AUTHENTICATION AND AUTHORIZATION FOR SERVICE USAGE

The CNH Industrial Capital America LLC has striven to incorporate commercially reasonable methods (hereafter the "CNH Industrial Capital Service") to authenticate the information that you, the user (the "User") have supplied for making a payment through the CNH Industrial Capital Service. You will not be able to submit a payment until the CNH Industrial Capital Service authenticates you and you will not be allowed to use the CNH Industrial Capital Service to pay your bill until you have read these Terms and Conditions and have acknowledged you accept them.

By accepting these Terms and Conditions, you authorize CNH Industrial Capital Service to initiate a charge to the account that you have stored in the CNH Industrial Capital Service site according to your payment instructions. Each time you use the CNH Industrial Capital Service to pay your CNH Industrial Capital America LLC (hereafter "CNH Industrial Capital") account, you will be re-authorizing us to charge the account you select from the CNH Industrial Capital Service site.
By accepting these Terms and Conditions, you represent and warrant that:

  1. You are 18 years old or older;
  2. You are using your actual identity and any information you provide is accurate and complete;
  3. You are legally authorized to make payments using the account(s) you have stored in your CNH Industrial Capital site;
  4. You have read and agreed to our privacy policy; and
  5. Your use of the Service will not violate any local, state, or national laws or regulations.

PAYMENT AUTHORIZATION

By providing CNH Industrial Capital with the account information for your CNH Industrial Capital Service site, you authorize CNH Industrial Capital to follow the payment instructions we receive from you through the CNH Industrial Capital Service site.

When you use the CNH Industrial Capital Service to send CNH Industrial Capital a payment instruction, you authorize CNH Industrial Capital to initiate a message to your bank to charge the account you indicated from your CNH Industrial Capital Service site and to send those funds to CNH Industrial Capital for payment.

Links to Third Parties' Sites.

CNH Industrial Capital pages may currently or in the future include links to sites that are controlled or operated by third parties. Sites linked to the CNH Industrial Capital site are not necessarily under CNH's control, and CNH assumes no responsibility or liability for any information, communications or materials at such sites or at any site linked to a linked site. CNH does not intend that any third-party links be considered as referrals to or endorsements of the linked entities or any products and/or services marketed by them and such links are provided for convenience only. Each third party site has its own policies about what information is appropriate for public access. The user assumes sole responsibility for use of any third-party linked site

Intellectual Property.

The User acknowledges that this CNH Industrial Capital site contains intellectual property that is protected by state and/or federal trademark, trade secret and/or copyright laws. The User agrees not to use, reproduce, distribute copies of, or create derivative works from any contents of this site, or engage in any other action that may violate the intellectual property rights of CNH.

Assumption of Risk.

By using CNH Industrial Capital Service, User assumes all risk associated with the use of this site and its individual pages. This risk includes, but is not limited to, any risk to the User's computer, software or data caused by any virus software or other file that might be transmitted or activated via a CNH Industrial Capital page or the User's access to it. CNH Industrial Capital shall in no circumstance be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, lost profits or lost revenues, arising out of or in any way connected with the use or misuse of this site, or from any information, lack of information, documents, software, services, or other material obtained from or through any CNH Industrial Capital pages. The User assumes any and all risk arising out of the use of this site, whether based in contract, tort, strict liability, or otherwise, even in the event that CNH Industrial Capital and/or any of its employees, affiliates, or agents have been advised of the possibility of damages of any sort. CNH Industrial Capital shall not be liable for any loss or injury caused in whole or in part by its actions, or omissions, or contingencies beyond its control, including, without limitation, the procuring, compiling, displaying, or delivering of information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any User's decision, or action taken, or not taken in reliance upon the information or lack of information furnished.

Forbidden Uses.

UNDER NO CIRCUMSTANCE SHALL THE USER ACCESS OR ATTEMPT TO ACCESS CNH'S COMPUTER SYSTEM, COMPUTER NETWORK, OR ANY PART THEREOF FOR THE PURPOSE OF EXECUTING ANY OPERATION TO DEFRAUD OTHERS, COMMIT THEFT, OR VIOLATE ANY LOCAL, STATE, OR FEDERAL LAW. CNH Industrial Capital reserves the right to terminate at its own discretion the User's use of this site or forbid the User from accessing this site in the future in the event of any abuse of the site or any unauthorized or forbidden use by the User.

Indemnification.

The User agrees to indemnify CNH Industrial Capital, its directors, officers, agents and employees, against any and all liability, expenses, attorney fees, and damages arising out of or relating to the use of this site in any way, including, without limitation, any claims alleging facts that, if true, would constitute a breach by the User of these terms and conditions.

No Contractual Relationship.

The User acknowledges that, by the use of this site, no relationship of any kind. including but not limited to partnerships, joint ventures, employment or a contractual or agency relationship, exists between the User and CNH Industrial Capital or any of its or its affiliates' directors, officers, agents or employees.

Jurisdiction.

These Terms and Conditions are and shall be governed by the laws of the State of Wisconsin in the United States of America. The User consents to the exclusive jurisdiction and venue of courts located in Wisconsin, U.S.A. in all disputes arising out of or relating to the use of this site. Use of this site is not authorized in any jurisdiction that does not give effect to all provision of these terms and conditions. The User irrevocably waives any objection that it may have at any time to the venue of any suit, action or proceeding arising out of or relating to these Terms and Conditions brought in any such court and irrevocably waives any claim that such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waives the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over the User.

Applicable Laws.

CNH Industrial Capital's performance under these Terms and Conditions is subject to existing laws and legal process and nothing contained herein is in derogation of CNH Industrial Capital's right to comply with law enforcement requests or requirements relating to any party's use of this site or information provided to or collected by CNH Industrial Capital regarding such use.

Survival.

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law. The invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that closely resembles the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement.

These Terms and Conditions constitutes the entire agreement between the User and CNH Industrial Capital regarding this site. These Terms and Conditions supersede all prior or contemporaneous communications made in any medium of expression between the User and CNH regarding this site and the subject matter of these Terms and Conditions.

Liability Limitations.

We will not be liable for any loss resulting from a cause over which we do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, power outages, telephone or other interconnect problems, computer viruses, "hacking," unauthorized access, theft, operator errors, delays in the banking system, severe weather, earthquakes, natural disasters, strikes or other labor problems, acts of terrorism, wars, or governmental restrictions. In addition, we will not be responsible for any problems, costs or consequences of:

  1. Our inability to confirm your identity.
  2. Your inability to access the information on the site.
  3. Inaccuracies or errors in the information or material on the site.
  4. Termination or suspension of your participation in the Service for security purposes.
  5. Your failure to provide us with correct, current and complete information.

Disclaimers

THE SERVICE (AND ALL OTHER RELATED SERVICES) IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES, OR RESULTS; AND (2) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

We reserve the right to change and/or discontinue our currently provided services at any time, for any reason, to the extent permitted by applicable law.

 
 
 
 


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