faith. You understand and agree that if you breach this covenant and file a chargeback regarding any payment you authorized, and without regard to the resolution of any such chargeback, we will have the right (but not the obligation) to immediately terminate this Agreement, close your Profile and terminate your ability to use the App and any other Products or Services, with no further notice to you and at no cost to us.

Miscellaneous

  1. Consent to Use of Data. You agree that we and our Vendor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to our Products and Services. We may use this information to improve our Products or to provide Services or technologies to you.
  2. Services; Third Party Materials. Our Products or Services may enable access to third party content, images, information, services, and web sites (collectively and individually, “Content”). Use of this Content may require Internet access and that may require you to accept additional terms of service.

    You understand that by using any of the Content you may encounter information that may be deemed offensive, indecent, or objectionable, which information may or may not be identified as having explicit language or images, and that the results of any search or entering a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Content at your sole risk and that we shall not have any liability to you for Content that may be found to be offensive, indecent, or objectionable.

    Certain Services may display, include or make available data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third party web sites. By using the Content, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. We do not warrant or endorse, and do not assume or have any liability or responsibility to you or any other person for, any third-party Content, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Content providers is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Content, you should consult with a financial professional. Location data provided by any Content is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither of us nor any of our content providers guarantee the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed.

    You agree that any of our Products or Services containing proprietary information and material is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Products or Services. No portion of the Products or Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Products or Services, in any manner, and you shall not exploit the Products or Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Products or Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Products or Services.

    In addition, third party Content and Third-Party Materials that may be accessed from, displayed on or linked to from your smartphone device, tablet, or PC are not available in all languages or in all countries. We make no representation that such Content and materials are appropriate or available for use in any particular location. To the extent you choose to access such Content, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to any Products or Services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such Products or Services. We may also impose limits on the use of or access to certain Products and Services, in any case and without notice or liability.
  3. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY US ARE PROVIDED “AS IS’ AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE, AND OUR VENDOR, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCTS AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCTS AND SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY SHOULD THE PRODUCTS OR SERVICES PROVE DEFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  4. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCTS OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  5. You may not use or otherwise export or re-export any part of the Products or Services except as authorized by United States law and the laws of the jurisdiction in which the Products and Services was or were obtained. In particular, but without limitation, the Products and Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Products and Services you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products or services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
  6. The Products and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  7. The laws of the State of Texas, excluding its conflicts of law rules, govern this agreement and your use of the Products and Services. Your use of the Products and Services may also be subject to other local, state, national, or international laws.

Acceptable Use Policy

You are independently responsible for complying with all applicable laws in all of your actions related to your use of the Products and Services, regardless of the purpose of the use. You must also comply with all terms and conditions of your finance agreement and Loan Account with Lender.

In addition, you must adhere to the terms of this Acceptable Use Policy.

No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use, the Products or Services for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

TCPA Consent

Consent to Contact

I understand and agree that by installing the App or accessing the Products and Services on my smartphone, tablet, or PC, I consent to Solera Auto Finance (“Lender”) and Payix Incorporated (“Payix”, and together with Lender, “you”) contacting me at the cellular telephone number associated with my devices, including by using certain automated technology (auto dialers) to automatically generate phone calls or text messages (SMS or MMS) or in-App chat messages to my device. I also consent to you contacting me at this device and phone number by using pre-recorded messages, which may include artificial voice recordings.

Withdrawing My Consent

I will withdraw my consent to be contacted by automated technology and/or via the use of prerecorded messages by:

  1. Writing to Lender at “Attn: TCPA Consent, ”;
  2. Writing to Payix at “Attn: TCPA Consent, PO BOX 201, Colleyville, TX 76034”; or
  3. Contacting Payix via email at: [email protected]

I understand and agree that if I fail to provide my consent or if I withdraw my consent to by contacted by automated technology and/or via the use of prerecorded messages, you reserve the right to either deny or restrict my access to the Products and/or Services.

Electronic Communications Delivery Policy (E-Sign Disclosure and Consent)

This policy describes how Solera Auto Finance (“Lender”) and Payix Incorporated (“Payix”, and together with Lender, “we” or “us”) deliver communications to you electronically. We may amend this policy at any time by posting a revised version on our website or delivering it to you in-App or by email to the email associated with your Profile. The revised version will be effective at the time we post it or deliver it. In addition, if the revised version includes a substantial change, we will provide you with 30 days’ prior notice by posting notice of the change on Lender’s website.

Electronic delivery of communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Profile or your Loan Account and your use of our Products and Services. Communications include:

We will provide these Communications to you by delivering them to you in-App, posting them to your Profile, and/or by emailing them to you at the primary email address listed in your Profile.

Hardware and software requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from us. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

How to withdraw your consent

You may withdraw your consent to receive Communications electronically by contacting us via email at [email protected] or by writing to us at “Attn: Electronic Communications Delivery Policy, PO BOX 201, Colleyville, TX 76034.” If you fail to provide or if you withdraw your consent to receive Communications electronically, we reserve the right to either deny your ability to create a profile, restrict or deactivate your profile, or charge you fees for paper copies.

Requesting paper copies of electronic Communications

If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your “Home” address in Profile. If you request paper copies, you understand and agree that we may charge you a reasonable records request fee for each Communication.

Updating your contact information

It is your responsibility to keep your Profile up to date so that we can communicate with you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because your contact information is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add us to your email address book so that you will be able to receive the Communications we send to you.

If your email address or cellphone number becomes invalid or otherwise unavailable such that electronic Communications sent to you by us are returned, we may deem you to be inactive, and you will not be able to transact any activity using the Products and Services until we receive valid, working contact information from you.