1. INTRODUCTION AND DEFINITION OF TERMS

Exeter Finance LLC, a Delaware limited liability company (“Exeter,” “we,” and “us“), require that all the visitors to the website www.exeterfinance.com (this “Site“) adhere to these Terms of Use (these “Terms of Use“).

Services specific to this Site are collectively referred to in these Terms of Use as the “Services.” Content, functions, features, displays, text, pictures, images, and other information or material of any kind, and at any time and in any manner presented or displayed are collectively referred to as the “Content.”

Your use of this Site, the Services, and the Content is subject to these Terms of Use. Except as otherwise specifically provided in these Terms of Use, your credit obligations or other relationships with us are governed by the agreements applicable to those obligations or relationships, such as (for example) a promissory note, security agreement, or retail installment contract.

 

2. YOUR CONSENT TO THESE TERMS OF USE

A. Your Consent and Proper Use of this Site

By viewing or using this Site, you agree to be bound by these Terms of Use. We grant you a non-exclusive, non-transferable, limited, and revocable right to browse, print, or use the Services and Content on this Site for your personal, non-commercial purposes only. No other use, including creation of derivative works, is permitted. No license in or to this Site or the Content is granted to you or any other third party. Not all Services are available in all geographic locations where this Site may be viewed. Neither our operation of this Site nor our display of the Services constitutes an offer to sell or an attempt to solicit your purchase of any Services where it is illegal.

B. Conflict Between Statements and these Terms of Use

If there is a conflict between what an Exeter employee or representative says and what these Terms of Use or the Content says, these Terms of Use or the Content (as applicable) will control.

C. Modification or Termination

Subject to applicable law, we may amend these Terms of Use, Content, our Privacy Policy, or any other agreement relating to the Content (a “Content Agreement“) at any time and in our sole discretion by updating and posting a new version on this Site or by otherwise notifying you of the revised terms. When we modify these Terms of Use, our Privacy Policy, or any Content Agreement, we will post the revised version on this Site and will update the date at the bottom of these Terms of Use, our Privacy Policy, and the Content Agreement, as applicable. Your use of this Site after any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use, our Privacy Policy, and the Content Agreements, as applicable, as modified. For this reason, we encourage you to review these documents whenever you access or use this Site. If you do not agree to or cannot comply with any of these Terms of Use, our Privacy Policy, or the Content Agreements, as applicable, do not use this Site. We may terminate your access to this Site at any time, for any reason (or for no reason) without notice to you.

D. “Contact Us” Page

If you want to send secure electronic messages to us, and receive secure electronic messages from us, please use the secure message function available on this Site.

Emails you send to us are transmitted unencrypted over the public Internet. Therefore, please do not send an email to us that includes any sensitive information that an unauthorized third party could use to harm you. Sensitive information may include your social security number, date of birth, address, and any account number for a deposit account or loan you have with a financial institution. If you send an email to us, then you agree and consent that we can reply using unencrypted emails delivered by the public Internet that contain non-public information about you that we determine in our discretion is responsive to any email message you send to us.

3. CONSENT TO ELECTRONIC SIGNATURES, RECORDS, NOTICES, AND COMMUNICATIONS

A. Your Consent

To the extent permitted by applicable law, you consent to the use of electronic signatures and to the electronic receipt of all records, notices, communications, and other items which we may otherwise be required to send or provide you in paper form (e.g., by mail) for this Site, the Services, and your other relationships with us (collectively, “Communications“). We will provide Communications to you by posting them on this Site and/or by emailing them to you at the email address you provide to us. Exeter reserves the right, in its sole discretion, to communicate with you in paper form.

By providing your mobile phone number, you consent to receive direct dial calls, auto-dialed and pre-recorded message calls relating to the Services and your financing relationship with us at that number. You may withdraw your consent to such calls at any time by contacting us at (800) 321-9637.

Additionally, by providing your mobile phone number, you consent to receive text messages relating to the Services and your financing relationship with us at that number. You may withdraw your consent to receiving such text messages at any time by replying with “STOP” to any text message we send you. If you revoke your consent to receiving text messages as described in this paragraph, you will receive a single confirmation text confirming that we have received your revocation. Revocation of consent to receive text messages as set forth in this paragraph applies only to text messaging and DOES NOT constitute revocation of consent for direct dial calls, auto-dialed calls or pre-recorded message calls, which consent must be revoked as set forth in the preceding paragraph. Please also note that your mobile carrier’s standard text message and data charges may apply; you are responsible for any fees charged by your mobile carrier if we contact you.

By accepting and agreeing to these Terms of Use electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.

B. Your Right to Withdraw Consent

Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at (800) 321-9637. If you withdraw your consent to receive Communications electronically, Exeter reserves the right to restrict or prohibit your use of this Site and the Services or charge you a fee for paper copies of Communications. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by Exeter to you before the withdrawal of your consent becomes effective.

C. You Must Keep Your Email Address Current With Us

In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your contact information by updating your Profile on this Site or by contacting us (800) 321-9637. You understand and agree that if we send you an electronic Communication but you do not receive it because your contact information is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.

D. Printing and Requesting Paper Copies

You may print paper copies of any Communication provided to you electronically. In addition, you may request a paper version of any electronic Communication by contacting us at (800) 321-9637.

E. Hardware and Software Requirements

In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15 (users utilizing other browsers may experience compatibility difficulties); (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and retain records in paper form or electronic storage to retain records in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this document accordingly. You should retain a copy of all Communications that we send to you electronically.

4. TRADEMARKS AND COPYRIGHT

This Site contains trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers and similar intellectual property (collectively, “Trademarks“) that are registered and unregistered Trademarks of Exeter or one or more of our affiliates or other parties.

You are prohibited from displaying or using any Trademarks for any purpose, including, without limitation, as metatags on other pages or sites on the Internet without our prior written consent (which may be withheld in our discretion) or such third party which may own the Trademarks.

All Content and compilations thereof, including any software programs available on or through this Site, is protected by U.S. and foreign copyright laws and international conventions and may not be sold, licensed, sublicensed, used to create derivative works, reproduced, copied, edited, published, distributed, displayed, transmitted, uploaded or downloaded, modified, altered or removed in any way without our approval, which we may withhold in our discretion. Without limiting the foregoing, nothing on this Site, including, without limitation, the Content and compilations thereof, including any software programs available on or through this Site, may be reposted to another website or location external to this Site and you are prohibited from using the same for any commercial or public purposes.

5. LINKED SITE

This Site may include links to sites that we do not own or control. Such links may allow you to leave this Site to access material or information provided by others, or may bring material or information provided by others into display on this Site. (In either case, we refer to such a site as a “Linked Site.”). You acknowledge that we have no discretion, including, without limitation, the power, authority, or ability, to alter, update, control or otherwise regulate the content of features on or available through a Linked Site. The fact that we provide access at any time to a Linked Site does not represent our endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners, or its providers.

There are inherent risks in relying upon, using, or retrieving any information found on the Internet and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site. Use of a Linked Site is at your sole and exclusive risk.

6. NO WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, COVENANTS, ASSURANCES, AND CONDITIONS OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY FOR, AND IN CONNECTION WITH, ALL THE CONTENT ON THIS SITE (INCLUDING THE SERVICES AND ANY SOFTWARE PROGRAMS AVAILABLE ON OR THROUGH THIS SITE)) AND ALL CONTENT, PRODUCTS, SERVICES, MATERIAL AND INFORMATION OF ANY KIND OBTAINED FROM A LINKED SITE.

WITHOUT LIMITATION, WE DO NOT ENDORSE AND WE ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON OR THROUGH THIS SITE BY ANY PARTY OTHER THAN US, (B) ANY CONTENT, PRODUCTS, SERVICES, MATERIAL, OR INFORMATION OF ANY KIND OBTAINED FROM A LINKED SITE, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY CONTENT, PRODUCT, SERVICE, MATERIAL, OR INFORMATION OF ANY KIND OBTAINED FROM A LINKED SITE.

WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE,” AND “WHEN AVAILABLE” BASIS, SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE.

7. LIMITATION OF OUR LIABILITY

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, OR INJURY OF ANY NATURE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), BUSINESS INTERRUPTION, AND LOSS OF INFORMATION (OR ANY COMBINATION OF THE FOREGOING) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SERVICES, THIS SITE, THE CONTENT, THE CONTENT AGREEMENTS, OR OTHER ACTIONS OR OMISSIONS, EVEN IF WE HAVE BEEN ADVISED OF SUCH LOSS, DAMAGE, OR INJURY, ARISING OUT OF, OR IN ANY WAY RELATED TO YOUR USE OF THIS SITE, THE SERVICES, OR THE CONTENT OR ANY LINKED SITES.

In addition to and without limiting any of the foregoing, we will have no liability for any failure or delay resulting from any condition beyond our reasonable control, including, without limitation, governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, and Internet disturbances.

8. OUR RIGHT TO USE CERTAIN INFORMATION YOU TRANSMIT TO US

Except as otherwise provided by applicable law, these Terms of Use, and our Privacy Policy, any communication, information, or material you transmit to us through this Site, including through or to a Linked Site, is non-confidential and non-proprietary. Therefore, we may use such communication, information, or material for any purpose we choose, including, without limitation, for reproduction, publication, broadcast, and post on this Site or elsewhere, including, without limitation, for our advertising, self-promotion, and the like without being required to pay any compensation to you.

9. PROHIBITED USES OF SITE OR LINKED SITE

A. Prohibited Uses

You agree that you will not alter any information contained on this Site and will not use (or allow others to use) this Site or any Content or information obtained from it for any wrongful, unauthorized, illegal, or unlawful purpose. You agree to indemnify and hold us harmless from and against any loss, damage, or expense (including reasonable attorneys’ fees) arising from or related to your actions in violation of this section.

B. Our Disclosure of Content

You agree that we may preserve Content in accordance with applicable law and may disclose Content if required to do so by applicable law or if we determine, in our discretion, that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms of Use, (c) respond to claims that this Site, the Services, the Content, or a Linked Site violates the rights of third parties or applicable law, (d) protect the rights, property, or personal safety of this Site, its users, or any other person (including you) or the public at large, or (e) fulfill any legal, equitable, or other duty or obligation attendant upon us in connection with our ownership and operation of this Site.

10. PRIVACY OF CHILDREN

This Site is intended for individuals who are at least 13 years old. We do not knowingly collect information from individuals under the age of 13 and do not target this Site to children under that age. If you are under the age of 13 years old, you should not visit or use any part of this Site.

11. SITE SECURITY

Information about online security can be found here: Security

12. PRIVACY POLICY

Our Privacy Policy can be found here: Privacy Policy

13. INDEMNITY

In addition to other indemnification rights provided in these Terms of Use or any Content Agreement, you agree that you are personally responsible for your conduct while browsing or using this Site or a Linked Site. You will indemnify, defend, and hold Exeter and our employees, officers, directors, shareholders, agents, and service providers (and the personal representatives, successors, and assigns of each of the foregoing) (the “Indemnified Parties“) harmless from and against any loss, damage, liability, cost, or expense of any kind (including, but not limited to, reasonable attorneys’ fees incurred at trial and on appeal and in bankruptcy proceedings or cases (or both)) that any or all the Indemnified Parties may incur in connection with a third party or other claim in relation to (a) your violation of any applicable law, rule, or regulation, (b) your breach of these Terms of Use, any Content Agreement, or any other agreement, disclosure, or notice displayed on or accessible by or through this Site or a Linked Site at any time, and (c) any other actions or omissions by you resulting in liability to us. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

Without limiting any other matter contained in these Terms of Use, any Content Agreement, or any other agreement, disclosure, or notice, your indemnification obligations under these Terms of Use will survive termination of these Terms of Use and your right, at any time, to browse access or use this Site.

14. MISCELLANEOUS

These Terms of Use contain the entire understanding between you and us regarding the subject matter set forth in these Terms of Use, superseding all prior or contemporaneous communications, agreements, and understandings between you and us regarding such subject matter of the foregoing.

These Terms of Use are binding on and inure to the benefit of you and us and the legal representatives, successors, and assigns of each; provided, however, that except as otherwise expressly provided, you may not assign, transfer, convey, or encumber any rights under these Terms of Use without our prior written consent, which consent may be withheld in our absolute and sole discretion.

These Terms of Use will be construed in accordance with the internal laws (and not the law of conflicts) of the state of Texas, without regard to its conflict of laws principles. If any provision or clause of these Terms of Use or any portion thereof is held by any court to be illegal, void, or unenforceable, the remainder of such provisions contained in any or all the foregoing shall not thereby be affected and shall be given full effect, without regard to the invalid portion.

If any suit or action is filed by either you or us to enforce these Terms of Use, the prevailing party will be entitled to recover reasonable attorneys’ fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court (including, without limitation, in a bankruptcy case or proceeding), and if any appeal is taken from the decision of a trial court (including a bankruptcy court), reasonable attorneys’ fees as fixed by the appellate court.

We will not be deemed to have waived any of our rights or remedies under these Terms of Use, unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies will operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

Last Updated: December 2, 2014