Site Terms & Conditions

Santander Consumer USA Inc. (“SC”) provides the materials contained at our site(s) on the World Wide Web (the “Site”) as a service to our customers and visitors. SC requires that all visitors to the Site adhere to the following Terms and Conditions. By accessing the Site and any of its pages, you indicate your acknowledgement and acceptance of the Terms and Conditions set forth below without limitation or qualification. SC may revise these Terms and Conditions at any time by updating this posting, which revisions will be binding upon all visitors to the Site. You should therefore visit this posting to review these Terms and Conditions from time to time as you visit the Site. For purposes of these Terms and Conditions, references to SC also include its affiliates, directors and employees.

Definitions

“You” or “your” means the person using the Site. “We,” “us,” “our,” or SC means SC, its affiliates and any other person or company that is an assignee of our rights.

Applicable Law and Jurisdiction

The Site (excluding links to third-party sites) is owned and controlled by SC from its offices in Texas. User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of the Site is prohibited and violators can be prosecuted under federal and state laws. Texas law (without regard to its conflicts of law principles) and federal law will govern the interpretation and enforcement of these Terms and Conditions. You agree that all claims you may have against us arising from or relating to the operation or use of this Site will be heard and resolved according to the section below captioned “Dispute Resolution – Mandatory Arbitration and Class Acton Waiver.” If you chose to access the Site from locations other than Texas you will be responsible for compliance with all local laws of such other jurisdiction.

Intellectual Property, Copyright and Trademark Information

The information contained at the Site, including but not limited to text and images herein (other than certain images licensed from third parties) and their arrangement, are copyright © 2024 by SC. All rights reserved. Except as otherwise indicated, all copyright rights and other intellectual property rights in the Site and its content, (“Site Content”) are owned by or licensed to SC, and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national and international laws and regulations. SC, its logo and all other marks displayed on the Site (the “Trademarks”) are registered and/or common law trademarks of SC, its affiliates and/or various third parties. Nothing contained at the Site shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of SC or of any third party. The Site, including this page, may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at the Site are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.

Grant of License; Use of the Site

SC grants to you a personal, revocable, nonexclusive, non-transferable license to view, download and print, without modification of any kind, limited portions of the Site Content available in the public areas of the Site on an occasional basis for your own personal and non-commercial use. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted to you by these Terms and Conditions and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.

WARRANTY DISCLAIMER

WE MAKE NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. WE ALSO EXPRESSLY DISCLAIM ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. WE DO NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT WE HAVE OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.

LIMITATION OF LIABILITY

YOU USE THE SITE AT YOUR OWN RISK AND NEITHER WE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, TO THE EXTENT SUCH LIMITATION IS NOT PROHIBITED BY APPLICABLE LAW. TO THE EXTENT FURTHER NOT PROHIBITED BY APPLICABLE LAW, WE ALSO DISCLAIM LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT. IF WE ARE FOUND TO BE LIABLE UNDER THESE TERMS AND CONDITIONS, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $100. YOU AGREE TO INDEMNIFY SC AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.

Copyright Infringement Claims

SC has designated an agent to receive notifications of alleged copyright infringement as required by the Digital Millennium Copyright Act (the “DMCA”). If you believe that your work has been used in a way that constitutes copyright infringement, please send a notice to us at Santander Consumer USA, 1601 Elm Street, Dallas, TX 75201, Attn: Legal Department (DMCA) with all of the following information: (1) a description of the work allegedly infringed; (2) a description of the location of the allegedly infringing work, including the URL; (3) your name, address, telephone number and email address; (4) a statement signed by you that you have a good faith belief that the disputed use is unauthorized under current law; and (5) a statement signed by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner with their authorization.

Dealer Inventory

The Site may include a vehicle listing and information service that identifies vehicles certain dealers, for which SC is a finance source, have available for sale in their inventory. The information on vehicles provided by such dealers is supplied by them or other third parties; SC is not responsible for the accuracy of such information. We provide access to these listings and all information and materials about such vehicles without conditions, representations or warranties of any kind, either expressed or implied. Information about a particular vehicle is supplied by the dealer, and you are solely responsible for reading the full vehicle listing before making a commitment to buy. All sales and financing will be closed at the dealership or at such other location as arranged between you and the dealer, and the price and other terms of any sale are negotiated between you and the dealer. SC is not responsible for incorrect information given by you or dealer. SC MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED ON THE SITE, INCLUDING CURRENT AVAILABILITY OF ANY PARTICULAR VEHICLE AS DEALER INVENTORY IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT OWN, INSPECT, BUY OR SELL ANY VEHICLES LISTED FOR SALE ON THE SITE.

Financing Prequalification

You may use the Site to request a prequalification for vehicle financing. While this request will not be an application for credit, we will request that you provide certain information about yourself and give us your permission to obtain your consumer report for purposes of identifying financing programs we have that may be available to you. Our obtaining your credit report for this purpose is called a “Soft Inquiry” that will not affect your credit score. The Soft Inquiry will allow us to tell you whether we and/or your vehicle dealer may have financing programs for which you may qualify. Any information you provide to us for prequalification will be treated in accordance with SC privacy policies. In order to apply for credit, you will be required to complete a full credit application and any entity evaluating such application will request a copy of your consumer report that could impact your credit score (a “Hard Inquiry”). We will not make a Hard Inquiry to obtain your consumer report unless you complete a full application for credit from us or your vehicle dealer forwards such application to us for consideration.

Marketing

Regardless of whether you have chosen to opt out of certain marketing offers from SC, by using the Site, you agree that we may market our services and the services of other companies on the Site. Products offered will be at the sole discretion of SC, and may be provided by companies not affiliated with SC. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits or products.

Links to Other Internet Websites

Some of the websites listed as links herein are not under our control but exclusively controlled by third parties. Accordingly, SC makes no representations concerning such websites, and any link to such sites is not an authorization, endorsement, sponsorship or affiliation by SC with respect to such website, its owners or its providers. You must take appropriate precautions to ensure that whatever you select is free of viruses, worms, trojan horses, malware and other items of a destructive nature. IN NO EVENT WILL SC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Violations of Terms and Conditions

SC reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SC FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.

Severability

If any provision of these Terms and Conditions is unlawful, void or unenforceable, the remaining provisions shall remain valid and in effect to the fullest extent possible.

Waivers

Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of SC. Any delay or omission by SC to exercise any rights under these Terms and Conditions shall not be construed to waive any rights.

Survival

Certain provisions of these Terms and Conditions by their nature shall continue in full force and effect after termination, including authorizations you have granted, the Disclaimer of Warranties, Limitation of Liability, Arbitration, and Jurisdiction/Enforceability.

DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE OR CLAIM BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT.
2. IF A DISPUTE OR CLAIM IS ARBITRATED, YOU AND WE WILL EACH GIVE UP OUR RIGHT TO A TRIAL BY THE COURT OR A JURY TRIAL.
3. IF A DISPUTE OR CLAIM IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US.
4. THE INFORMATION YOU AND WE MAY OBTAIN IN DISCOVERY FROM EACH OTHER IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT.
5. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Either you or we may choose to have any dispute or claim arising under the use of the Site and/or these Terms and Conditions resolved by binding neutral arbitration under the rules then in effect of the American Arbitration Association (“AAA”) or any other arbitration organization you choose and that we approve in writing (“the Arbitration Organization”) even if an action has been filed in court, so long as no judgment has been rendered. The arbitration shall be conducted under the then current rules of the Arbitration Organization and is governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. 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. Any dispute or claim, whether in contract, tort or otherwise (including the interpretation and scope of this clause and the arbitrability of any issue), between you and us or our employees, agents, successors or assigns, which arises out of or relates in any manner to your use of the Site and/or these Terms and Conditions at your or our election (or the election of any such third party), will be resolved by neutral, binding arbitration and not by a court action. Any dispute or claim is to 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 called the “Class Action Waiver.”

The arbitrators shall be attorneys or retired judges and shall be selected in accordance with the applicable rules of the chosen Arbitration Organization. The arbitrator shall apply substantive governing law and the applicable statute of limitations. The arbitration award shall be in writing. The arbitration hearing shall be conducted in the federal district in which you reside, or such other place convenient to you as required by the rules of the chosen Arbitration Organization. The arbitrator’s award shall be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. Either party may enter judgment on the award in the highest local, state or federal court or before any administrative body.

We agree to pay any initial filing fee you may owe should you choose to arbitrate. Additionally, we agree for only the first day of arbitration to pay the following fees up to a maximum of $1,500 in the aggregate, unless the law or the rules of the chosen Arbitration Organization require us to pay more: the arbitrator’s fee, those reasonable arbitration expenses or costs (excluding attorney fees) assessed to you that you would not pay if you had brought a dispute in court, and any other reasonable expense or cost unique to the arbitration process. We will also pay other amounts an arbitrator determines that we must pay in order to assure the enforceability of this arbitration provision. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. This arbitration provision shall survive.

Neither you nor we waive the right to arbitrate by exercising self-help remedies, filing suit, or seeking or obtaining provisional remedies from a court. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Notwithstanding anything to the contrary in these Terms and Conditions, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the “Intellectual Property, Copyright, and Trademark Information” section above. If any part of this Arbitration Agreement, other than the Class Action Waiver, is found by a court or arbitrator to be unenforceable, the remainder shall be enforceable. If the Class Action Waiver is found by a court or arbitrator to be unenforceable, the remainder of this Arbitration Agreement shall be unenforceable.