Supplemental Terms for Car Related Websites
Overview of Car Sites
All lending decisions are made by the lender and we do not guarantee approval or that any loan terms or rates provided or offered to you will be the best terms or the lowest rates available in the market. We do not guarantee that submitting your information through the sites or services will result in you being matched with a lender for further processing. We do not guarantee that you will be offered auto financing related to your loan request, nor do we guarantee that any auto financing or loan product you are offered by a lender will include rates or terms satisfactory to you. Any offerings made to you will be done so by the lender and not by us. We do not endorse or recommend any specific lender or act as a representative or agent for any lender. Services listed on the site do not represent all financing or credit options, products or services available in the market. Not all consumers may be approved and individual loans terms and rates may vary based on the lender's credit determinations, amount financed and other factors. The lender may perform a credit check or other credit evaluation in making their lending decisions. Nothing contained on our sites, services or in these Supplemental TOU constitutes an offer or promise for a loan commitment or interest rate lock-in agreement. There is no guarantee that a loan will be given to any user using these services.
You should rely on your own judgment in deciding which available loan product best suits your needs and financial means. The lender you select is solely responsible for its services to you, and you agree that we will not be liable for any damages or costs of any type arising out of or in any way connected with a loan obtained from any lender or your use of a lender's products or services.
The services listed on our sites may not be available in all states and you should check with the lender for availability. We and the lenders expressly reserve the right to discontinue, suspend or terminate the offering of any services at any time.
New and Used Car Advertising
All Advertisements for new and used vehicles, pricing, offers, terms and features are posted by third party sellers who have paid or contracted with us to place their advertisements on our Car Sites ("Advertisers"). We do not own or sell any vehicles listed on the Car Sites. We do not provide, and are not responsible for, any pricing, payment, terms, offers or quotes provided in the Advertisements on the Car Sites. The Advertiser is solely responsible for the accuracy of all vehicle related information, including but not limited to, pricing, payment, offers, quotes, descriptions of vehicle features, availability and terms. We are not responsible for any errors or omissions in any Advertisement, description, price, payment, offer or quote contained on the Car Sites.
We do not endorse any Advertiser, unless explicitly stated on the Car Site, and we make no guarantee, explicit or implied, that the posted information in any Advertisement is accurate. We do not and cannot verify the information that Advertisers supply, nor do we guarantee any vehicle offered by an Advertiser. We assume no responsibility to verify whether the Advertisements comply with applicable laws; such responsibility rests with the Advertiser. We are not responsible for, and do not guarantee the availability or performance of, any new or used vehicles, pricing, promotion or financing.
Advertised vehicle prices on the Car Sites generally exclude sales tax, finance charges, and title, license, regulatory, dealer documentary, emission testing and compliance fees, all of which may be added to the advertised price in determining the final sale price of a particular vehicle. Certain used car Advertisements may include vehicles that are shown to be "certified" as meeting certain standards established by either certain manufacturers or a particular dealer in connection with their pre-owned vehicle programs. The decision to certify any particular vehicle is made by the individual dealer, and we are not responsible for the decision to certify any vehicle or to advertise such certification.
We may provide informational content through our Sites or services related to purchasing or leasing a vehicle, obtaining financing, loan options, new car configuration and pricing, trade-in valuation, research, tools to compare car features, pricing and ratings, credit or debt related information or any other informational content. Content is believed to be accurate at the time of posting and is subject to change at any time. All content and information is provided for informational purposes only and is not financial or professional advice. We do not recommend or endorse any particular service, service provider or course of action for your financial situation.
While we strive to provide the most accurate information possible, any information related to pricing, discounts, special offers, or promotions provided on the site may be based on promotions or pricing offered by third party sellers, which is subject to change at any time. We cannot guarantee that any pricing, discounts, special offers or promotions will be available in all geographical areas or available to all consumers or users of the sites or available on any particular date. All pricing, discounts, special offers and promotions are at the discretion of the applicable lender, dealer and/or manufacturer. Reliance on information provided on the sites is at your sole discretion and risk.
We do not warrant or make any representations regarding the use or the result of the use of the content on the sites regarding correctness, accuracy, reliability, applicability, quality or otherwise and we are not responsible for damages incurred by the users of the sites or any content contained therein. If you need advice, contact an appropriate professional or lender. You are encouraged to use your best judgment in evaluating any third party services or advertisers on this site before submitting any information to any third party.
Third Party Services
We may provide links to third party websites or information about third party services, including third party services for insurance, credit repair, debt relief, warranties, and other products and services. We do not endorse or recommend any third party or their services or make any representation that the use of these services will improve your financial situation in any way. Certain services, such as credit repair, can be done by you without payment to third parties for these services. The third party services may not be available in all states and you should contact the appropriate third party service provider for more information. All terms of service, rates and loan amounts are based on the third party's determinations, which may be based on your creditworthiness, and applicable state laws. We are not responsible for any third party services and will not be liable for your use of such services. You should refer to the Third Party's website for information related to any offer before submitting your information and use personal judgment and exercise caution where appropriate.
Transacting with Advertisers and Other Providers
The actual contract for any sale, lease, financing, insurance or other product is directly between the Advertiser, lender, insurer or other third party, as applicable (each, a "Third Party" and collectively, "Third Parties") and the buyer. The Third Party and buyer are solely responsible for all aspects of the transactions in which they choose to participate. No transactions will be conducted on or through our Car Sites and we are not, and are not responsible for, brokering any transactions between the Third Party and the buyer.
We provide these sites as a platform for users to connect with the Third Parties. We do not review or authenticate any advertisements, offers, deals, rates, or any other purchase, lease, financing or other terms related any Advertisements on the Car Sites. Therefore, users of the Car Sites should be aware that:
The Third Party and buyer are completely and solely responsible for negotiating the sale, lease, exchange, financing or insuring of goods or services. We are not a party to any transaction between the buyer and Third Party.
The Third Party and buyer must resolve any disputes that may arise from any transactions amongst themselves and without our involvement.
The Third Party and buyer are responsible for researching and complying with any applicable laws, regulations, rules or restrictions on products, services, or manner of sale, lease, exchange, financing or insuring that may pertain to transactions in which they participate. The Third Party and buyer must make the final determination as to the value and appropriateness of the transaction.
We are not responsible for, and have no liability related to, any transactions between the Third Party and buyer or between any user and creditor, lender or insurer related to any vehicle purchase or lease, financing, insurance and/or any offers or promotions listed on the Car Sites by an Advertiser.
Your correspondence or business dealings with, or participation in promotions of, Third Parties found on or through the Car Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You should read all terms provided by the Third Party for the transaction and you should use personal judgment and exercise caution where appropriate.
IT IS YOUR RESPONSIBILITY TO READ THE DESCRIPTIONS OF THE VEHICLES, OFFERS, PROMOTIONS, FINANCING, INSURANCE AND ANY OTHER PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE CAR SITE (COLLECTIVELY, THE "PRODUCTS") BY THE THIRD PARTY AND TO PHYSICALLY INSPECT THE PRODUCT AND RELATED AGREEMENTS PRIOR TO COMPLETING YOUR TRANSACTION(S). The Third Party is responsible for disclosing prior rental and demonstrative history, frame damage, salvage history, stolen-recovery history, flood damage, and any material cosmetic or mechanical damage defect or irregularity of the Product. It is the Third Party's sole responsibility to ensure that the Product meets all local state and federal emission and safety standards applicable for the model and year of the Product and that such Product is provided in compliance with all applicable laws, rules and regulations. ASK FOR A COPY OF THE WRITTEN WARRANTY AND ANY OTHER TERMS APPLICABLE TO THE TRANSACTION BEFORE YOU COMPLETE THE TRANSACTION. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE WARRANTY BEING OFFERED, AND ANY OTHER APPLICABLE TERMS, FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE TRANSACTION.
ASK FOR A COPY OF THE WRITTEN RETURN POLICY BEFORE YOU COMPLETE THE TRANSACTION OF A PRODUCT. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE RETURN POLICY BEING OFFERED FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE TRANSACTION.
WE DO NOT GUARANTEE PRODUCT PRICES, FEATURES, SPECIFICATIONS OR AVAILABILITY. All transactions are conducted by the Third Party. All Product descriptions and prices provided to you on the site, or via separate contract following your submission of a request or inquiry to the Third Party, are made by the participating Third Party possessing the described Product and not us. ALL PRODUCTS ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST OR INQUIRY IS PROCESSED OR RECEIVED BY THE THIRD PARTY.
IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR PRODUCT TRANSACTION. Absent a specific agreement between you and the Third Party, the Third Party is not required to hold any product off the market and is free to sell any product at any time before you have executed the contract to purchase or lease such product. The act of submitting a request or inquiry through the Car Site does not place a hold on any specific product in the Third Party's inventory. A monetary deposit made by you to the Third Party is not a guarantee that a specific product will be available for you to purchase or lease unless you and the Third Party specifically agree to such term. It is your responsibility to confirm with the Third Party that the product will be held off the market until you can complete the purchase or lease. Whether your deposit is refundable or not is subject to your contractual agreement with the Third Party and/or state law. You should not assume a deposit made by you towards the purchase or lease of a product is fully refundable.
We are not a lender or a broker. When you submit a loan request form using our services, we may share your loan request and related information with one or more consumer finance lending institutions and/or other lenders and dealers to evaluate your loan request in accordance with their loan terms and requirements. You authorize those consumer finance lending institutions and other lenders or dealers to access your credit report in order to evaluate your credit history and loan request and to verify the information in your loan request.
We may also share the information you provide through a loan request using our services to a third-party broker, aggregator, or other referral service that will send your information to other lenders and/or dealers in connection with your loan request and in accordance with their privacy policies.
Your loan request and information submitted using our services may be shared with one or more third party consumer finance lending institutions, other lenders, or dealers, including the consumer finance lending institutions listed below, and you consent to be contacted by these third-party consumer finance lending institutions and other lenders or dealers in connection with your loan request, including by autodialer, text messaging, and/or prerecorded messages:
1730 W Rio Salado Pkwy
Tempe, AZ 85281
DriveTime Car Sales Company, LLC
1720 W Rio Salado Pkwy
Tempe, AZ 85281
Westlake Services, LLC
4751 Wilshire Blvd.
Los Angeles, CA 90010
When you submit a request using our services to send your information to a third party lender in connection with obtaining a loan, such lender needs your consent to use and accept electronic signatures, records and disclosures related to your loan transaction and other communications with the lender. Below are your rights when receiving such electronic signatures, records and disclosures. By submitting your loan request, you are acknowledging receipt of this disclosure and consent to conduct transactions with the third party lender using electronic signatures, records and disclosures.
Hardware and Software. Before you decide to do business electronically with a third party lender or dealer, you should consider whether you have the required hardware and software described below. By submitting your information, you acknowledge that you have the required hardware and software designated below to access the documents.
The documents may be provided to you either on the third party’s website, in an email message, or as an attachment to an email message sent to the email address you provide as part of your request through the Site or Services and/or application or registration with the lender or dealer. To access the documents, you will need an email account and may need Adobe Acrobat Reader version 7 or higher, and a personal computer or other access device which is capable of accessing the Internet. To retain the documents, your access device must have the ability to either download the documents to your computer's hard drive or must have a printer to print the documents. You should send any questions regarding the hardware and software requirements directly to the third party lender or dealer.
Right to Paper Copies. You have the right to have any documents provided to you in paper form rather than electronic form. You can request the paper copies for your loan transaction or other communications from the third party lender or dealer that you are contacting for a loan. For convenience, if you wish to obtain documents in paper form from Santander by calling (855) 563-5635 and from Westlake by emailing [email protected] or calling (888) 739-9192.
Right to Withdraw Consent; Update Contact Information. You may withdraw your consent to use and receive electronic signatures, records and disclosures in connection with your loan transaction or other communications or update your contact information at any time by contacting the third party lender or dealer that you are contacting for a loan. For convenience, you may withdraw consent from, or update your contact information with, Santander by calling (855) 563-5635 and Westlake by emailing [email protected] or calling (888) 739-9192.
Fair Lending Practices – Regulation B Disclosures
Alimony, child support, or separate maintenance income need not be revealed if you do not choose to have it considered as a basis for repaying an auto loan.
Any opt-out requests related to a third party’s products or services must be submitted directly to the third party providing the products or services.
California: If married, you may apply for a separate, individual account.
Maine: You have the right of free choice in the selection of the agent and insurer through or by which insurance in connection with a loan is to be placed. Obtaining insurance products from a particular agent or broker does not affect credit decisions by the lender, unless the insurance product you chose is not compliant with the lender's requirements.
New York: A consumer report may be requested in connection to your application for credit by the lender your application is sent to. The lender (or its affiliates) may order additional consumer reports without further notice to you in connection with any update, renewal or extension of credit granted. You have the right to ask the lender whether it obtained a consumer report and, if so, the lender will provide you the name and address of the consumer reporting agency they used.
Ohio: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Rhode Island: Credit reports may be obtained in connection with an application for credit.
Vermont: You authorize any lender with whom your application is shared with (as well as their employees, agents and assignees) to obtain and verify information about you (i.e. credit reports, employment/banking information) that they may deem necessary or appropriate when evaluating your application. If your application is approved and credit is granted, you authorize the parties who granted the credit to obtain additional credit reports and other information about you in connection with reviewing the account (if applicable), taking collection on the account, or for any other legitimate purpose.
Wisconsin: No provision of a marital property agreement, a unilateral statement under Wis. Stat. 766.59, or a court decree under Wis. Stat. 766.70, adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.
Last updated: June 23, 2021