Electronic Communications Disclosure
Last Update: August 30, 2011
Note: Please read this Electronic Communications Disclosure carefully.This disclosure applies to communications we provide to you in connection with any and all of your accounts with Mitsubishi Motors Credit of America, Inc. and/or MMCA Lease Ltd. (collectively, "MMCA", "we", "us", and "our") accessible through mitsubishicredit.com, currently or in the future.
The words "I", "you" and "your" mean each account holder identified on an account.
(1) Your Legal Rights
Certain laws require us to provide specific information to you in writing, which means you have a right to receive that information on paper. We may provide such information to you electronically if we first present this Electronic Communications Disclosure and obtain your consent to receive it electronically. Since the mitsubishicredit.com website includes some of this information, you must consent to this Electronic Communications Disclosure prior to accessing that information.
(2) Joint Account Holders. Your consent will also apply to any other person or business named on your account.
(3) Types of Electronic Communications You Will Receive
MMCA may provide to you electronically by posting on the mitsubishicredit.com website or by sending it to you by e-mail (if applicable and if you have provided a valid e-mail address), agreements, disclosures, notices, and other information and communications regarding your accounts, the use of the mitsubishicredit.com website, your relationship with us, and/or other programs, products or services that are or may be in available to you in the future ("Communications"). Such Communications may include, but are not limited to:
This Electronic Communications Disclosure and any updates;
The Agreement of Terms and Use, other service or user agreements for online access to mitsubishicredit.com, all updates to these agreements, and all disclosures, notices and other communications regarding the mitsubishicredit.com website;
Periodic, annual, monthly or other statements, disclosures and notices relating to the maintenance or operation of an account, but not limited to account information, account activity, payments made or due, or other statements, disclosures or notices that may be required by applicable federal or state laws and regulations;
Any notice or disclosure regarding an account fee;
Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to accounts; and
(4) Setting Your Electronic Communications Preferences
After you consent to this Electronic Communications Disclosure, you will still be able to set your preferences to receive certain Communications, e.g. monthly statements, in (1) both electronic and paper format; (2) electronic format only; or (3) paper format only. Setting your Communications preferences may not be available for all accounts or services. For more information on the availability of your electronic communications preference management options, please refer to the appropriate electronic communications preference page on the mitsubishicredit.com website. If you decide to receive some Communications in paper and some electronically, the Communications that you receive electronically will be governed by this Electronic Communications Disclosure.
(5) Types of Communications You Will Receive in Paper
This Electronic Communications Disclosure does not apply to:
Any notice of default, acceleration, repossession, or the right to cure or reinstate or redeem; and
Any other communications that MMCA determines in its sole discretion that you should receive in paper rather than electronic form.
Such notices and disclosures shall be mailed to the primary address we show for you in our records or otherwise delivered as required by law or the governing agreement.
(6) Hardware and Software Requirements
While you may be able to access and retain the Communications using other hardware and software, your personal computer needs to support the following requirements:
An operating system, such as:
Windows NT, 2000, ME, XP, Vista, or Win 7; or
Macintosh OS 10.x
For PC using Windows NT, 2000, ME, XP, Vista, or Win 7
Microsoft Internet Explorer 7.0 and higher
Firefox 3 and higher
Chrome 3.0 and higher
For Macintosh using OS 10.x
Safari 3.0 and higher
Firefox 3 and higher
Chrome 4.0 and higher
Most Communications provided within the mitsubishicredit.com website are provided either in HTML and/or PDF format. For Communications provided in PDF format, Adobe Acrobat Reader 6.0 or later versions is required. A free copy of Adobe Acrobat Reader may be obtained from the Adobe website at www.adobe.com. Download Adobe Reader for free. Link opens new window.
In certain circumstances, some Communications may be provided by e-mail. You are responsible for providing us with a valid e-mail address to accept delivery of Communications.
To print or download Communications you must have a printer connected to your computer or sufficient hard-drive space (approximately 1 MB) to store the Communications.
(7) How to Withdraw Your Consent to this Electronic Communications Disclosure
Subject to applicable law, you may withdraw your consent to this Electronic Communications Disclosure by calling the appropriate toll-free customer service phone number. Please access the "Contact" link to find the appropriate phone number. You will not be charged a fee for withdrawal of your consent.
If you withdraw your consent, we may stop providing you with Communications electronically and we may terminate your online access. Your withdrawal of consent is effective only after you have communicated your withdrawal to MMCA by calling the appropriate customer service phone number and MMCA has had a reasonable period of time to act upon your withdrawal. Your consent shall remain in force until withdrawn in the manner provided in this section.
Remember that you can always set your Communications preferences as described in Paragraph 4 above without withdrawing your consent to this Electronic Communications Disclosure.
Certain Notices From You Are Not Covered. Applicable law or contracts sometimes require you to give us "written" notices. You must still provide these notices to us on paper. Your consent here does not relate to those notices.
(8) Obtaining Copies of Electronic Communications.
You may print or make a copy of Communications by using the "Print" button (or otherwise using your printing functionality) or saving a copy. Upon request, we will provide you with a paper copy of any Communication provided electronically by MMCA to you pursuant to this Electronic Communications Disclosure, provided we receive your request within 60 days after the date the Communication was first made available to you electronically. You may request a paper copy of these Communications by calling us at the appropriate toll-free customer service phone number for your account. Please refer to the "Contact" link on the mitsubishicredit.com website to find the appropriate customer service phone number. Be sure to specify your account, the specific Communication for which you are requesting a paper copy, and the address to which it should be mailed. We may charge fees for paper copies of the Communications.
(9) Updating Your Contact Information
In the event that your e-mail address or other contact information is changed, you must notify MMCA of such changes immediately through one of the following methods:
Access the My Account page within the mitsubishicredit.com website and click the appropriate links under "My Profile" to update your contact information; or
Calling the appropriate toll-free customer service phone number and communicate the contact information changes.
If you fail to update or change an incorrect e-mail address or other contact information, you understand and agree that any Communications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form on the mitsubishicredit.com website or e-mailed to the e-mail address we have for you in our records.
(10) Retain Copies for Your Records
We recommend that you print or download a copy of this Electronic Communications Disclosure, the Agreement of Terms and Use and all other Communications to retain for your permanent records.
Your Right to Access and Use mitsubishicredit.com
The right to access and use mitsubishicredit.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use mitsubishicredit.com for lawful purposes and pursuant to the terms and conditions of this Agreement.
By accessing and using mitsubishicredit.com, you are indicating your acceptance to be bound by this Agreement and you agree to comply with all of the terms and conditions of this Agreement. If you do not accept the terms and conditions stated in this Agreement, you may not access or use mitsubishicredit.com. MMCA may revise this Agreement at any time by modifying this page. You should visit this page periodically to review any changes to this Agreement because the terms and conditions herein are binding on you, even if they have changed from the last time you reviewed this Agreement. If at any time you find this Agreement unacceptable, you may no longer use mitsubishicredit.com.
Any action by you that, as determined by MMCA, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying mitsubishicredit.com shall not be permitted, and may result in your loss of the right to access and use mitsubishicredit.com.
To prevent unauthorized access to your account on mitsubishicredit.com, you agree to keep your user name, password and any other security or access information (collectively, "Access Information") confidential. MMCA recommends that you memorize your Access Information and do not write it down. You agree not to give or otherwise make available your Access Information to any unauthorized individual.
Mitsubishicredit.com is generally available for your use 7 days a week, 24 hours a day. However, from time to time, MMCA may perform maintenance upon or experience hardware, software or other problems related to mitsubishicredit.com, resulting in interrupted service, delays, or errors. Under certain circumstances, MMCA may deny your access to mitsubishicredit.com or any part thereof, or the processing of transactions, in order to maintain or restore security or performance to the site or MMCA's systems. MMCA may also do so if it reasonably believes your Access Information has been or may be obtained or is being or may be used by an unauthorized person(s), although it has no responsibility to do so.
You agree that all electronic communications that MMCA receives from you via mitsubishicredit.com or as otherwise connected with a transaction occurring via mitsubishicredit.com, such as those directing us to take an action with respect to your account, will be deemed valid, authentic, and binding obligations. These communications 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 (i) to have been "signed" and (ii) 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. You also agree such copies shall be admissible as evidence 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 paper form. If you have a joint account, MMCA may act on the verbal, written or electronic instructions of any joint account holder. Please see the Electronic Communications Disclosure for additional information.
If bill payment is available through mitsubishicredit.com, MMCA, or a third party acting as our contractor, will use reasonable efforts to complete bill payments according to your instructions. However, neither a third party service provider nor we will be liable in any way (including, but not limited to, payment processing errors or fees):
If, through no fault of our own or of our contractor, you do not have enough available funds or credit in your account to complete a transaction, or if your account has been closed;
If the bill payment feature is not working properly and you knew or were told about the malfunction before you started the transaction;
If you have not properly followed instructions on how to make a bill payment;
If you do not provide MMCA with complete, correct, and current payment information and contact information, or if you otherwise do not give complete, correct, and current instructions;
If you do not authorize a bill payment in time for your payment to be made and credited by the due date;
If withdrawals from your account have been prohibited by a court order such as a garnishment or other legal process;
If we or our agent reasonably believe that a transaction may be unauthorized;
If your computer, computer system, or any related equipment and software is or was not working properly;
If circumstances beyond our or our contractor's control prevent making a bill payment including, but not limited to, computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters, terrorist acts or war; and
In any other set of circumstances as set forth in any additional agreements between MMCA or its contractors or any other third party and you respecting such payment.
Intellectual Property Rights
Images of vehicles, people or places displayed on mitsubishicredit.com are either the property of, or used with permission by, MMCA. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on mitsubishicredit.com. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on mitsubishicredit.com, including, without limitation, the names "Mitsubishi Motors Credit of America, Inc.," "MMCA Lease Ltd.," "mitsubishicredit.com," "MMCA", and their respective logos are registered and unregistered Trademarks of MMCA, its affiliates or their rightful owners. Nothing contained on mitsubishicredit.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on mitsubishicredit.com without the written permission of MMCA or such third party owners of the Trademarks. Any use of third party Trademarks on mitsubishicredit.com is done either by permission of the Trademarks' owners, or as part of a "News" story or feature and subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting MMCA any official status with any third party, unless otherwise noted. Your use of the Trademarks displayed on mitsubishicredit.com except as provided in this Agreement, is strictly prohibited. You are also advised that MMCA and its affiliates will aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The data and content contained on or downloaded from mitsubishicredit.com (collectively, the "Content") are, as between MMCA and you, the copyrighted property of MMCA, which also owns a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content. You agree to use mitsubishicredit.com strictly for your own purposes and shall not modify, disassemble, copy or transfer the Content to any person, corporation or other entity. You may not sublicense, assign, or transfer this Agreement without the express written consent of MMCA. You hereby understand and agree that the use of mitsubishicredit.com is completely voluntary and not required by MMCA.
Without the prior written consent of MMCA, you may only print, download or otherwise use the Content in printed format; however, you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of Content.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use other than personal, non-commercial use of the Content is permitted without the express prior written permission of MMCA or its licensors.
You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.
You shall be solely responsible for any damage resulting from your infringement of MMCA's intellectual property, or any other harm incurred by MMCA as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use for purposes other than personal, non-commercial use of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement.
No Representations or Warranties Regarding Content
MITSUBISHICREDIT.COM AND THE CONTENT ARE BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. MMCA DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, AVAILABILITY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT.
MMCA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM MITSUBISHICREDIT.COM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON MITSUBISHICREDIT.COM.
Links to Third Party Sites
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use mitsubishicredit.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of mitsubishicredit.com.
Limitations on MMCA's Liability
MMCA SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF REVENUE OR BUSINESS, AS A RESULT OF:
(i) YOUR ACCESS AND USE OF MITSUBISHICREDIT.COM;
(ii) YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL OR COMMERCIAL USE;
(iii) YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY MMCA'S PRIOR WRITTEN PERMISSION REGARDING THE SAME;
(iv) YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED, PRINTED, OR ADVERTISED FROM MITSUBISHICREDIT.COM; OR
(v) YOUR CUSTOMER'S RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED OR PRINTED FROM MITSUBISHICREDIT.COM.
You shall defend, indemnify and hold harmless MMCA and each of its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) any access or use of mitsubishicredit.com by you.
Third Party Rights
This Agreement is for the benefit of MMCA, its affiliates, and third party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on their behalf.
You acknowledge that MMCA may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, MMCA shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Orange County, California, or the United States District Court, Central District of California. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules, or the United States District Court, Central District of California.
If you are presently in a bankruptcy proceeding or have received a discharge in bankruptcy and not reaffirmed this debt, then the content on mitsubishicredit.com is provided merely for information purposes and does not constitute an attempt to collect against you.
This Agreement is to be governed and construed in accordance with the internal laws of the State of California, without regard to principles of conflicts of laws.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by MMCA from time to time, shall survive any termination of this Agreement or non-use of mitsubishicredit.com by you.
By clicking the "Accept" button,
1. You agree to enter into agreements with us electronically, you have the required hardware and software set forth above, and you agree to all of the provisions of the Electronic Communications Disclosure; and
2. You acknowledge that you have reviewed the Agreement of Terms and Use, agree to be legally bound by all terms and conditions of the Agreement, and are signing the Agreement with your legally binding signature.
If you do not want to sign, click "Decline" to terminate the enrollment process for online access.