Effective date: November 9, 2015
Table of Contents
If you choose to use AFC's One-Time Automatic Clearinghouse Payment Option (the "Electronic Check Option") to make one or more payments under your Agreement(s) with AFC, you agree that AFC may store your bank account information, at your option, for future payments.
Your Consent to Other Agreements
Ownership of this Site and its Content
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Electronic Check Option/Payment Instructions
When you use the Electronic Check Option to make a payment under an Agreement with AFC, you will authorize and instruct AFC to initiate a debit to a deposit account you maintain with a bank or other financial institution (a "Bank Account") and to apply the payment amount you specify to the debt you owe under your Agreement (your "Agreement Balance") in accordance with the terms of your Agreement. You understand and agree that when you use the Electronic Check Option to make a payment, your payment instruction may be processed and the Bank Account may be debited as early as the day you submit your payment instruction. However, the payment will be credited to your Agreement Balance no earlier than the next business day after you submit your payment instruction. If for any reason AFC is required to return all or any portion of a payment made through the Electronic Check Option and credited to your Agreement Balance, AFC may add that amount back to your Agreement Balance as though the payment never was received. Once you submit a payment instruction using the Electronic Check Option, you may not be able to modify it or to cancel it. You may contact Customer Service at the number shown on the payment confirmation screen and AFC will make reasonable efforts to modify or cancel the payment at your request, but shall have no liability for failure to do so. You agree that any fees or taxes associated with your use of the Electronic Check Option (such as bank fees or fees of internet service providers or telecommunications providers) are your responsibility and are payable by you.
AFC will use reasonable efforts to execute your Electronic Check Option payment instructions properly. However, AFC shall incur no liability if AFC is unable to complete any payment transaction because of the existence of any one or more of the following circumstances: (i) the Bank Account does not contain sufficient funds to fulfill the payment instruction; (ii) the Electronic Check Option is not working properly and you know or have been advised about the malfunction before you submit the instruction; (iii) you have not provided the correct information, including but not limited to the correct Bank Account information; and/or (iv) circumstances beyond the control of AFC (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution or interference from an outside force) which prevent the proper execution of the instructions. Further, AFC may terminate the Electronic Check Option, or your ability to use the Electronic Check Option, at any time without prior notice to you.
Each time you use the Electronic Check Option, you represent and warrant to AFC that (i) you are an owner of or authorized signer on the designated Bank Account, (ii) you are authorized to make the requested debit and your authorization has not been terminated, in whole or part, by operation of law or otherwise, and (iii) the information you provide to identify the Bank Account is true and correct. You acknowledge and agree that if your instructions identify an account by name and account number, the relevant financial institution may execute those instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge that the financial institution holding the account may choose not to investigate discrepancies between account names and account numbers and you agree that AFC has no responsibility to investigate discrepancies between account names and account numbers. You agree to indemnify AFC against any loss, cost, liability or expense (including attorneys' fees and expenses) resulting from any claim of any person that AFC is responsible for your acts or omissions in connection with your use of the Electronic Check Option.
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APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
WITHOUT LIMITING THE FOREGOING IN ANYWAY, YOU AGREE TO RELEASE AFC FROM ANY AND ALL LIABILITY, DIRECT OR INDIRECT, ASSOCIATED WITH, IN CONNECTION WITH, ARISING OUT OF, OR RELATED TO A KNOWN OR UNKNOWN BREACH OF AFC'S SECURITY NETWORK. AS SUCH, YOU AGREE TO HOLD HARMLESS AFC FOR ANY AND ALL BREACHES OF AFC'S SECURITY NETWORK, DESTRUCTION, HARM, VULNERABILITIES, VANDALISM, SABOTAGE, OR ANY AND ALL FUTURE EVENTS, FORESEEN OR UNFORESEEN IN WHICH THE CUSTOMER'S FINANCIAL INFORMATION, PRIVATE INFORMATION, OR IDENTITY IS OR BECOMES PUBLICLY DISCLOSED OR MADE KNOWN OTHERWISE THAN THROUGH AFC'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
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Modification and Discontinuation
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Governing Law, Jurisdiction and Venue
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AGCO Finance LLC