Terms of Use

Tidewater Finance Company ("Tidewater") Terms of Use

Effective 08/01/2020


1. Acknowledgement and Authorization

By accessing or using this Site or the Online Services, you agree to be bound by these Terms of Use. We reserve the right to change these Terms of Use at any time. By continuing to access or use the Site after the date of any change to these Terms of Use, you agree to be bound by the most recent version these Terms of Use. We may change, discontinue, restrict, suspend, or terminate any aspect of the Site at any time without notice or liability. These Terms of Use do not alter any other agreement you may have with us or any issuing bank with which you have an account that we service. If there is a conflict between these Terms of Use and any other Account Document with us, the agreements relating to those products and services shall govern.

2. Definitions

The words "our," "we," "us," "Tidewater," and "Tidewater Finance Company" refer to Tidewater Finance Company dba Tidewater Motor Credit dba Tidewater Credit Services, LLC.

The words "you," "your," and "yours" means each person in whose name the account with Tidewater is maintained.

"Account" means the account(s) you have with us.

“Account Documents” means the documents, including the agreement or contract, associated with your Account.

"Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, monthly Account statements, privacy policies and all other information related to your Account, product or service, including but not limited to information that we are required by law to provide to you in writing.

This Site can be used to access your account histories, make payments, review your monthly statement electronically (“Paperless Statements”), and other online services. These are referred to as “Online Services”.

3. Use of this Site and User Conduct

This Site may be used for such things as obtaining information about us, our products and services, to transact business with us or third parties. In order to access this Site you must be at least 18 years old, a resident of the United States, and be an eligible Tidewater account holder or authorized user on the account. We do not knowingly market to, solicit or collect information from individuals under the age of 18 or non-residents of the United States. If you are under the age of 18 or reside outside of the United State please DO NOT access or use this Site. If you access or use this Site, you are affirming you are at least 18 years of age, a resident of the United States, and the eligible Tidewater account holder or authorized user on the account. If we learn that we have been provided with personally identifiable information of anyone under the age 18, we will delete that information from our systems.

You agree not to: (1) interfere or with the security this Site or any of its systems; (2) interfere with any other user’s access or use of the Site or use or attempt to obtain access to another user’s account or personal information or create a false identity to access the Site; (3) upload, post or transmit any viruses to the Site or attempt to destroy the Site or its files or systems; (4) violate any local, state or federal laws or regulations that apply to your access or use of the Site; (5) use any robot, spider or another device or program to alter, monitor, or scrape data or content from this Site.

Unauthorized access or use or attempts to access or use secure websites of Tidewater is prohibited and may violate federal and state law. Tidewater may report unauthorized access, use or attempts to access to law enforcement. We reserve the right to seek all remedies available at equity and law for violations of this Agreement. Our failure to act with respect to a breach of this Agreement does not constitute a waiver of our rights.

4. Online Services Password and Protecting Your Account

Access to Online Services requires you to create an initial Online Services password. We may set standards for your User Name and Password. You are responsible for the safekeeping of your user name and password. You agree that you are responsible for keeping your user name, password, or account number(s) confidential. Your Online Services password should be used only for transactions conducted by you for Online Services transactions. For your protection, we recommend that you change your password regularly. Do not use numbers that are easily associated with you, such as your telephone number, address or birth date as your password. You authorize Tidewater to act on instructions received under your password.

Protect your Online Services password: If you believe another person has improperly obtained your Online Services password, if your password has been lost or stolen, or if you suspect any fraudulent activity on your account, NOTIFY TIDEWATER Immediately at 1-888-413-1083.

Sign out of your account and close your browser each time you are finished with your online session.

5. System Requirements to Access Online Services

To access your account(s) through Online Services, you must have an eligible Tidewater account, enroll in Online Services and have an Online Services username and password. In addition, you must have:

  • A personal computer or other device which is capable of accessing the Internet.
  • A current internet web browser that is capable, at a minimum, of supporting 128-bit SSL encrypted communications, java script enabled, such as Microsoft Internet Explorer version 8.0 or higher, Netscape Navigator 4.7 or higher, Mozilla Firefox 1.0.6 or higher, or Apple Safari 1.1 or higher.
  • The ability to print these Terms of Use, or save, or send these Terms of Use to a place where it may be printed for future reference and access.

You agree that you are responsible for maintaining all Internet connections, browsers, hardware and software that are necessary to access Online Services. You also agree that you are solely responsible for installing appropriate software, including but not limited to, anti-virus software, anti-spyware, and firewalls on your computer hardware to prevent key logging or other intrusions that may allow a third party to unlawfully view activity on your computer. You agree to be responsible for any telephone/DSL/Internet charges incurred for accessing your accounts through Online Services.

You will be notified if there are any significant changes in system requirements in order to confirm that you still meet the minimum system requirements to access Online Services and to receive Communications in an electronic format.

6. Balance Inquiries and Payoff

You may use Online Services to check the balance of your accounts and to make payments to your accounts selected for Online Services. In order to initiate one of these transactions, you must first create your password to obtain access to the Online Services service. The balance shown on your account may include payments still subject to verification by us or payments in progress. Online payments may be made 24 hours a day. The Current Balance may not reflect recent purchases, payments, credits, fees, or interest and is not a payoff. For a payoff quote please call 1-888-413-1083.

7. Keep Your Address and Contact Information Updated

It is your responsibility to provide us with an accurate and complete email address, physical address, contact and other information related to these Terms of Use and your Account Documents. You agree to promptly notify us of any change in your email address, physical or mailing address, or telephone number. You may update such information on our Online Services www.tidewaterfinance.com under Customer Options menu option or by calling Tidewater at 1-888-413-1083.

8. New Services

Tidewater may, from time to time, offer and introduce new financial services through Online Services. We will notify you of the existence of these new products and services. You agree that by using these services when they become available, you agree to be bound by any rules, which will be communicated to you, concerning these services and waive any such damages.

9. Changes to Terms of Use

We reserve the right to change any term or condition described in these Terms of Use at any time. If a change would result in increased fees or charges, increased liability for you, fewer types of available electronic funds transfers, or stricter limitation on the frequency or dollar amounts of payments, we will mail to the address shown on our records or deliver to you electronically written notice of such change(s) at least thirty (30) days before the effective change(s) in any such terms or conditions, unless prior notice is excused by law or an immediate change is necessary to maintain security of our system. If such an immediate change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with written or electronic notice no more than thirty (30) days after making the change permanent. If you maintain your Online Services after the effective date of the change, then you are indicating your agreement with accepting the change. Changes to fees applicable to specific accounts are governed by the applicable Account Documents. You agree that we may deliver via electronic communication any future notices and information as may be required by law or regulation to be provided to you pertaining to the Online Services (collectively, "Notices"). We may deliver future Notices electronically by posting such Notices or a link to such Notices on this Site or by sending such Notices to the email address that you have provided to us. You agree to promptly notify us of any change in your email address.

10. Limitations of Liability

In no event is Tidewater liable for any intangible loss, or any direct or indirect, special, incidental, exemplary, punitive, consequential or any damages or injury whatsoever arising out of or in connection with your access to, use of or inability to use this Site or any linked product, service or the copying or displaying of, or the interaction or any other form of communications with the Site, regardless of whether Tidewater is advised of the possibility of such damages, losses expenses or injury and regardless of the form of action, whether in contract, tort, warranty or otherwise.

11. Intellectual Property

Trademarks, service marks and logos on Tidewater’s websites and websites powered by third parties or others are property of their respective owners and cannot be used without their written permission.

The content on the Site, including without limitation, the text, graphics, and page layouts, is protected by copyright and other intellectual property law and cannot be used without written permission. You may download and print copyrighted materials for your personal non-commercial use ONLY.

12. Governing Law and Enforceability

This Agreement is governed by and interpreted in accordance with federal law and regulation, and to the extent there is no applicable federal law or regulation, by the laws of the State of Delaware. Sole and exclusive jurisdiction for any action or proceeding arising out of ore related to these Terms of Use shall be in an appropriate state court located in Virginia Beach, Virginia or federal court located in the Eastern District of Virginia and the parties unconditionally waive their rights to a jury trial. Any cause of action you may have with respect to your use of this Site or Online Services must be commenced within one (1) year after the claim or cause of action arises. If any provision or portion thereof of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use shall continue in full force and effect.