Terms of Use

Effective Date: November 1, 2022

Read these Terms. By accessing and using our Service, including this Site, you agree to be bound by, and use our Service in compliance with these Terms of Use. If you do not agree with these Terms, do not use our Service.

Welcome to the www.carfinance.com website (“Site”) belonging to Flagship Credit Acceptance LLC. The following Terms of Use (“Terms”) apply when you visit Flagship Credit Acceptance LLC (collectively, “Flagship,” “we,” “our,” or “us”) Site or use Flagship’s mobile or other online services (collectively with the Site, the “Service”). If you are under the age of 18 or you do not have legal capacity to enter into binding contracts please do not use our Service.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OUR SERVICE.

We may make changes to these Terms from time to time. When we do, we will revise the “effective” date given above. While we may, from time to time, alert you to changes in the Terms, it is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Service after such changes have been published will constitute your acceptance of such revised Terms. We reserve the right to terminate your use of our Services, in whole or in part, at any time.

You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Service and data, materials and information available at or through the Service.

License to Use Our Services

Subject to these Terms, we grant to you a limited, personal, non-exclusive, non- transferable license to use our Service for your personal use and not for resale or further distribution. We (and where applicable, parties from whom we have obtained licenses) retain all right, title and interest in and to our Service, including all related intellectual property rights.

Access to Our Services

We do not provide you with the equipment to access our Service. You are responsible for all fees charged by third parties related to your access and use of our Service (e.g., charges by Internet service providers, phone carriers, etc.).

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Service without notice. In the event you engage in or cause conduct violating our Terms of Use, we reserve the right to immediately modify or discontinue, temporarily or permanently, all or any portion of our Service without notice to You. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Service.

Restrictions

You must comply with all applicable laws when using our Service. Except as may be expressly permitted by applicable law or as Flagship may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Service (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Service or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Service to another person; (iv) use our Service or Service Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Service; (vi) use our Service in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Service; (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Service or any Service Content; or (viii) engage in conduct which inhibits or restricts the use of the Services by others. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any part of our Service; or (ii) circumvent or disable any security or technological features or measures of our Service.

Privacy

We may collect and use Private Information and Non-Private Information about you through our Service. Our collection and use of this information is governed by our Privacy Policy ( https://www.flagshipcredit.com/privacy-policy/). Your use of our Site or our Services is subject to our Privacy Policy.

In addition, if you reside in California, see our California Privacy Notice. (https://www.flagshipcredit.com/california-privacy-notice/)

Linking to Our Service

If you link to our Service, you are permitted to link only to the home page at www.flagshipautorefi.com. Linking to any pages other than the home page of our Service, linking to any internal parts of our Service, framing of our Service within or as part of any third- party services, or any other manner of incorporating parts of our Service as part of another Website or service, is not permitted without our prior written consent.

Restricted Areas of the Services

Certain parts of our Service, including account management features, may be password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Service that is known to you. You agree to not misuse passwords.

Typographical Errors

While we try to make sure that all prices posted on the Service are communicated accurately, we cannot be responsible for the typographical and other errors that may appear on the Service. If there is incorrect information due to a typographical error, Flagship is not responsible for such error or its correction; but will attempt to correct such error promptly. We reserve the right to refuse or cancel any orders for products or services listed at an incorrect price.

Access to the Service, Outages and Browser Incompatibilities

The Service may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. Flagship cannot be held liable for any perceived or actual damages arising from Service Content, operation, or use of this Service.

Links and Third Party Content, Products and Services

Our Services may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, products, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Service, or which is accessible through or may be located using our Service (collectively, “Third Party Content”) are those of the respective authors or providers and not of us , directors, officers, employees, agents, or representatives. If you have questions regarding vehicle Financing, a Service Contract, or Mechanical Breakdown Insurance, or any other ancillary product that you have obtained through Flagship, please contact us for provider contact information or you may contact the provider directly.

We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Service, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, services, products or other Third Party Content available on and through our Service.

User Postings to Our Service / Feedback

We may, from time to time, allow you to post and/or upload information and content to our Service.

You agree that we are free to use any feedback, suggestions, comments, information, ideas, concepts, methods, techniques, content, pictures, videos and any other material in any post or submission that you may make to our Service (each, a “Submission”), without further compensation, acknowledgement, or payment, for any purpose whatsoever including, without limitation, modifying or improving the Service. Furthermore, by making any Submission on the Service, you grant us a perpetual, nonexclusive, fully paid, royalty-free, irrevocable, sub licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

BY POSTING OR PROVIDING ANY SUBMISSION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION BY US WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.

You will not use our Services to: (i) upload, post, email, or otherwise transmit any Submission that contains content which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or that is invasive of another’s privacy, is hateful or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another; or (xi) collect or store personal data about other users.

Trademarks

“Flagship Credit Acceptance LLC,” the Flagship logo, and any other product or service name or slogan displayed on our Service are trademarks of Flagship and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Flagship, Inc. or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Flagship” or any other name, trademark or product or service name of Flagship without our prior written permission. In addition, the look and feel of our Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Flagship and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

Disclaimer of Warranties

YOUR USE OF THE SERVICE AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICE AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICE AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICE AND SERVICE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, attorneys, successors and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Service and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Service Content.

Arbitration Agreement

You or We may choose to resolve any Claim by neutral, binding arbitration and not by a court action or by jury trial. “We”, in this Arbitration Clause includes our employees, agents, successors, assigns, or affiliates. “Claim” means any claim or dispute which arises out of or relates to the Services, including your credit application, purchase or condition of the Property given as security, or any resulting transaction or relationship (including any such relationship with third parties who do not enter into this contract).  Claim includes any disagreement over the validity, scope, and interpretation of this Arbitration Clause, or the arbitrability of a Claim; provided, however, the effect of the waiver of class action rights hereunder will be determined by a court of competent jurisdiction.

Any Claim will be arbitrated on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. This is referred to herein as the “class action waiver.”

You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10017-4605 (www.adr.org) or any other organization subject to our approval. You may get a copy of the rules of these organizations by contacting them or visiting their websites.

If We or you elect to resolve a Claim through arbitration:

• Arbitration will be by one arbitrator.
• Arbitrators must be attorneys or retired judges selected pursuant to the applicable rules.
• If the chosen arbitrator organization’s rules conflict with this Arbitration Clause, then the provisions of this Arbitration Clause will control.
• The arbitration will be governed by the Federal Arbitration Act and not by any state law concerning arbitration.
• The arbitrator will apply governing substantive law and applicable statutes of limitation in making an award.
• The arbitration hearing will be conducted in the federal district in which I reside.
• We will advance your filing, administration, service or case management fee and your arbitrator or hearing fee up to a maximum of $2500, which may be reimbursed by decision of the arbitrator at the arbitrator’s discretion or if required by applicable law. If the arbitrator determines we must pay any other fees and costs for you in order for this Arbitration Clause to be enforceable, we will pay such fees and costs.
• Each party will pay for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.
• Discovery will be conducted in accordance with the arbitration organization rules.
• The arbitrator’s award will be final and binding on all parties, except (1) in the event the arbitrator’s award for you is less than $5,000 or against us is in excess of $100,000, or includes an award or injunctive relief against us, that party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel; and (2) for such appeals as may be permitted by the Federal Arbitration Act. The appealing party requesting new arbitration will be responsible for the filing fee and other arbitration costs subject to a final determination by the arbitrator of a fair apportionment of costs. We will advance such costs if you are unable to pay them.
• Any court having jurisdiction may enter judgment on the arbitrator’s award.

 

You and we retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court or class relief is sought. Neither you nor we waive the right to arbitrate by using self-help remedies or filing suit. This Arbitration Clause will survive any termination, payoff or transfer of this contract. If any part of this Arbitration Clause, other than the class action waiver, is deemed unenforceable, the remainder shall be enforceable. If the class action waiver is deemed unenforceable in a case in which class action allegations have been made, then this entire Arbitration Clause shall be unenforceable.

YOU MAY OPT OUT OF THIS ARBITRATION CLAUSE BY SENDING WRITTEN NOTICE TO US AT THE FOLLOWING ADDRESS: Flagship Auto Refinance, Attn: Direct Lending, 1234 Lakeshore Dr Ste 300, Coppell, TX 75019.

Legal Notices

Enforcement of these Terms will be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in a court of competent jurisdiction located in Pennsylvania. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

When you visit the Service or send e-mails, or upload/post information to the Service, you are communicating with us electronically. You consent to receive all documents and communications from us electronically, through email, social media, text to mobile devices, etc., based on the contact information you have provided to us and designated us to use. You may update the contact information for your account by updating your user information on the application. You agree that all agreements, notices, disclosures and other communications that we provide to you through any of these means satisfy any legal requirement that such communications be in writing.

If you withdraw your consent to receive documents from us electronically, you must notify us by email at [email protected] or mail to: Flagship Auto Refinance, Attn: Direct Lending, 1234 Lakeshore Dr Ste 300, Coppell, TX 75019.

You further agree that your vehicle transfer (registration and titling) may be processed electronically if electronic processing is available in the state in which the vehicle will be registered/titled.

We may discontinue the Service at any time and for any reason, without notice. We may change the contents, operation, or features of the Service at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Service. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these Terms or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms as to that breach or any other.

 Violation of Terms

In the event these terms are violated, Flagship reserves the right to terminate all services and prevent you from access and use of the Service in the future.

Financing, Insurance and Service Contracts

If you obtain Financing, Mechanical Breakdown Insurance, or a Service Contract or any other ancillary products from Flagship, additional terms and conditions apply.

Contacting Us

If you have any questions or concerns about our Service or these Terms, you may contact us by email at [email protected] or mail to: Flagship Auto Refinance, Attn: Direct Lending, 1234 Lakeshore Dr Ste 300, Coppell, TX 75019, or (833) 400-2055.