Terms and Conditions

Please read the following Terms and Conditions (these “Terms”) carefully before using the Ferrari Financial Services, Inc. (“FFS”, “we,” “our,” or “us”) online payment portal (the “Payment Portal”) or participating in any online features, products, services and/or programs offered by us (individually and collectively, with the Payment Portal, the “Services”).  The Services may include, but are not limited to, the ability to view and update auto lease and loan-related account information; and submit, edit and check the status of payment instructions.  The Services shall also be deemed to include any software used to operate the Services.

These Terms govern your use of the Payment Portal and other Services.  The substantive terms of your lease or loan, and your payment obligations related to your lease or loan, will be governed by your existing lease or loan documents, as applicable.  To the extent we use any third party payment processors in connection with the Services, including in connection with your lease payments or loan payments, the terms of that third party will also apply to your payment.

Subject to all terms hereof, you may use the Services seven days a week, twenty-four hours a day, except for any scheduled or unscheduled interruptions in the Services for maintenance, security or any other reasons, as determined by FFS in its sole discretion.  Certain features, information, types of transactions or other services available while using the Services are only available for certain accounts and may not be available when accessing the Services via mobile device or for all of your accounts.

These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes.  By accessing or using the Services, you agree to be bound by these Terms and all additional terms incorporated by reference.  If you do not agree to any portion of these Terms, you should not access or otherwise use the Services.

The Services are provided to you as a convenience and for your information only.  By merely providing you access to and use of the Services, we do not warrant or represent that any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Services (collectively, the “Content”) is accurate or complete; the Content is up-to-date or current; we have any obligation to update any Content; the Content is free from technical inaccuracies or programming or typographical errors; the Content is free from changes made by a third party; your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or any information obtained in response to comments or questions asked through the Services is or will be accurate or complete.

Use and Content

The ownership of the Services, Content, and all rights therein are and will remain with FFS.  We grant you the right to access and use the Services as long as you follow the requirements in these Terms.  You agree that you will use the Payment Portal and other Services in accordance with all applicable laws, rules, and regulations, as well as such other reasonable rules provided by us from time to time.

You may not: remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Services; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, or any aspect of them, except as expressly permitted by us; decompile, reverse engineer, jeopardize the correct functioning of the Payment Portal; attempt to gain unauthorized access to or impair any aspect of the Payment Portal, or the related systems, servers, or networks; use the Services to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; and/or impersonate any person or entity, or otherwise misrepresent or use any portion of the Services or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.

Eligibility

The Services are offered only to adult persons who are residents of the United States who can form legally binding contracts under applicable law.  Without limiting the foregoing, the Services are not offered to minors.  By using the Payment Portal or any other Services, you represent that you are expressly authorized to use the Services, that you agree to use the Services only for authorized purposes, and that you otherwise meet the requirements set forth in these Terms.

Updates

We may make changes to the Services, the Content or these Terms or stop providing any of the Services at any time and without further notice to you.  We will make an effort to update the Services with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).  Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Privacy

Personal information that you provide will be handled in accordance with our privacy notice for the Payment Portal (“Privacy Notice”).  [Download] to view our Privacy Notice.  Please review our Privacy Notice for an explanation of how we may use, share and safeguard the information that we collect from you in connection with the Services, and your options regarding our use and sharing of such information.  We will also limit our sharing of your information in accordance with our Gramm-Leach Bliley Act financial privacy notice (“GLBA Notice”).  [Download] to view our GLBA Notice.

Electronic Communication

By using the Services, you consent to receive electronic transactional communications from us unless you provide us with notice that you require paper communications by contacting us through one of the means set forth at the end of these Terms.  We will communicate with you by email or by posting notices on the Payment Portal or through our other Services.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically on the Payment Portal or in connection with the other Services satisfy any legal requirement that such communication be in writing.  If required by law, we will provide paper copies of such agreements, notices and disclosures.  We will also deliver paper copies of such agreements, notices and disclosures within a reasonable period of time from when we receive a request from you for such paper copies.

You agree that all electronic communications that we receive from you through the Payment Portal or otherwise in connection with the Services, such as those directing us to take an action with respect to your account, will be deemed valid, authentic and binding obligations.  Pursuant to law and regulations, these electronic communications, therefore, 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 to have been signed and 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, under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby, and such copies shall be admissible if introduced as evidence on paper 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 documentary form.

Registration Information and Security

To access and use the Payment Portal, you will be required to create a unique user name and password, you will need to authenticate your identity, and you may be require to supply additional registration information (“Registration Information”).  Once you log in using your unique user name and password, you will be able to review your account information, such as account balance, last payment made, next payment due and vehicle information.  We may use and share your Registration Information as described in our Privacy Notice.

You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours.  You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Service.  If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the Service that allows you to change or update your Registration Information, if available.  If no such mechanism or contact information is available on the Service, please notify us as set forth at the end of these Terms.

We shall have no liability associated with or arising from your failure to maintain accurate, complete or up-to-date registration information, including without limitation your failure to receive critical information.  Neither we nor our indemnitees shall be responsible for verifying your Registration Information.

We reserve the right at any time, with or without notice, to remove or require a change to or repossess any user name and/or password or other Registration Information, or otherwise change the access means or methods for the Service.

You will be solely responsible for maintaining the confidentiality of your Registration Information.  You agree not to give or make available your password or other credentials that you use in connection with the Payment Portal or any other Services to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such password or credentials.  If you believe your password or credentials have been lost or stolen or that someone may attempt to use them to access our Services without your consent, you must notify us immediately by using the contact information set forth at the end of these Terms.  We reserve the right, under certain circumstances, to deny your access to any one or more account(s) or to the Services or any part thereof, or to deny the processing of transactions, in order to maintain or restore security or performance to the Payment Portal or the other Services.  We may do so if we reasonably believe your password or other credentials have been or may be obtained or is being used or may be used by an unauthorized person(s).

While we may provide reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.  Access to the Payment Portal is across public lines, and FFS and our service provider have no control over such lines or information available from third party sources.  We assume no liability or control over the Internet access, and you understand that the Payment Portal may be subject to unavailability due to congestion or overload on public circuits supplied by third parties or due to downtime by such third parties.

Required Technology

Your access and use of the Payment Portal and/or portions of the Services may require certain equipment, connectivity services and other technology (e.g., computers or other similar devices, internet connectivity, reading programs, etc.).  It is your responsibility to obtain and maintain all of the required technology, at your own expense.  We do not imply or guarantee in any way that the Payment Portal will be compatible with available technology and will be accessible using any specific model, brand or type of technology.

No Warranties for the Services

The Payment Portal and other Services are not intended to supply lending, regulatory, investment, financial, tax, information security or legal advice.  We make no warranty concerning the Services and/or the Content including, without limitation, with respect to any delay, failure, interruption, or corruption of any data, Content, or any other information transmitted in connection with the use of the Services.  You expressly agree that your use of the Services is at your sole risk and you are not relying on any express or implied representation in choosing to use or access the Services and/or Content.  The Services and Content are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, unless these warranties are legally incapable of exclusion.  We make no representations or warranty that the Services, Content or any of our other Services will remain uninterrupted or error-free, that defects will be corrected, or that the web pages accessible on or through the Services, or the servers used in connection with the Servers, are or will remain free from any viruses, worms, time bombs, drop dead devices, trojan horses, or other harmful components.  We do not guarantee that you will be able to access or use the Services at times or locations of your choosing, or that we will have adequate capacity for the Services as a whole or in any specific geographic area.

Indemnification

You agree to defend, indemnify, and hold harmless FFS and our affiliates, subsidiaries or parent company, and any of our respective officers, directors, administrators, agents, participants, attorneys, employees, executors, heirs, predecessors, successors, assigns, service providers, and other representatives, and each person acting by, through, under or in concert with such parties, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: your failure to comply with these Terms; your breach of your obligations under these Terms; your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; your violation of any law or the rights of a third party; any dispute or issue between you and any third party; and your willful misconduct.  FFS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.

Verify Data

You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the Services, and we will have no obligation to verify the accuracy of that data.  While we reserve the right to review any and all content you submit, you will remain responsible for such content.

Limitation of Liability

In no event will FFS or our affiliates, subsidiaries or parent company, or any of our respective officers, directors, administrators, agents, participants, attorneys, employees, executors, heirs, predecessors, successors, assigns, service providers, or other representatives, and each person acting by, through, under or in concert with such parties, be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages of any kind arising from your use of or inability to use the Services or the Content provided in connection with the Services, or for any other claim related in any way to your use of the Service or Content.  In addition, we will not be liable for any negative repercussions to anyone based on the use of or inability to use the Services, including, but not limited to, any lost goodwill or lost profits.  We are not liable for any personal injury, including death, or property damage caused by your use or misuse of the Services or Content.  We are not responsible for inaccuracies or errors in or omissions from the Content; delays, errors, or interruptions in the transmission or delivery of the Content; or loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.  Remedies under these terms are exclusive and are limited to those expressly provided for in these terms.  To the fullest extent permitted by applicable law, our entire liability shall be limited to the amount paid by you to FFS for or relating to the Services within the prior twelve (12) months.  Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the greatest extent permitted by applicable law.

Third Party Content and Applications

We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Services that we think will be relevant to our users by framing or other methods.  In addition, the Services may include certain applications, features, programs and services provided by third parties.  Such third party content and applications are provided “as is” and your use of such services or content is subject to their respective terms.  If you choose to use a third party application for payment processing, such use will be governed by the applicable terms of such service.

Intellectual Property

The Content and the Services are intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use.  All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content.  We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on and in connection with the Services.  Nothing on the Payment Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission in each instance.

Subject to the provisions of the Privacy Notice relating to any personal information contained in such, you acknowledge and agree that all feedback, comments, and suggestions, including suggestions for improvements, enhancements, alterations, changes or revisions, or otherwise regarding the Services that you provide to FFS are assigned to FFS, and you have no further rights therein or thereto.  We may use (or not use) such information for whatever purpose we choose, without notice or compensation to you.

Termination of Service

We may suspend or terminate your right to access portions of the Service, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.

Additional Remedies

You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate.  In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.

Governing Law; Jurisdiction and Venue

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO, OR USE OF, THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO ANY CONFLICT OF LAWS PRINCIPLES.  YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF NEW JERSEY WITH RESPECT TO SUCH MATTERS.

Local Laws

We make no representation that any Content or other materials on the Services are appropriate or available for use in jurisdictions that are outside the United States.  Access to the Services from jurisdictions where such access is illegal is prohibited.  If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.

Additional Agreements

In addition to these Terms, in connection with your use of the Services, you may be subject to, and/or required to agree to, various guidelines, rules, schedules, disclosures, disclaimers and other terms that we may send through the Payment Portal, or otherwise provide or make available to you from time to time that relate to the Services that we provide and that are owned or controlled by us (collectively, “FFS Additional Agreements”).  The FFS Additional Agreements are hereby incorporated by reference into these Terms.  These Terms are not intended to modify any disclosures or other terms that are required by law and that are provided in an FFS Additional Agreement.  If there is a conflict between these Terms and any FFS Additional Agreement, the FFS Additional Agreement shall govern.

You may also be subject to, and/or required to agree to, various guidelines, rules, schedules, disclosures, disclaimers and other terms of third parties who provide services that are not provided by FFS and are not owned or controlled by FFS, for example third party payment processors.  These additional third party agreements are not included in the FFS Additional Agreements, and we make no representations regarding such additional third party agreements.  Such additional third party agreements are not included in these Terms and are not incorporated herein.

Questions

If you have additional questions or comments of any kind, please let us know by sending your comments or requests to us at:

Ferrari Financial Services, Inc.
250 Sylvan Avenue
Englewood Cliffs, New Jersey 07632

Copyright © 2020.  Ferrari Financial Services, Inc.  All Rights Reserved.

Effective as of: April 6th, 2020
Last updated: April 6th, 2020