Southeast Toyota Finance - Terms and Conditions

THIS AGREEMENT OF TERMS OF USE (this "Agreement") is made by and between World Omni Financial Corp. ("WOFC") also doing business as Southeast Toyota Finance ("SETF") and you. This Agreement sets forth the terms and conditions that apply to your access and use of the Internet website owned and operated by WOFC and its affiliates located at the URL www.setf.com and any information, content, products, services, transactions, and other features available thereon ("setf.com"). This Agreement also sets forth the terms and conditions that apply to your use of the SETF Mobile payment application available for download at the App Store (the "SETF App"). The terms "you" and "user" as used herein refer to all individuals or entities accessing setf.com for any reason. Whenever "you" is more than one person with respect to any account or relationship, the obligations and agreements applicable to you under this Agreement shall apply jointly and severally wherever appropriate. This Agreement incorporates herein by reference the Privacy Notice located here. When using other services or features available through setf.com and/or the SETF App, but provided directly by third parties such as bill pay vendors or partners, your use may be governed by additional agreements, program rules, or other terms or conditions governing use of those services or features.

Your Right to Access and Use setf.com and the SETF App
The right to access and use setf.com and the SETF App is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use setf.com and the SETF App for lawful purposes and pursuant to the terms and conditions of this Agreement.

By accessing and using setf.com and/or by downloading the SETF App, 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 setf.com and the SETF App. WOFC 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, you may no longer use setf.com.

Any action by you that, as determined by WOFC, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying setf.com or the SETF App shall not be permitted, and may result in your loss of the right to access and use setf.com and/or the SETF App.

To prevent unauthorized access to your account on setf.com or through the SETF App, you agree to keep your user name, password and any other security or access information (collectively, "Access Information") confidential. WOFC 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.

Setf.com and the services available through the SETF App are generally available for your use 7 days a week, 24 hours a day. However, from time to time, WOFC may perform maintenance upon or experience hardware, software or other problems related to setf.com, resulting in interrupted service, delays, or errors. Under certain circumstances, WOFC may deny your access to setf.com or the SETF App or any part thereof, or the processing of transactions, in order to maintain or restore security or performance to the site or WOFC's systems. WOFC may also do so if it reasonably believes your Access Information has been 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 WOFC receives from you via setf.com, the SETF App or as otherwise connected with a transaction occurring via setf.com or via the SETF App, 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 setf.com or through the use of the SETF App, WOFC, 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 WOFC 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 WOFC or its contractors or any other third party and you respecting such payment.

Intellectual Property Rights
Images of vehicles, people or places displayed on setf.com are either the property of, or used with permission by, WOFC. 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 setf.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 setf.com, including, without limitation, the names "JM Family Enterprises, Inc.," "setf.com," "JM&A Group," "Performance Development Center," "Fidelity Warranty Services, Inc.," "J.M.I.C. Insurance Co.," "Courtesy Insurance Company," and their respective logos are registered and unregistered Trademarks of WOFC, its affiliates or their rightful owners. Nothing contained on setf.com or the SETF App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed thereon without the written permission of WOFC or such third party owners of the Trademarks. Any use of third party Trademarks on setf.com or the SETF App 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 WOFC any official status with any third party, unless otherwise noted. Your use of the Trademarks displayed on setf.com and the SETF App except as provided in this Agreement, is strictly prohibited. You are also advised that WOFC and its affiliates will aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Additionally, the SETF App is software which is licensed, not sold, to you by WOFC for use only in accordance with the terms and conditions of this Agreement. This limited right of use is revocable at any time by WOFC. As between you and WOFC, WOFC retains all right, title and interest in and to the software and any modifications and updates thereto. All rights not expressly granted to you herein are reserved by WOFC.

The data and content contained on or downloaded from setf.com or accessible through the use of the SETF App (collectively, the "Content") are, as between WOFC and you, the copyrighted property of WOFC, which also owns a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content. You agree to use setf.com and the SETF App strictly for your own purposes and you shall not modify, disassemble, copy or transfer the Content of the SETF App software to any person, corporation or other entity. You may not sublicense, assign, or transfer this Agreement without the express written consent of WOFC. You hereby understand and agree that the use of the setf.com and/or the SETF App is completely voluntary and not required by WOFC.

Without the prior written consent of WOFC, 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 WOFC 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 WOFC's intellectual property, or any other harm incurred by WOFC 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
SETF.COM, THE SETF APP AND THE CONTENT ARE BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. WOFC 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 OR A PARTICULAR PURPOSE OF THE CONTENT.
WOFC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM SETF.COM OR THROUGH THE USE OF THE SETF APP 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 SETF.COM AND/OR THE SETF APP.

Links to Third Party Sites
setf.com and/or the SETF App may contain links to third party Internet websites ("Linked Sites"). The Linked Sites are not under the control of WOFC and WOFC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WOFC is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is WOFC responsible if the Linked Site is not working appropriately. WOFC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WOFC of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Cookies and Other Information Collection Mechanisms
Setf.com may use cookies or other automated data collection methods (collectively, "Cookies") to collect information about visitors to setf.com. The type of information collected by Cookies may include the IP address of your computer, the name of your computer, the browser that you are using, the operating system that you are using and the current URL page and previous URL page you have accessed. WOFC does not use Cookies to collect and transmit nonpublic personally identifiable information; except that we may collect certain information you provide in order to personalize your use of setf.com. Additionally, in connection with your use of the SETF App, WOFC may collect, transmit and use technical and location data and related information, including but not limited to technical information about your mobile device, system and application software. WOFC reserves the right to collect IP addresses, session information and other information for the purposes of the provision of services to you, system administration, and to review and audit the use of setf.com and/or the SETF App, and WOFC can and will use IP addresses to identify a visitor to setf.com when necessary to enforce compliance with this Agreement or to protect WOFC's services, network, customers or others.

Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use setf.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of setf.com. Additionally, although SETF does not charge you a fee for downloading the SETF App, you must have an Apple iPhone®, iPad^TM, or iPod touch® to use it, and your wireless carrier may charge you in connection with your use of the SETF App for charges such as fees for data services, text messaging, etc. You are responsible for all charges related to your phone service provider and associated with the purchase of an iPhone.

Additional Terms for the SETF App
You must register on setf.com to use the services available through the use of the SETF App. Your use of the SETF App is voluntary and is not required to make payments on your SETF accounts. Subject to the terms and conditions set forth herein, SETF grants you a non-transferable, non-exclusive, personal, limited license to install and use the SETF App only on a single iPhone device that you own or control, solely for your internal use and as expressly permitted herein and in the Usage Rules set forth in the App Store Terms and Conditions of Apple Inc. You acknowledge that WOFC has no obligation under this Agreement or otherwise to correct any bugs, defects or errors in the SETF App, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the SETF App. You agree to comply with all export laws applicable to the SETF App. You also agree not to (i) reverse engineer, decompile, disassemble or otherwise reduce the SETF App software code to any human-perceivable form; (ii) modify the SETF App or translate, adapt or create any derivative works based on the SETF App; or (iii) otherwise use the SETF App in violation of any applicable law, regulation or standard or other than for its intended use and function or to disrupt, inhibit or inappropriately access WOFC computer systems or the systems of any third party.

Limitations on WOFC's Liability
WOFC 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 SETF.COM OR THE SETF APP, INCLUDING THE TRANSMISSION OF INFORMATION VIA THE SETF APP;
(ii) YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL OR COMMERCIAL USE;
(iii) YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY WOFC'S PRIOR WRITTEN PERMISSION REGARDING THE SAME;
(iv) YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED, PRINTED, OR ADVERTISED FROM SETF.COM OR THE SETF APP.
(v) YOUR CUSTOMER'S RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED OR PRINTED FROM SETF.COM OR THE SETF.COM APP.

Indemnification
You shall defend, indemnify and hold harmless WOFC 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 setf.com or the SETF App by you.

Third Party Rights
This Agreement is for the benefit of WOFC, 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.

Remedies
You acknowledge that WOFC 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, WOFC 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 Broward County, Florida, or the United States District Court, Southern District of Florida. 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.

Bankruptcy Proceedings
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.

Miscellaneous
This Agreement is to be governed and construed in accordance with the internal laws of the State of Florida, 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 WOFC from time to time, shall survive any termination of this Agreement or non-use of setf.com and/or the SETF App by you.