co-browse terms and conditions
CO-BROWSE TERMS AND CONDITIONS
Last update: July 24, 2016
By clicking “I agree” and using the Co-Browse Service, you authorize Ally Financial Inc., Ally Bank, and their direct and indirect subsidiaries and
affiliates (“Ally”, “we”, “us”, or “our”) and our Customer Service Agents (“CSA”) to view and access your Ally Auto Online Services (“AAOS”) session
using third-party software and services (“Service”) and you agree to be bound by these terms and conditions.
You represent, warrant and covenant that you: (i) are a legal resident of the fifty (50) United States or the District of Columbia, (ii) are at least 18 years
old and have every right to contract in your own name, and (iii) have the power, authority and capacity to agree to these Terms and Conditions. By
using the Service, you signify you meet all of the foregoing criteria, and agree any action taken by you on the Service shall be deemed an action taken
on your own behalf.
If you do not agree with these terms and conditions, do not use the Service. You should review these terms and conditions before using the Service.
1. The Co-Browse Service
When you agree to use the Service, Ally and its CSAs can view and access only your active AAOS session along with you in order to provide you with
live assistance to address your customer service inquiry. You acknowledge that the Service may be provided to you by Ally and/or its vendors. Ally and
its CSA will have limited access through the Service to view and access your AAOS web session at allyauto.com.
You may end your current use of the Service at any time by closing your browser window. Your current co-browse session will automatically be
terminated at the end of your call with a CSA if neither you nor the CSA ended the session prior to ending your call.
2. Use of the Service
You agree to only use the Service with the interfaces and servers provided on or through the Service. You agree to only use the Service in accordance
with these Terms and Conditions and applicable laws and regulations. You agree not to use the Service to the extent doing so would result in your
breach of an obligation to a third party (e.g. your employer prohibits use of such a service on its equipment or through its network). You agree that any
information you provide to Ally during or through your use of the Service will be true, accurate, current and complete at the time you provide it, and that
you will update such information to keep it true, accurate, current and complete. Ally is under no obligation to validate any Ally or other information that
you provide while using the Service.
3. Additional Terms
In addition to these Terms and Conditions, your use of the Service, and any information collected from or about you during or through your use of the
Service, is subject to the Ally Online Privacy Policy (ally.com/privacy) and the AAOS Terms of Use (www.ally.com/resources/pdf/auto/ally-auto-onlineterms-of-use.pdf). In the event of a conflict between these Terms and Conditions and the AAOS Terms of Use, these Terms and Conditions will govern.
4. Third Party Software, Hardware and Services
You are responsible for all your and any third-party software, hardware and services used in connection with the Service. Any third-party software,
hardware or services (whether required or optional) that you use in conjunction with the Service, are the sole responsibility of you and/or such third
party, and your use of such third-party software, hardware or services is subject to the terms, conditions, warranties and disclaimers provided by such
third party, and not these Terms and Conditions.
5. Changes to the Service/Violation of Terms and Conditions
You agree that the form, nature, features and functionality of the Service may change from time to time, on both a continuous and intermittent basis,
without prior notice to you. We may suspend or discontinue the Service at any time in our sole discretion.
Questions? Call 1-877-925-2559 or visit allyauto.com
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CO-BROWSE TERMS AND CONDITIONS
Last update: July 24, 2016
If we have reason to believe you have violated these Terms and Conditions or any applicable law or regulation, we may refuse you access, or suspend
or terminate your access, to the Service or any of its resources without notice and/or take other remedial actions.
6. Unauthorized Access/Use and Fraud Investigations
To the extent your use of the Service requires a username, password or other account information or credentials for access, you are solely responsible
for all activity occurring under those credentials, and are prohibited from sharing or disclosing them. Therefore, you are solely responsible for
safeguarding your access credentials at all times. You should log out of your account at the end of each usage session. You may not impersonate
others and you must not allow others to impersonate you or others, or otherwise use your credentials to gain access to the Service and/or your account.
You must promptly notify us of any unauthorized use of the Service with your information or credentials or any other breach of security you become
aware of involving or relating to this Service. We have the right to interrupt or restrict use or access to the Service, without notice to you, if we suspect
fraudulent or abusive activity. You shall cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to
cooperate will result in your liability for all fraudulent usage.
7. No Warranty
THE SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALLY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. ALLY FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, SUITABILITY, TIMELINESS, AND
PERFORMANCE OF THE LICENSED SOFTWARE. ALLY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE
ACCESS TO THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR
USE OF THE SERVICE. ALLY IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CAPABILITY OR CONTENT OF ANY THIRD PARTY
SITE OR CONTENT ACCESSED IN CONJUNCTION WITH THE SERVICE. THE SERVICE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL
ERRORS, AND ALLY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY
ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ALLY BE LIABLE TO YOU ON ACCOUNT OF OUR PROVISION, OR YOUR USE OF, THE SERVICE. THIS
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, (EVEN IF ALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY
INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTIVITY PROBLEMS (e.g., YOU
CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER OR YOUR ACCESS IS INTERRUPTED), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. FURTHERMORE, THIS LIMITATION OF LIABILITY SHALL
APPLY WHETHER THE DAMAGES ARISE FROM USE OF THE SERVICE, INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, OR DISCONTINUATION OF THE SERVICE (INCLUDING WITHOUT LIMITATION SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST
EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF ALLY AND ITS SUBSIDIARIES, AFFILIATES,
AGENTS, EMPLOYEES AND VENDORS UNDER OR IN RELATION TO THESE TERMS AND CONDITIONS TO YOU EXCEED ONE HUNDRED U.S.
DOLLARS (US$100.00). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Questions? Call 1-877-925-2559 or visit allyauto.com
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CO-BROWSE TERMS AND CONDITIONS
Last update: July 24, 2016
9. Changes to Terms and Conditions
We may change these Terms and Conditions from time to time by posting a revised version of these Terms of Use on this website or by any other
method as permitted by law. Use of the Service after changes have been made to these Terms and Conditions constitutes acceptance of such revised
Terms of Use. You should regularly review these Terms of Use for any changes or additional terms.
10. Assignment
You may not assign these Terms and Conditions to any other party. We may assign these Terms of Use to any directly or indirectly, affiliated company.
We may also assign or delegate certain of our rights, duties and obligations under these Terms and Conditions to independent contractors and other
third parties.
11. No Waiver
We shall not be deemed to have waived any of our rights or remedies under these Terms and Conditions unless such waiver is in writing and signed by
us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or
remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
12. Governing Law
Your use of the Service is subject to all applicable federal, state and local laws and regulations. These Terms and Conditions and your use of the
Service shall be governed by and construed in accordance with the laws of the State of Utah and applicable federal law without regard to conflicts of
laws principles. Ally reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions.
13. Rules of Interpretation
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, such provision or
portion shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision or portion, and the
remainder of these Terms and Conditions will continue in full force and effect.
14. Miscellaneous
Section headings are for reference only and shall not be used in the interpretation of these Terms and Conditions. These Terms and Conditions
constitute the entire agreement between you and Ally with respect to the subject matter hereof and supersede and replace all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. Sections 8 and 9 will survive any termination or expiration of these Terms
and Conditions.
Questions? Call 1-877-925-2559 or visit allyauto.com
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