Effective April 2011
ELECTRONIC DELIVERY OF FUTURE DISCLOSURES AND OTHER COMMUNICATIONS
You agree to accept all disclosures and other communications between you and us on this Web Site or at the primary e-mail address associated with your PFC Account. You should print and retain a copy of all such disclosures and communications. You agree that PFC may send you notices at the primary e-mail address associated with your PFC Account, including but not limited to the following:
- If your online access has been locked due to incorrect password entries
- Past due payment notices
- Payment due notices
- Rejected payment notices
- Payment processed notices
You may not access any PFC Account, register for, or utilize any of the Services unless you are the customer who owns the PFC Account, or you have been authorized to perform such actions by the customer who owns the PFC Account. If you are not so authorized, do not continue with the registration process or otherwise utilize any Services.
CHANGES TO THESE TERMS; ACCEPTANCE
BUSINESS DAYS AND CUTOFF TIMES
Our business days are Monday through Friday, excluding normal bank holidays. Account information is updated late in the night/early in the morning during business days and will generally be refreshed by 3 am Pacific Time of the most recent business day.
For online payments, if scheduled before the cut-off time of 4:30 p.m. Pacific Time, payments to accounts will be applied as of the next business day. Payments scheduled after the cutoff time will be applied as of the day after the next business day.
The Services are generally available 24 hours a day, 365 days a year, except for late Saturday night/early Sunday morning, when the system may be shut down for routine maintenance and upgrades.
YOUR USE OF THIS WEB SITE
We require that everyone use the Web Site and the Services only for lawful and appropriate purposes. Specifically, we require that you not:
- Violate the rights of others;
- Use any robot, spider, scraper, off-line reader, or other automated means to access the Web Site for any purpose without our express written permission;
- Attempt to gain unauthorized entry into PFC’s Web Sites or systems;
- Misuse any password or any information posted on this Web Site.
- Take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- Introduce or try to introduce any viruses, or other computer code, file or program that interrupts, destroys, or otherwise limits the functionality of this Web Site or the Services;
- Interfere with or try to interfere with the proper working of the Web Site or any activities conduct on the Web Site;
- Bypass any measures we may issue to prevent or restrict access to the Web Site;
- Impersonate another; or
- Interfere with another’s use and enjoyment of the Web Site.
From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by PFC or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.
Links to non-PFC web sites are provided solely as pointers to information on topics that may be useful to the web sites, and PFC has no control over the content on such non-PFC web sites. If you choose to link to a web site not controlled by PFC, PFC makes no warranties, either express or implied, concerning the content of such web site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does PFC warrant that such web site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Links to non-PFC web sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such web sites, or any representation regarding the content at such web sites.
ACCESS AND USE
Access to the Web Site or the Services may from time to time be unavailable, delayed, limited or slowed, or its ability to function properly may be affected, due to causes beyond the control of PFC, its affiliates, agents, and vendors, including but not limited to the following:
- hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service;
- strike or other stoppage (whether partial or total) of labor; or
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention;
PASSWORD SECURITY AND NOTIFICATION
If you have a password for access to non-public areas of the Web Site, you are solely responsible for all activities that occur in connection with your password. Accordingly, you should take steps to protect the confidentiality of your password. Notify PFC immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password. Notification can be made by phone, (800) 777-8525, or by mail, PACCAR Financial Corp., 777 106th Ave NE, Bellevue, WA 98004.
When you give someone your password for the Services, you are authorizing that person to use the Services for your PFC Account, and you are responsible for all transactions the person performs using the Services. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us through one of the methods described above that the person is no longer authorized, then transactions that person performs after the time you notify us are considered unauthorized. Transactions that you, or someone acting with you, initiates with fraudulent intent are also authorized transactions. For your protection, sign off after every Services session and close your browser to ensure confidentiality.
No PFC employee or affiliate will contact you via e-mail or telephone requesting your password for the Services If you are contacted by anyone requesting this information, please contact us immediately.
RELATION TO OTHER AGREEMENTS
When your PFC Accounts are linked co-owned or joint accounts, we may act on the properly communicated instructions of any authorized signer regarding your PFC Accounts.
TIMELINESS OF CONTENT
All content on the Web Site is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
PROPRIETARY RIGHTS; CONTENT
All content displayed on the Web Site and through the Services, including media, text, graphics, photographs, images, moving images, sound, “look and feel”, general design and illustrations ("Content"), is owned by PFC, its affiliates, licensors, vendors, or agents. All elements of the Web Site, the Services, and the Content are protected by intellectual property rights including trade dress, copyright, moral rights, trademark and similar proprietary rights.
NO WARRANTY; DISCLAIMERS
YOUR ACCESS OR USE OF THIS WEB SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. THE INFORMATION, CONTENT, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR OTHERWISE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PFC NOR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS, VENDORS, OR AGENTS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER PFC NOR ANY OF ITS RESPECTIVE AFFILIATES OR LICENSORS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATION OF LIABILITY
Neither PFC, its affiliates, nor their respective vendors, suppliers or licensors assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or the Services, or your downloading of any information or materials from this Web Site or the Services. IN NO EVENT WILL PFC, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, VENDORS, SUPPLIERS, LICENSORS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE OR THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, THE SERVICES, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
RELEASE AND INDEMNITY
APPLICABLE LAW, JURISDICTION AND VENUE
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.