TERMS & AGREEMENT FOR USE OF ONLINE PAYMENT SERVICE

1.     Definitions 
"Service" means the CARS AND CREDIT OF JACKSONVILLE ("Cars and Credit") Customer Payment Portal service provided by Pay Near Me (“Payment Portal”) for use by customers that have financed a vehicle purchase from Cars and Credit of Jacksonville or Select Car and Truck Store and seek to make payment on such account (which may be owned by a Cars and Credit of Jacksonville or Select Car and Truck related finance company), and any other online product or service offered through Cars and Credit of Jacksonville and Select Cars and Trucks website in which you have enrolled, which allows you to electronically access to your Account (as defined below) and transaction information and view statements or other disclosures on a personal computer or wireless device. The words "we", "us", and "our" refer to Cars and Credit of Jacksonville and Select Car and Truck Store or its related finance company(ies), as applicable, and any agent, independent contractor, designee or assignee that Cars and Credit of Jacksonville and Select Car and Truck Store or such related finance company may, in its sole discretion, involve in the provision of the Service. The words "you" and "your" mean the individual(s) or entity(ies) using the Service. As used in this Terms & Agreement For Use of Online Payment Service ("Agreement"), "Account" means the account(s) established as a result of your vehicle financed through Cars and Credit of Jacksonville or Select Car and Truck Store, whether currently owned by it or a related finance company.

2.     Applicability
This Agreement between you and Cars and Credit of Jacksonville governs your use of the Service. By subscribing to the Service or using the Service, you agree to the terms of this Agreement. Please read this Agreement carefully and in its entirety. We suggest that you print a copy of this Agreement.

3.     The Service 
You may use an electronic device to access the Service, and can use the Service to make payments or direct us to make payments to your Account(s). You may also access Account and transaction information on your eligible Account. Not all Cars and Credit accounts may be eligible for electronic payments using the Service. You may access the Service using the Cars and Credit Website. You agree that you will use the Service, and any products or services received as a result of your use of Service, in a manner consistent with this Agreement. We may also add, modify, or delete any feature of the Service in our sole discretion. We may, but are not required to, provide you with notice of any change or termination in the Service. We may, but are not required to, send you notice when new features are added to or changed on the Service.

You agree to indemnify and hold Cars and Credit of Jacksonville and Select Car and Truck Store, including their related finance companies, as defined above, and all third party content providers which provide content for the Service (either through links or otherwise), harmless from any loss, including reasonable attorney’s fees, related to any claim made by any third party relating to content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, and any harm you cause another user of the Service.

 4.     Software and Hardware Requirements 
You may access the Service using the Cars and Credit of Jacksonville and Select Car and Truck Store Website at carsandcreditjax.com and selectcarstrucks.com.

For your security, you should run up-to-date virus and spyware protection software on your personal computer. You should also have a personal firewall installed and up-to-date. Finally, you should keep your operating system patched and up-to-date as well.

Device 
You may use any internet capable device or personal computer to access the website

Document Viewing 
Documents available for viewing may require software such as Adobe PDF Viewer or similar products.

5. Security

         Additional Security Measures 
          In addition you may be able to create a User ID and Password with Pay Near Me, and provide responses to additional authentication questions in order to verify your identity. We reserve the right to prevent access to the Service for security reasons or if we suspect fraud. You agree to cooperate with us in the investigation and prosecution of any person who has obtained and used your User ID and Password without your authorization. Cars and Credit does not and will not assume any liability for unauthorized or fraudulent use of the Service.

        You agree not to give or make available your Account number(s) to any person who is not authorized to access your Account(s). If someone to whom you have granted authority to use your account exceeds such authority, you are fully liable for all transfers and payments made by such person until you have notified us that you have terminated the authority granted to such person and have given us a reasonable period of time to act upon such notice. We may require that you put such notice in writing. Upon receipt of such notice, we may require you to immediately change your account information, and to identify the person or persons you believe to have exceeded such authority.

       We reserve the right to refuse to allow you to use the Service. Any user of this Service shall comply with all applicable laws and regulations, including the laws and regulations administered by the U.S. Treasury Office of Foreign Assets Control (OFAC).

 6.         Balance Inquiries 
You may use the Service to check the balance of your Account(s). The balances shown may differ from your records because they may not include recent payments or charges. No fee is charged for access to the Service.

 7.         Payments 
You may make payments through the Service to your Account(s). If available, you can set up automatic payment of your Account(s) from a checking account via ACH or via debit card and any other methods offered by Pay Near Me. Pay Near Me offers multiple methods to make your payment. You may schedule payments to be processed on the day that you schedule a payment, on a future date, or on the same date each month, subject to the restrictions in this Agreement.

8.         Stopping or Modifying Payments 
You can manage recurring autopayment schedule through the service. If you need additional assistance, you can contact us for assistance. 

9.         Cut-off Time for Payments Made by Bank Account or Credit / Debit Card
Generally, debit card and one-time bank account payments made before 11:00 P.M Eastern Time, USA, on a day that is not the last day of the month will post to the Account on the same day. Generally, payments made after 11:00 P.M. Eastern Time, USA, on a day that is not the last day of the month will post to the Account on the next day.  However, there are many circumstances beyond the control of Cars and Credit and Pay Near Me (and other service providers) that may interfere with the timely posting of accounts; therefore, it is strongly recommended that you not wait until the payment due date to make a payment.

10.       Communications Consent 
You agree that Cars and Credit and any of its affiliates, agents or service providers may call you, leave you a voice prerecorded, or artificial voice message, or send you an e-mail, or other electronic message for any purpose related to the servicing and collection of your Account(s), for surveys or research or for any other informational purpose related to your Accounts(s) (each a “Communication”). You agree that Cars and Credit and any of its affiliates, agents or service providers may call you at any telephone number associated with your Account(s), including cellular telephone numbers, and may send an e-mail to any email address associated with your Account(s), including any phone numbers, e-mail addresses or any other contact information provided by you regarding your use of the Service. You also agree that Cars and Credit and any of its affiliates, agents or service providers may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. Cars and Credit will not charge you for a Communication, but your service provider may. In addition, you understand and agree that Cars and Credit and any of its affiliates, agents or service providers may always communicate with you in any manner permissible by law that does not require your prior consent.

11. Change in E-Mail Address or mobile phone number
If the e-mail address you provide to Cars and Credit regarding the Service should change, you must contact us immediately to update your account. We are not responsible for communications or other information that is not received by you due to you not having an updated email address and mobile phone number on file. We are not responsible for any fees or delinquency status that you may incur because your communication is not received. You are still responsible for making your monthly payments due on or by the contractual due date.

12.  How to Withdraw Consent / Termination 
You may terminate your use of the Service by providing notice at least ten (10) days prior to the date on which you wish to have your Service terminated. You may terminate it by contacting us at our then current phone and address or by using the Service. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a request to terminate your use of the Service. We may require that you put your request in writing. If there is more than one Account owner or if more than one person is authorized to access the Account via the Service, we may terminate the Service upon the request of any Account owner or person authorized to access the Account. Subject to applicable law, we may terminate your use of the Service, in whole or in part, at any time without notice. Upon termination, you will remain liable for payments and other transactions in process, and all accrued fees and charges.

13.   Joint / Multiple Owner Accounts
For joint Accounts, the primary email address and phone number provided at time of enrollment will receive any applicable Communications, subject to any changes you make to such email address through the Service or by contacting us. It is your responsibility to notify us if your contact information changes. You can update your contact information via the Service or by contacting us at our then current phone number or address on our Web Site.

14.        Errors with Transactions Regarding Your Account 
Errors may occur regarding your Account due to circumstances beyond our control that prevent the proper completion of a transaction despite reasonable precautions by us to avoid these circumstances. Such circumstances include, but are not limited to, fire, flood, delay in U.S. Mail, interruption in your electrical power or telephone, the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality, or any defect or malfunction of your electronic device or related software, hardware of telephone line. Furthermore, errors may occur if you have not properly followed the instructions for using the Service.

15.       Error Resolution Notice 
In case of errors, unauthorized access, or questions about the Service or your Electronic Payments, you can contact us:

PHONE

904-693-0544 or 904-695-1885

Or write:

Cars and Credit of Jacksonville Customer Support 
1200 Cassat Avenue

Jacksonville, FL 32205

Or Email

support@carsandcreditjax.com

Contact us as soon as you can if you think your statement or information regarding a transaction is wrong or you need more information about a transaction, or if you believe your information has been compromised.

When contacting us regarding an error resolution, please be prepared to communicate the following information: 

If you tell us orally, we may require you to send us the information or question in writing.

16.       Electronic Messaging 
This Service provides you with the ability to receive electronic messages from us. Please remember that we will not receive replies from you in messages sent via the Pay Near Me consumer portal or engagement system.   You can email us at support@carsandcreditjax.com. If you need to contact us immediately, please call us at the above mentioned numbers.

Electronic messaging CANNOT be used to notify us of lost or stolen User IDs or Passwords or unauthorized transactions. Notice of these occurrences must be done as specified in the Section titled Error Resolution Notice. From time to time, we may send important notices to you concerning your use of the Service by electronic messaging. The electronic messaging service may not be used to send or receive email messages to or from the general public.

17.       Disclaimer of Warranty and Limitation of Liability 
WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO YOU OR TO ANY OTHER PERSON IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT, THE SERVICE OR ANY SOFTWARE OR EQUIPMENT USED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERROR, OR THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED PURSUANT TO THIS AGREEMENT OR BY REASON OF YOUR USE OF THE SERVICE, INCLUDING LOST DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR ANY OTHER LEGAL THEORY.

WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY RESULTING FROM AN INTERRUPTION IN THE AVAILABILITY OF THE SERVICE, OR ANY COMPUTER VIRUS THAT YOU MAY ENCOUNTER USING THE SERVICE. WE ENCOURAGE YOU TO ROUTINELY SCAN YOUR ELECTRONIC DEVICE USING A RELIABLE VIRUS PROTECTION PRODUCT TO DETECT AND REMOVE VIRUSES FROM YOUR ELECTRONIC DEVICE.

BY ACCESSING THE SERVICE, YOU AGREE TO WAIVE ALL CLAIMS AGAINST CARS AND CREDIT AND ANY THIRD PARTY CONTENT PROVIDERS REGARDING THE INFORMATION PROVIDED AS PART OF THE SERVICE AND ANY INFORMATION RECEIVED BY YOU AS A RESULT OF USING THE SERVICE, AND ANY USE BY YOU OF SUCH INFORMATION. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CARS AND CREDIT OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR ITS CONTENTS OR SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF CARS AND CREDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM: (1) THE USE OF OR INABILITY TO USE THE SERVICE, (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH INFORMATION, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION, (3) THE COST OF SUBSTITUTE GOODS OR SERVICES, OR (4) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF SERVICES THROUGH THE SERVICE. CARS AND CREDIT SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, PROCEDURE, OR SERVICE OBTAINED THROUGH THE SERVICE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARS AND CREDIT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THIS AGREEMENT, THE SERVICE, ANY PRODUCTS OR SERVICES OBTAINED THROUGH USE OF THE SERVICE, OR PRIVACY POLICY RELATED TO THE SERVICE, IS YOUR CESSATION OF THE USE OF THE SERVICE.

18.       General 
a.          Entire Agreement
              Except as provided in this Section 18(a) below, this Agreement constitutes the complete and exclusive agreement related to the Service, and supplements any other agreement or disclosure related to your Account(s). In the event of a conflict between this Agreement and any other agreement or disclosure related to your Account(s) or any statement by our employees or agents, this Agreement shall control as to the subject matter addressed herein.

              If you also consent to the terms of the Agreement to Receive Electronic Communications (the “Electronic Communications Agreement”), then this Agreement and the Electronic Communications Agreement both govern your use of the Service. In the event of a conflict between this Agreement and the Electronic Communications Agreement, this Agreement shall control as to the subject matter addressed herein.

b.         Waivers
              No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by us.

c.         Assignment             
             You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any agents, representatives, affiliates and / or third parties.

d.         Governing Law
             This Agreement shall be governed by and construed in accordance with the laws of Florida without regard to that state’s conflict of law provisions.

e.         Compliance with Applicable Laws
             Any user of this Service shall comply with all applicable laws. We reserve the right to refuse to process any transaction we reasonably believe violates applicable law or we believe is made in connection with any unlawful transaction or activity. We will notify you if we do not process a transaction.

f.          Amendments
            We may amend this Agreement from time to time by posting the amended Agreement on our website along with a notice that this Agreement has been amended, or by any other reasonable notification method. You may obtain the most recent version of this Agreement by calling us to request a copy. Continued use of the Service following notice of amendment of the Agreement by us constitutes your acceptance of any amendments to this Agreement and your agreement to comply with any changes.

g.         Severability
             If any provision of this Agreement is determined to be void or invalid, the remainder of this Agreement shall remain in full force and effect.

h.         Service Hours
             The Service is available 24-hours a day, seven days a week, except during maintenance periods.  

i.          Service Notifications
             We may add, modify or discontinue the Service at any time, including changing the terms and conditions governing the Service or changing our Service Provider. You agree that we may send you electronic notifications concerning the Service, including notice of a change or termination of the Service. We may also temporarily suspend your use of the Service at any time for security reasons or any other reason in our sole discretion. We have no responsibility or liability for Service unavailability, interruptions or delays due to any cause.

j.         Confidentiality
             Subject to applicable law, we will disclose information to third parties about you and your Account(s): (i) where it is necessary for completing payment transactions; (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency or court orders; (iv) if you give us permission; (v) as stated in our Consumer Privacy Notice; and (vi) as otherwise required or permitted by law or government regulation.

k.         Access to other Products and Services
             We may provide you access to other financial products and / or services offered by Cars and Credit of Jacksonville, its affiliates, or third parties with whom we have contracted. Access to these products or services may be provided through the use of hyperlinks within the Service. You agree that when you use these other services, you will be subject to any terms and conditions applicable to the particular product or service. In the event of a conflict between this Agreement and any terms and conditions applicable to other services, this Agreement shall control as to the subject matter addressed herein.