Terms of Use

Select Country: United States | Canada

US Terms of Service

Effective Nov 2017

This website ("Web Site") allows PACCAR Financial Corp. (“PFC”) customers to perform a number of account-related self-service functions for U.S. loan or lease accounts that are owned or serviced by PFC (“PFC Accounts”). These services include adding a financial institution for making online payments, scheduling and making recurring online payments, viewing basic account information, requesting payoff quotes, paying off accounts via online payment and sending messages to customer service (“Services”). PFC allows you to utilize these Services and otherwise use this Web Site only on the condition that you accept the terms set forth here (“Terms of Use” or “Terms”) without modification or exception. Please read these Terms carefully. BY USING THIS WEB SITE, YOU ARE AGREEING TO THESE TERMS AND ENTERING INTO A CONTRACT WITH US. IF YOU DON’T AGREE TO THESE TERMS (WITHOUT MODIFICATION OR EXCEPTIONS ) THEN YOU MAY NOT USE THIS WEB SITE.

ACCEPTANCE OF PRIVACY POLICY

Your use of the Web Site is also governed by our PRIVACY POLICY, which (as changed from time to time) is incorporated into these Terms of Use. Please take the time to read our PRIVACY POLICY carefully. You can access our PRIVACY POLICY by clicking on the lower left hand corner of the Web Site. By accepting these Terms of Use, you also accept and agree to our PRIVACY POLICY.

ELECTRONIC DELIVERY OF FUTURE DISCLOSURES AND OTHER COMMUNICATIONS

You agree to accept all disclosures and other communications between you and us on this Web Site or at the primary e-mail address associated with your PFC Account. You should print and retain a copy of all such disclosures and communications. You agree that PFC may send notices to you at the primary e-mail address associated with your PFC Account, including but not limited to the following:

If your online access has been locked due to incorrect password entries
Past due payment notices
Payment due notices
Rejected payment notices
Payment processed notices

AUTHORIZED SIGNER

You may not access any PFC Account, register for, or utilize any of the Services unless you are the customer who owns the PFC Account, or you have been authorized to perform such actions by the customer who owns the PFC Account. If you are not so authorized, do not continue with the registration process or otherwise utilize any Services.

CHANGES TO THESE TERMS; ACCEPTANCE

You understand and agree that we may change these Terms or our PRIVACY POLICY at any time without further notice to you at our sole discretion. Your continued use of the Services or the Web Site after any such changes means you agree to the new Terms. If we make any material changes to the Terms, we will endeavor to post the changes here and will indicate at the top of this page the date these Terms were last revised. In that regard, you agree that PFC may, without any obligation to do so, provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, postings on the Web Site or through the Services, or other reasonable means now known or hereinafter developed. If you do not agree to abide by any future Terms, do not continue to access or otherwise use the Services or the Web Site. You agree it is your responsibility to regularly check the Web Site to determine if there have been changes to these Terms and to ensure your compliance therewith.

BUSINESS DAYS AND CUTOFF TIMES

Our business days are Monday through Friday, excluding normal bank holidays. Account information is updated late in the night/early in the morning on business days and will generally be refreshed by 3:00 am Pacific Time

Online payments scheduled on business days before the cut-off time of 4:30 p.m. Pacific Time will be applied to your PFC account on the same day. Online Payments scheduled on business days after 4:30 p.m Pacific Time or on weekends and holidays will be applied to your PFC account on the next business day.

SERVICE HOURS

The Services are generally available 24 hours a day, 365 days a year, except for late Saturday night/early Sunday morning, when the system may be shut down for routine maintenance and upgrades.

YOUR USE OF THIS WEB SITE

We require that everyone use the Web Site and the Services only for lawful and appropriate purposes. Specifically, we require that you not:

Violate the rights of others;
Use any robot, spider, scraper, off-line reader, or other automated means to access the Web Site for any purpose without our express written permission;
Attempt to gain unauthorized entry into PFC’s Web Sites or systems;
Misuse any password or any information posted on this Web Site.
Take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
Introduce or try to introduce any viruses, or other computer code, file or program that interrupts, destroys, or otherwise limits the functionality of this Web Site or the Services;
Interfere with or try to interfere with the proper working of the Web Site or any activities conduct on the Web Site;
Bypass any measures we may [use/implement] to prevent or restrict access to the Web Site;
Impersonate another; or
Interfere with another’s use and enjoyment of the Web Site.

THIRD-PARTY LINKS

From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by PFC or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located on or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.

Links to non-PFC web sites are provided solely as pointers to information on topics that may be useful, and PFC has no control over the content on non-PFC web sites. If you choose to link to a web site not controlled by PFC, PFC makes no warranties, either express or implied, concerning the content of such web site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does PFC warrant that such web site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Links to non-PFC web sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such web sites, or any representation regarding the content at such web sites.

TERMINATION

PFC may suspend or terminate your PFC Account or your use of this Web Site or the Services at any time, for any reason or for no reason. Without limiting the foregoing, we may block or terminate your access to our Web Site or the Services in the event that (a) you breach these Terms, including the PRIVACY POLICY or the terms of any other legal notice published by PFC on this Web Site or through the Services; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

ACCESS AND USE

Access to the Web Site or the Services may from time to time be unavailable, delayed, limited or slowed, or its ability to function properly may be affected, due to causes beyond the control of PFC, its affiliates, agents, and vendors, including but not limited to the following:

hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
overload of system capacities;
damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
interruption (whether partial or total) of power supplies or other utility of service;
strike or other stoppage (whether partial or total) of labor; or
governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention;

PASSWORD SECURITY AND NOTIFICATION

If you have a password for access to non-public areas of the Web Site, you are solely responsible for all activities that occur in connection with your password. Accordingly, you should take steps to protect the confidentiality of your password. Notify PFC immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password. Notification can be made by phone, (800) 777-8525, or by mail, PACCAR Financial Corp., 777 106th Ave NE, Bellevue, WA 98004.

When you give someone your password for the Services, you are authorizing that person to use the Services for your PFC Account, and you are responsible for all transactions the person performs using the Services. All transactions performed by that person, even those transactions you did not intend or want performed, are authorized transactions. Transactions that you, or someone acting with you, initiates with fraudulent intent are also authorized transactions. For your protection, sign off after every Services session and close your browser to ensure confidentiality.

No PFC employee or affiliate will contact you via e-mail or telephone requesting your password for the Services If you are contacted by anyone requesting this information, please contact us immediately.

RELATION TO OTHER AGREEMENTS

When you access PFC Accounts using the Services, this does not change the agreements you already have with us on those accounts. For example, when you use the Services to access a lease account, you do so under the terms and conditions you agreed to in the lease agreement. You should review those agreements for any applicable fees, and for other restrictions which might impact your use of an account with the Services. Nothing in these Terms of Use modifies or expands the terms of any loan or lease agreement that you have with PFC.

JOINT ACCOUNTS

When your PFC Accounts are co-owned or joint accounts, we may act on the properly communicated instructions of any authorized signer regarding your PFC Accounts.

TIMELINESS OF CONTENT

All content on the Web Site is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

PROPRIETARY RIGHTS; CONTENT

All content displayed on the Web Site and through the Services, including media, text, graphics, photographs, images, moving images, sound, “look and feel”, general design and illustrations ("Content"), is owned by PFC, its affiliates, licensors, vendors, or agents. All elements of the Web Site, the Services, and the Content are protected by intellectual property rights including trade dress, copyright, moral rights, trademark and similar proprietary rights.

NO WARRANTY; DISCLAIMERS

YOUR ACCESS AND USE OF THIS WEB SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. THE INFORMATION, CONTENT, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR OTHERWISE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PFC NOR ANY OF ITS AFFILIATES, LICENSORS, VENDORS, OR AGENTS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER PFC NOR ANY OF ITS AFFILIATES OR LICENSORS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATION OF LIABILITY

Neither PFC, its affiliates, nor their respective vendors, suppliers or licensors assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or the Services, or your downloading of any information or materials from this Web Site or the Services. IN NO EVENT WILL PFC, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, VENDORS, SUPPLIERS, LICENSORS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE OR THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, THE SERVICES, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

RELEASE AND INDEMNITY

You agree to defend, indemnify and hold harmless PFC, its affiliates, and their respective officers, directors, employees, shareholders, agents, vendors, suppliers, licensors, successors and assigns from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising out of use of the Services or Web Site, breach of these Terms of Use, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use the Services or Web Site. In addition, you unconditionally release PFC and its affiliates (and their respective officers, directors, employees, shareholders, affiliates, agents, vendors, suppliers, licensors, successors and assigns) from all claims, demands, proceedings, damages, actions, costs and liabilities of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the foregoing.

APPLICABLE LAW, JURISDICTION AND VENUE

By visiting the Web Site, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms of Use and any other terms and conditions entered into between you and PFC with respect to your use of this Web Site or of the Services, and that they will govern any dispute of any sort that might arise between you and PFC. You further agree that any dispute relating in any way to your use of this Web Site or the Services shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.

SEVERABILITY

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

ACTING ON BEHALF OF CUSTOMER

General Authorization:

At your request, PACCAR Financial employees may assist you by acting on your behalf to make changes to your online payments. This assistance may include scheduling or canceling payments and modifying your financial institution information. It is your sole responsibility to provide complete and accurate information for these changes. PACCAR Financial is not responsible for payment errors or fees incurred as a result of inaccurate information provided.

Notification:

Information describing actions taken on your behalf will be sent to the email address in your user profile. It is your sole responsibility to ensure that contact information in your user profile is current and accurate.

Error Resolution:

If you think an unauthorized change has been made you will IMMEDIATELY contact PACCAR Financial via telephone. You may also need to contact your Financial Institution. Errors reported orally may also require notification in writing for our investigation.

Canada Terms of Service

Effective Nov 2017

This website ("Web Site") allows PACCAR Financial Services Ltd. (“PFS”) customers to perform a number of account-related self-service functions for Canadian loan or lease accounts that are owned or serviced by PFS (“PFS Accounts”). These services include adding a financial institution for making online payments, scheduling and making recurring online payments, viewing basic account information, requesting payoff quotes, paying off accounts via online payment and sending messages to customer service (“Services”). PFS allows you to utilize these Services and otherwise use this Web Site only on the condition that you accept the terms set forth here (“Terms of Use” or “Terms”) without modification or exception. Please read these Terms carefully. BY USING THIS WEB SITE, YOU ARE AGREEING TO THESE TERMS AND ENTERING INTO A CONTRACT WITH US. IF YOU DON’T AGREE TO THESE TERMS (WITHOUT MODIFICATION OR EXCEPTIONS ) THEN YOU MAY NOT USE THIS WEB SITE.

ACCEPTANCE OF PRIVACY POLICY

ELECTRONIC DELIVERY OF FUTURE DISCLOSURES AND OTHER COMMUNICATIONS

You agree to accept all disclosures and other communications between you and us on this Web Site or at the primary e-mail address associated with your PFS Customer Account. You should print and retain a copy of all such disclosures and communications. You agree that PFS may send notices to you at the primary e-mail address associated with your PFS Account, including but not limited to the following:

If your online access has been locked due to incorrect password entries
Past due payment notices
Payment due notices
Rejected payment notices
Payment processed notices

AUTHORIZED SIGNER

You may not access any PFS Account, register for, or utilize any of the Services unless you are the customer who owns the PFS Account, or you have been authorized to perform such actions by the customer who owns the PFS Account. If you are not so authorized, do not continue with the registration process or otherwise utilize any Services.

CHANGES TO THESE TERMS; ACCEPTANCE

You understand and agree that we may change these Terms or our PRIVACY POLICY at any time without further notice to you at our sole discretion. Your continued use of the Services or the Web Site after any such changes means you agree to the new Terms. If we make any material changes to the Terms, we will endeavor to post the changes here and will indicate at the top of this page the date these Terms were last revised. In that regard, you agree that PFS may, without any obligation to do so, provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, postings on the Web Site or through the Services, or other reasonable means now known or hereinafter developed. If you do not agree to abide by any future Terms, do not continue to access or otherwise use the Services or the Web Site. You agree it is your responsibility to regularly check the Web Site to determine if there have been changes to these Terms and to ensure your compliance therewith.

BUSINESS DAYS AND CUTOFF TIMES

Online payments scheduled on business days before the cut-off time of 4:30 p.m. Pacific Time will be applied to your PFS account on the same day. Online Payments scheduled on business days after 4:30 p.m Pacific Time or on weekends and holidays will be applied to your PFS account on the next business day.

SERVICE HOURS

The Services are generally available 24 hours a day, 365 days a year, except for late Saturday night/early Sunday morning, when the system may be shut down for routine maintenance and upgrades.

YOUR USE OF THIS WEB SITE

We require that everyone use the Web Site and the Services only for lawful and appropriate purposes. Specifically, we require that you not:

Violate the rights of others;
Use any robot, spider, scraper, off-line reader, or other automated means to access the Web Site for any purpose without our express written permission;
Attempt to gain unauthorized entry into PFS’s Web Sites or systems;
Misuse any password or any information posted on this Web Site.
Take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
Introduce or try to introduce any viruses, or other computer code, file or program that interrupts, destroys, or otherwise limits the functionality of this Web Site or the Services;
Interfere with or try to interfere with the proper working of the Web Site or any activities conduct on the Web Site;
Bypass any measures we may [use/implement] to prevent or restrict access to the Web Site;
Impersonate another; or
Interfere with another’s use and enjoyment of the Web Site.

THIRD-PARTY LINKS

From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by PFS or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located on or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.

Links to non-PFS web sites are provided solely as pointers to information on topics that may be useful, and PFS has no control over the content on non-PFS web sites. If you choose to link to a web site not controlled by PFS, PFS makes no warranties, either express or implied, concerning the content of such web site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does PFS warrant that such web site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Links to non-PFS web sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such web sites, or any representation regarding the content at such web sites.

TERMINATION

PFS may suspend or terminate your PFS Account or your use of this Web Site or the Services at any time, for any reason or for no reason. Without limiting the foregoing, we may block or terminate your access to our Web Site or the Services in the event that (a) you breach these Terms, including the PRIVACY POLICY or the terms of any other legal notice published by PFS on this Web Site or through the Services; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

ACCESS AND USE

Access to the Web Site or the Services may from time to time be unavailable, delayed, limited or slowed, or its ability to function properly may be affected, due to causes beyond the control of PFS, its affiliates, agents, and vendors, including but not limited to the following:

hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
overload of system capacities;
damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
interruption (whether partial or total) of power supplies or other utility of service;
strike or other stoppage (whether partial or total) of labor; or
governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention;

PASSWORD SECURITY AND NOTIFICATION

If you have a password for access to non-public areas of the Web Site, you are solely responsible for all activities that occur in connection with your password. Accordingly, you should take steps to protect the confidentiality of your password. Notify PFS immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password. Notification can be made by phone, (800) 777-8525, or by mail, PACCAR Financial Corp., 777 106th Ave NE, Bellevue, WA 98004.

When you give someone your password for the Services, you are authorizing that person to use the Services for your PFS Account, and you are responsible for all transactions the person performs using the Services. All transactions performed by that person, even those transactions you did not intend or want performed, are authorized transactions. Transactions that you, or someone acting with you, initiates with fraudulent intent are also authorized transactions. For your protection, sign off after every Services session and close your browser to ensure confidentiality.

No PFS employee or affiliate will contact you via e-mail or telephone requesting your password for the Services If you are contacted by anyone requesting this information, please contact us immediately.

RELATION TO OTHER AGREEMENTS

When you access PFS Accounts using the Services, this does not change the agreements you already have with us on those accounts. For example, when you use the Services to access a lease account, you do so under the terms and conditions you agreed to in the lease agreement. You should review those agreements for any applicable fees, and for other restrictions which might impact your use of an account with the Services. Nothing in these Terms of Use modifies or expands the terms of any loan or lease agreement that you have with PFS.

JOINT ACCOUNTS

When your PFS Accounts are co-owned or joint accounts, we may act on the properly communicated instructions of any authorized signer regarding your PFS Accounts.

TIMELINESS OF CONTENT

PROPRIETARY RIGHTS; CONTENT

All content displayed on the Web Site and through the Services, including media, text, graphics, photographs, images, moving images, sound, “look and feel”, general design and illustrations ("Content"), is owned by PFS, its affiliates, licensors, vendors, or agents. All elements of the Web Site, the Services, and the Content are protected by intellectual property rights including trade dress, copyright, moral rights, trademark and similar proprietary rights.

NO WARRANTY; DISCLAIMERS

YOUR ACCESS AND USE OF THIS WEB SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. THE INFORMATION, CONTENT, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR OTHERWISE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PFS NOR ANY OF ITS AFFILIATES, LICENSORS, VENDORS, OR AGENTS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER PFS NOR ANY OF ITS AFFILIATES OR LICENSORS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATION OF LIABILITY

Neither PFS, its affiliates, nor their respective vendors, suppliers or licensors assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or the Services, or your downloading of any information or materials from this Web Site or the Services. IN NO EVENT WILL PFS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, VENDORS, SUPPLIERS, LICENSORS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE OR THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, THE SERVICES, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

RELEASE AND INDEMNITY

You agree to defend, indemnify and hold harmless PFS, its affiliates, and their respective officers, directors, employees, shareholders, agents, vendors, suppliers, licensors, successors and assigns from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising out of use of the Services or Web Site, breach of these Terms of Use, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use the Services or Web Site. In addition, you unconditionally release PFS and its affiliates (and their respective officers, directors, employees, shareholders, affiliates, agents, vendors, suppliers, licensors, successors and assigns) from all claims, demands, proceedings, damages, actions, costs and liabilities of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the foregoing.

APPLICABLE LAW, JURISDICTION AND VENUE

By visiting the Web Site, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms of Use and any other terms and conditions entered into between you and PFS with respect to your use of this Web Site or of the Services, and that they will govern any dispute of any sort that might arise between you and PFS. You further agree that any dispute relating in any way to your use of this Web Site or the Services shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.