Mercedes-Benz Financial Services USA LLC ("Mercedes-Benz Financial Services", "MBFS", "we", "our", "us") provides the mbfs.com Internet site domain name and all materials located at and under that domain name (collectively, this "Site") and any of our services available on that Site (which collectively with this Site are referred to as the "Services") to you as the user of the Site, subject to each and every of the following terms and conditions (collectively, this "Agreement"). BY ACCESSING, VIEWING, USING OR IN ANY WAY MANIPULATING THE INFORMATION OR SERVICES PROVIDED AT OR UNDER THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, DO NOT USE THE SITE AND DO NOT TAKE ADVANTAGE OF ANY OF THE SERVICES.
1. Limited Use
License Subject to the terms and conditions set forth in this Agreement, MBFS grants you a non-exclusive, revocable, non-transferable, limited right to access, use, and display this Site and the Services. You are authorized to view and utilize the Site and the Services only for your personal, non-commercial use. You must retain, on all copies or displays of the Site and the Services, all copyright and other proprietary notices contained in the Site or Services. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site provided the link does not portray MBFS, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any trademark or other copyrighted material as part of the link without MBFS' express written permission. You may not frame or utilize framing techniques to enclose any trademarks or other copyrighted material without MBFS' express written consent. You may not use any meta tags or any other hidden text utilizing the trademarks and other copyrighted material without MBFS' express written permission. You agree to abide by any other term or condition contained on or added to the Site or Services, as may be supplemented from time to time.
MBFS has established this Site and the Services to provide information to users regarding products offered by MBFS and its affiliates. As a term and condition of use of this Site and the Services, you agree that you will not use this Site or the Services to: (i) misappropriate the intellectual property rights of MBFS or its affiliates; (ii) attempt to deface, modify or manipulate this Site or employ any tactic to defeat or evade any security feature employed on the Site; (iii) misappropriate the identity of, or obtain any personal information about any other user of the Site or Services, or any customer, vendor, dealer, or employee of MBFS; and (iv) modify, erase or damage any information contained on the Site or any computer hardware or information storage device owned or used by MBFS. As an additional term and condition of use of the Site and Services, you agree to not use any process, research method or tactic to recreate or replicate the features, functions, or design of the Site or Services through reverse engineering.
The information contained on this Site is provided solely for general informational purposes and is not intended to be a solicitation or an offer to sell in connection with any product or service, nor is the information a complete description of all terms, conditions and exclusions applicable to the products and services described.
2. Copyrights and Trademarks
Copyright 2011 Mercedes-Benz Financial Services USA LLC. All Rights Reserved. The text, images, graphics, sound files, animation files, video files, button icons, digital downloads, data compilations, and their arrangement on MBFS Internet sites are all subject to United States and international copyright laws and other intellectual property protection, and are the property of MBFS or its affiliates. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Some MBFS Internet sites also contain images that are subject to the copyright rights of their affiliates and providers.
Unless otherwise indicated, all marks displayed on Mercedes-Benz Financial Services USA LLC Internet sites are subject to the trademark and service mark rights of Mercedes-Benz Financial Services USA LLC, Daimler, and their affiliates, including each of Daimler's primary brands (Mercedes-Benz, Maybach, smart, Sterling, Freightliner, its model nameplates, and its corporate logos and emblems.
Mercedes-Benz - are registered trademarks of Daimler, Stuttgart, Germany
3. Linking to Other Sites
A. Links from mbfs.com
This Site may provide links to access other Internet sites; these sites are not maintained or controlled by MBFS. Additionally, this Site may provide access to Internet sites of other entities affiliated with MBFS. MBFS is not responsible for the content of those sites. In addition to the terms and conditions of this Agreement, your use of any Internet site not under the domain name mbfs.com will be subject to the terms and conditions posted on that Internet site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs, etc. MBFS makes no warranty or representation regarding, nor endorses, any linked Internet sites or the information appearing thereon or any of the products or services described thereon.
B. Links to mbfs.com
All links to this Site must be approved in writing by MBFS, except that MBFS consents to links in which: (i) the link is a text-only link containing only the name "Mercedes-Benz Financial Services"; (ii) the link "points" only to mbfs.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked Internet site; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by MBFS or its affiliates nor be such as to damage or dilute the goodwill associated with the trade names, brand identities, and trademarks of MBFS or its affiliates. MBFS reserves the right to revoke this consent to link at any time in its sole discretion.
THE FOLLOWING ARBITRATION PROVISIONS SIGNIFICANTLY AFFECT YOUR RIGHTS IN ANY DISPUTE WITH US. PLEASE READ THE FOLLOWING DISCLOSURES AND THE ARBITRATION PROVISION THAT FOLLOWS CAREFULLY BEFORE YOU ACCESS ANY OTHER PART OF THIS SITE OR UTILIZE ANY OF THE SERVICES.
A. If either you or we choose, any dispute between you and us will be decided by arbitration and not in court.
B. If such dispute is arbitrated, you and we will give up the right to a trial by a court or a jury trial.
C. You agree to give up any right you may have to bring a class-action lawsuit or class arbitration, or to participate in either as a claimant, and you agree to give up any right you may have to consolidate your arbitration with the arbitration of others.
D. The information that can be obtained in discovery from each other or from third persons in arbitration is generally more limited than in a lawsuit.
E. Other rights that you and/or we would have in court may not be available in arbitration.
F. Any claim or dispute, whether in contract, tort or otherwise (including any dispute over the interpretation, scope, or validity of this Agreement, arbitration section or the arbitrability of any issue), between you and us or any of our employees, agents, successors or assigns, which arises out of or relates to this Agreement or any resulting transaction or relationship arising out of this Agreement shall, at the election of either you or us, or our successor or assigns, be resolved by a neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated on an individual basis and not as a class action. Whoever first demands arbitration may choose to proceed under the applicable rules of the National Center for Dispute Settlement, 43230 Garfield Road, Suite 130, Clinton Township, MI 48038 or the Internet at http://www.ncdsusa.org, or any other organization that you may choose subject to our approval.
G. Whichever rules are chosen, the arbitrator shall be an attorney or retired judge and shall be selected in accordance with the applicable rules. The arbitrator shall apply the law in deciding the dispute. Unless the rules require otherwise, the arbitration award shall be issued without a written opinion. The arbitration hearing shall be conducted in the federal district in which you reside. If you demand arbitration first, you will pay the claimant's initial arbitration filing fees or case management fees required by the applicable rules up to $125, and we will pay any additional initial filing fee or case management fee. We will pay the whole filing fee or case management fee if we demand arbitration first. We will pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. The arbitrator shall decide who shall pay any additional costs and fees. Nothing in this paragraph shall prevent you from requesting that the applicable arbitration entity reduce or waive your fees, or that we voluntarily pay an additional share of said fees, based upon your financial circumstances or the nature of your claim.
H. This Agreement evidences a transaction involving interstate commerce. Any arbitration under this Agreement shall be governed by the Federal Arbitration Act (9 USC 1, et seq.). Judgment upon the award rendered may be entered in any court having jurisdiction.
I. Notwithstanding this provision and as provided for in any installment sale contract or lease agreement, both you and MBFS and MBFS' successors and assignees retain the right to exercise self-help remedies and to seek provisional remedies from a court, pending final determination of the dispute by the arbitrator. Neither you nor we waive the right to arbitrate by exercising self-help remedies, filing suit, or seeking or obtaining provisional remedies from a court.
J. If any clause within this Arbitration section, other than clause C or any similar provision dealing with class action, class arbitration or consolidation, is found to be illegal or unenforceable, that clause will be severed from this Arbitration section, and the remainder of this Arbitration section will be given full force and effect. If any part of clause C or any similar provision dealing with class action, class arbitration or consolidation is found to be illegal or unenforceable, then this entire Arbitration section will be severed and the remaining provisions of this Agreement shall be given full force and effect as if the Arbitration section of this contract had not been included in this Agreement.
5. No Warranties
All information contained in this Site and the Services is intended for the United States market only. The accuracy of this information cannot be guaranteed, particularly since this information is subject to change. All product illustrations and specifications are based upon current information at the time of programming. Although descriptions are believed correct, complete accuracy cannot be guaranteed. MBFS and its affiliates reserve the right to make changes at any time, without notice or obligation, in the information contained on this Site and the Services, including and without limitation to prices, financing terms, incentive programs, specifications, equipment, colors, materials and to change or discontinue models or financing programs. All prices are based upon Manufacturer's Suggested Retail Prices (MSRP) in United States dollars (unless otherwise indicated) and exclude taxes, title fees, options and destination charges, unless specifically included. Unless otherwise noted, all financing terms are in U.S. dollars and may exclude dealer charges and other fees. Dealers are independent and are free to set their own prices and financing terms; not all dealers participate in stated financing terms. Please see your dealer for the latest information on ordering vehicles and financing.
MBFS MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE SITE OR ANY SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; (ii) ERRORS OR DEFECTS WILL BE CORRECTED; OR (iii) INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THE SITE AND THE SERVICES, AND THE MATERIALS AND INFORMATION PROVIDED ON THIS SITE OR THROUGH THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NONINFRINGEMENT. WHILE THE INFORMATION PROVIDED IS BELIEVED TO BE ACCURATE, IT MAY INCLUDE ERRORS OR INACCURACIES. THE MANUFACTURERS OF THE PRODUCTS PROVIDE ALL PRODUCT DESCRIPTIONS AND ILLUSTRATIONS OF DEALER SERVICE EQUIPMENT.
Your access and use of this Site and any of the Services is at your sole risk.
6. Limitation of Liability; Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, MERCEDES-BENZ FINANCIAL SERVICES USA LLC OR ANY OF ITS AFFILIATES (INCLUDING SUBSIDARIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES AND INSURERS) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR ARE RELATED TO THE USE OF THIS SITE OR THE ACCESS OF INFORMATION PROVIDED HEREIN OR THOUGH THE SERVICES, OR THE USE OR ACCESS OF, OR THE INABILITY TO USE OR ACCESS, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS SITE, THE SERVICES, OR ANY LINKED INTERNET SITE, EVEN IF MBFS IS EXPRESSLY ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE). TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION, OR PORTIONS OF IT, MAY NOT APPLY TO YOU.
BY YOUR USAGE OF THIS WEB SITE, YOU AGREE TO RELEASE MERCEDES-BENZ FINANCIAL SERVICES USA LLC AND ITS AFFILIATES (INCLUDING SUBSIDIARIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND INSURERS) FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO THEUSE OR ATTEMPTED USE OF THIS WEB SITE. USER HEREBY WAIMVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." USER ALSO WAIVES ANY PROVISION OF THE STATUTORY OR NONSTATUTORY LAW OF ANY JURISDICTION THAT IS SIMILAR IN WORDING OR EFFECT TO CALIFORNIA CIVIL CODE SECTION 1542.
7. International Users and Choice of Law
This Site is controlled, operated, and administered by MBFS from its offices within the United States. MBFS makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States. Access to this Site and Services from jurisdictions where it is illegal to do so is prohibited. You may not use the Site or Services in violation of United States export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Michigan, without giving effect to its conflict of laws provisions.
You agree to indemnify and hold MBFS and its affiliates harmless, and, at MBFS' request, to defend MBFS and its affiliates from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Site or Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Site or Services. This indemnity shall be in addition to and not limited by any other indemnity.
9. General Terms
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
10.) Online Services Privacy Statement
Collecting and Using Personal Information
If you submit to us a credit application through our website, we collect information we receive from you on the online application, including identifying information such as name, address, and Social Security number, and additional information such as income We use such information to process your application.
If you become an account holder and choose to create an online profile, we will request certain identifying information, such as name, zip code and email address. We may use your email address to provide you account-related communications or marketing or other information. At the time of creating an online profile and thereafter, you may direct that we refrain from using your email information to send marketing information.
If you utilize certain online services, such as requesting a quote, we may collect contact information that you provide, including name, address, phone number, and email address. We may also collect location information.
Certain services or functions of our online services may not be available if you choose not to provide your information. Your use of an online service will be your consent to the use of your personal information in the way contemplated.
Sharing Personal Information
We may share information we collect with affiliated companies that are related by common ownership or control. These include Mercedes-Benz USA, LLC and Daimler Insurance Agency LLC.
We may share information we collect with nonaffiliated companies that perform marketing services on our behalf or other financial institutions with whom we have joint marketing agreements. These include authorized Mercedes-Benz dealerships, any insurance company marketing partner, and any party issuing or servicing any credit cards bearing the Mercedes-Benz brand name.
We may share information with other nonaffiliated companies as permitted by law, such as companies that perform services on our behalf or in response to law enforcement activity. Information we collect may also be transferred in connection with a change or merger of the company.
Changes to our Privacy Statement
Our business and the laws that regulate us change from time to time, and we therefore reserve the right to change our Online Services Privacy Statement. If we make a change to our Statement, we will post the revised version on our website and mobile applications with the effective date. Any information that we collect will be used consistently with the Online Services Privacy Statement in effect at the time of use.
Security of Information
We have in place security measures to protect your personal information, including administrative, technical, and physical safeguards. We use secure socket layer (SSL) encryption to protect your information during transmission when you utilize our online services.
Cookies, Pixel Tags, and Log Files
A Pixel Tag is a very small, graphic image on a Web page, Web-based document, or in an e-mail message that is designed to allow the site owner or a third party to monitor who is visiting a site. We may use Pixel Tags on web site and may permit third parties to place them on the website to monitor the effectiveness of advertising or for other legitimate purposes.
We collect information about all visitors to this website in log files. The information inside the log files includes, but is not limited to, internet protocol ( IP ) addresses, type of browser, Internet Service Provider ( ISP ), operating system, browser language, date/time stamp, time spent on page and other similar information that is used in an aggregate basis to analyze trends and make improvements to the site. We do not associate IP addresses and other such information to customer personal information.
We do not respond to browser "do not track" signals at this time.
We do not intend our online services for use by anyone under the age of thirteen (13). We request that anyone under the age of thirteen (13) not submit any information to Mercedes-Benz Financial Services through use of our online services.
Social Security Numbers
We are committed to the protection of Social Security numbers obtained through use of our online services. As part of our safeguarding policies and practices, we protect the confidentiality of Social Security numbers; prohibit the unlawful disclosure of Social Security numbers; and limit access to Social Security numbers.
Some companies offer aggregation services to enable you to review all of your account information from various financial institutions at one single internet location. A provider of aggregation services may require as a condition of using their services that you provide your login information, including user name and password. We encourage you to review the privacy and information safeguarding policies of such companies to make sure that their practices are acceptable to you. We are not responsible for any unauthorized transactions that may occur as a result of your disclosing your login information to third parties, including any aggregators. If you decide to terminate the authorization provided to such a party, we advise that you change your password in connection with your use of our online services.
This Online Services Privacy Statement is effective on September 3, 2013.