Web Site Use Terms and Conditions

This BMW Bank of North America (“BMW Bank” or “we,” “us,” or “our”) web site is offered to you conditioned upon your acceptance without modification of the web site use terms, conditions, and notices contained herein (“Terms and Conditions”). When you use or access this BMW Bank web site, or permit any other person(s) to use or access the web site, you agree to these Terms and Conditions. BMW Bank is a wholly-owned subsidiary of BMW Financial Services NA, LLC and is the issuer of your BMW Card.

General

hese Terms and Conditions are governed by the laws of the State of Utah. You hereby consent to the exclusive jurisdiction and venue of courts in Salt Lake City, Utah in all disputes arising out of or relating to these Terms and Conditions and your use of this BMW Bank web site. Use of this BMW Bank web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BMW as a result of this agreement or use of this BMW Bank web site. BMW Bank's performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of BMW Bank's right to comply with governmental, court and law enforcement requests, or requirements relating to your use of this BMW Bank web site or information provided to or gathered by BMW Bank with respect to such use.

If any part of these Terms and Conditions, and your agreement to them, is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect. Unless otherwise specified herein, these Terms and Conditions, and your agreement to them, constitutes the entire agreement between the user and BMW Bank with respect to this BMW Bank web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BMW Bank with respect to this web site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Compliance

The account(s) accessed via this BMW Bank web site shall be governed by the applicable Cardholder Agreement and the governing laws thereof. In addition to these Terms and Conditions, you agree to comply with all such applicable Cardholder Agreements, including, without limitation, the Cardholder Agreement you received when opening your Account. In the event of a conflict between these Terms and Conditions and your applicable Cardholder Agreement with us, the terms of your Cardholder Agreement will control.

Modification of these Terms and Conditions of Use

>BMW Bank reserves the right to change the Terms and Conditions under which this web site is offered. You are responsible for regularly reviewing these Terms and Conditions. Supplemental Terms and Conditions may appear on specific pages of this web site. Please access and review the Terms and Conditions regularly. If you find the Terms and Conditions unacceptable to you at any time, please discontinue use of this BMW Bank web site.

Termination of Access

BMW Bank reserves the right, in its sole discretion, to terminate your access to this BMW Bank web site and the related services or any portion thereof at any time, without notice.

Use of Cookies

A cookie is a small file containing information that our web site delivers to your computer's hard drive via your web browser software. BMW Bank uses cookies that last only through a single session when visiting our web site. When you access the secured portions of the web site, such as the BMW Card Center, we use cookies to collect and store statistical information on an anonymous basis, such as the information about the time and length of your visit, the website you last visited, the pages you request, and the date and time of those requests. We may also collect and store the name of your Internet Service Provider. The use of cookies is an industry standard, and you will find them at most websites. Most browsers are initially set up to accept cookies. You can set your browser to alert you when cookies are being sent or to refuse cookies. Find out how to do this by choosing "Help" at the top of your browser window. However, if you refuse cookies, some parts of our website may not work properly for you. We may also use cookies to trigger certain online customer service surveys, which could be hosted on a site other than this site. These surveys are completely anonymous and optional. The information BMW Bank and any outside survey company obtains from you if you choose to fill out these surveys is used only to improve your experience in visiting the BMW Bank website.

Personal and Non-Commercial Use Limitation; Copyright and Trademark Notices

Unless otherwise specified, this BMW Bank web site is for your personal and non-commercial use. The content available through this web site, including but not limited to the images, text, screens, and web pages appearing on or within this web site, are owned by BMW Bank or its affiliates or others, and is protected by copyright laws and other intellectual property laws.

Content received through this web site may be displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to copy, use, display, distribute, broadcast, download, license, sub-license, modify, publish, perform, repost, reproduce, reuse, sell, transmit, create a derivative work from, or otherwise disseminate to anyone, including but not limited to others in the same company or organization, the content, information, and materials on or receive through this BMW Bank web site, or any software, products, or services obtained from this web site, except as provided in these Terms and Conditions, without the express written permission of BMW Bank or its affiliate.

Unless otherwise noted, all trademarks, service marks, and logos used throughout this web site are the trademarks, service marks or logos of BMW Bank or its affiliates, or others as indicated. Nothing contained on this BMW Bank web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use a trademark or registered trademark displayed on this BMW Bank web site without the written permission of BMW Bank or its affiliate or such third party that may own the trademark or registered trademark displayed on this BMW Bank web site. Your misuse of the trademarks or registered trademarks displayed on this BMW Bank web site is strictly prohibited. Any rights not expressly granted herein are reserved.

Links to Third Party Sites

This BMW Bank web site may contain links to other web sites ("Linked Sites"). BMW Bank is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BMW Bank does not assume responsibility as to the accuracy, completeness, or authenticity of the information presented on any Linked Site. BMW Bank is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BMW Bank of any Linked Site or any association with the site's operators. Your visit to a Linked Site is at your own risk. A link to another entity's website should not be construed as endorsement by BMW Bank of such entity's website, products, or services.

No Unlawful or Prohibited Use

As a condition of use of this BMW Bank web site, you warrant to BMW Bank that you will not use this web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this BMW Bank web site in any manner that could damage, disable, overburden, or impair this web site or interfere with any other party's use or enjoyment of this web site. You may not obtain or attempt to obtain any materials or information from BMW Bank through any means not intentionally made available or provided for through this BMW Bank web site.

Transmitted Information

Except as may be required by applicable law, any information that you transmit to us using this BMW Bank web site or electronic mail will be subject to our written Privacy Notice. We may use information for any lawful purpose, consistent with the provisions of our Privacy Notice. You should also note that electronic mail may not be secure. You should exercise care when sending account numbers, tax identification numbers, and other sensitive personal information by electronic mail.

WARRANTIES AND LIABILITY DISCLAIMER

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS BMW BANK WEB SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, BMW BANK AND/OR ITS AFFILIATES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT OF PROPRIETARY RIGHTS) AS TO THIS BMW BANK WEB SITE AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE.

YOU UNDERSTAND AND AGREE THAT ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED ON AN "AS IS," “WHERE IS,” AND “WHERE AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT BMW BANK AND/OR ITS AFFILIATES AND/OR ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES, FEATURES, AND CONTENT PROVIDED ON THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THIS WEB SITE OR IN ANY APPLICABLE AGREEMENT. YOU FURTHER ACKNOWLEDGE THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. BMW BANK AND/OR ITS AFFILIATES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY TIME.

THESE TERMS AND CONDITIONS STATE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY AS IT RELATES TO THIS BMW BANK WEB SITE AND USE OF THE SERVICES PROVIDED ON THIS WEB SITE. IN NO EVENT SHALL BMW BANK AND/OR ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS BMW BANK WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS BMW BANK WEB SITE, OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THIS WEB SITE, OR THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, EQUIPMENT, SOFTWARE, OR ANY INTERNET ACCESS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BMW BANK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBLITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS BMW BANK WEB SITE, OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

Indemnity

You acknowledge and agree that you are personally responsible for your conduct while using this BMW Bank web site and agree to indemnify and hold BMW Bank and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys' fees that we may incur in connection with a third party claim or otherwise, in relation to your use of this BMW Bank web site or your violation of these Terms and Conditions or the rights of any third party.

Miscellaneous Terms

Not all of the products or services described on this BMW Bank web site are available in all geographic locations. Therefore, you may not be eligible for all the products or services described. We reserve the right to determine your eligibility for any product or service. Unless otherwise prohibited by applicable law governing the confidentiality and nondisclosure of nonpublic personal information, any communication or material you transmit to use via this web site or Internet electronic mail is on a non-confidential basis and we may use such communication or material for any purpose consistent with our Privacy Notice, including reproduction, publication, broadcast and posting. We will 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 be construed as a bar or waiver of any rights or remedies on further occasions. We reserve the right to modify the information presented on this BMW Bank web site at any time without notice. While we make all reasonable efforts to ensure that all material on this web site is correct, accuracy cannot be guaranteed, subject to applicable law.

Payments Made Through Web Site

Listed below are additional terms and conditions under which BMW Bank offers you the ability to view and pay your credit card account online (the "Service"). This Service is offered to you conditioned upon your acceptance without modification of these Service terms and conditions. In addition, the web site use Terms and Conditions are hereby incorporated by reference and made a part of these Service terms and conditions. When you use or access the Service, or permit any other person(s) to use or access the Service, you agree to these Service terms and conditions, including the web site use Terms and Conditions.

The account(s) accessed via the Service shall be governed by the applicable Cardholder Agreement and the governing laws thereof. In addition to the Service terms and conditions, you agree to comply with all such applicable Cardholder Agreements, including, without limitation, the Cardholder Agreement you received when opening your Account. In the event of a conflict between the Service terms and conditions or your applicable Cardholder Agreement with us, the terms of your Cardholder Agreement will control.

  1. USERNAME AND PASSWORDS. Your “Username” is a unique identification number relating to the Service that you select or that we have assigned to you. Once your user name is used for the first time for the Service, it becomes permanently assigned to you and cannot be changed, unless you re-register your account. BMW Bank may at its option change the password parameters without prior notice to you, and if it does so, you will be required to change your password the next time you enter this BMW Bank web site. You agree that you will not give your password or make it available to any other person. You are responsible for all financial transactions performed using your password via this BMW Bank web site to the fullest extent allowed by law.
  2. USE OF THE SERVICE. You may use the Service to view your BMW Card account information online and to make individual online payments directly from an eligible checking or savings account in the amounts you request.
  3. BUSINESS DAYS. Our business days are Sunday through Friday, except the following Federal Holidays: New Years' Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day. Payments authorized after 5:00 PM, Eastern Time (ET), on any Business Day will not be credited to your BMW Card account until the next Business Day.
  4. LIMITATIONS ON FREQUENCY OF TRANSFERS. You will not be able to make payments using the Online Bill Pay Service more than once in any 24-hour period.
  5. LIMITATIONS ON DOLLAR AMOUNT OF TRANSFERS. The minimum payment you will be able to make with the Service is $15.00. The maximum payment you will be able to make with the Service is your current account balance as reflected on the Account Summary page of the BMW Card Center.
  6. FEES. We will not impose a fee or other charge on you to use the Service. However, the financial institution at which you maintain your deposit account may charge you fees related to the maintenance of that account, including transaction fees or fees for attempting transfers without sufficient funds. As provided in your Cardholder Agreement, a charge will be assessed to your BMW Card account for any payment that is returned unpaid by your bank.
  7. CONFIDENTIALITY. We will disclose information to third parties about transfers you make with the Service: (a) when it is necessary for completing transfers; (b) in order to comply with government agency or court orders; (c) if you give us your written permission; and (d) as otherwise provided in our Privacy Notice.
  8. PREAUTHORIZED PAYMENTS. No payment has been preauthorized because of your enrollment in the Service. Your use of the Service does not obligate you to use the Service as the only means of paying your BMW Card account.
  9. UNAUTHORIZED TRANSFERS. If you believe your password for accessing the Service has been lost or stolen or that someone has used or may use the Service to transfer money from your deposit account without your permission, notify us at once by calling us at 1-888-BMW-Card (1-888-269-2273) or write to us at BMW Card Services, P.O. Box 9210, Old Bethpage, NY, 11804.
  10. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. If we do not complete a transfer you authorize on time or in the correct amount according to our Cardholder Agreement with you, we will be liable for your losses or damages to the extent required by federal law. However, there are some exceptions. We will not be liable, for instance: (a) if, through no fault of ours, you do not have enough money in your deposit account to make the transfer; (b) if the system was not working properly and you knew about the breakdown when you started the transfer; or (c) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. We are also not responsible for errors you make or for your negligent use of the Services offered by this BMW Bank web site, including input errors, negligent handling or sharing of passwords, and leaving a computer unattended while accessing your BMW Card account information or other online financial services. There also may be other exceptions to our liability stated in our agreements with you or provided by applicable law.
  11. SYSTEM FAILURE OR INTERRUPTION. In the event of a system failure of interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction so affected.
  12. TERMINATION /CHANGE IN TERMS. We reserve the right, at any time, to cancel the Service, make additions or changes to these Service terms and conditions, or to cancel or suspend your use of the Service. When required by applicable law, we will provide you with a notice of any addition(s) or changes(s).

Notify Us in Case of Errors or Questions About Your Bill

If you think your bill is wrong or if you need more information about a transaction on your bill, contact us at 1-888-BMW Card (1-888-269-2273) or send a letter to: BMW Card Services, P.O. Box 9210, Old Bethpage, NY 11804. You must contact us within 60 days after the error appeared on your statement.

In your communication please provide the following information:

  1. Your name and Account Number.
  2. The dollar amount of the suspected error.
  3. Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about.

You don't have to pay the amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question.

If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur.

Special Rules for Credit Card Purchases

If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $50 and the purchase was made in your home state or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement of the property or services, all purchases are covered regardless of the amount or location of the purchase).



© 2018 BMW Financial Services NA, LLC. The BMW wordmark and BMW logo are registered trademarks of BMW AG. BMW credit cards are issued by BMW Bank of North America, a wholly-owned subsidiary of BMW Financial Services NA, LLC.

Visa is a registered trademark of Visa International Service Association, and is used by BMW Bank of North America pursuant to license from Visa U.S.A. Inc.