Dealer Rehash Tool Legal

TERMS AND CONDITIONS

The following are the terms and conditions by Stellantis Financial Services, Inc. (“Finance Company”) regarding a Dealer’s use of the AutoFi Rehash Software (“Software”) to submit an application for consideration by Finance Company.

1. Definitions

  1. “Dealer” means the licensed motor vehicle dealer who has entered into a Master Dealer Agreement or Dealer Agreement with the Finance Company. 
  2. “Dealer Agreement” refers to the Master Dealer Agreement or Dealer Agreement between the Dealer and the Finance Company in place when the Dealer uses the Software. 
  3. “Obligor” means any individual or entity who will be obligated on any purchase contract or lease, whether they are the buyer, co-buyer, lessee, co-lessee, surety, or guarantor. This includes applicants with successful and applicants with unsuccessful applications. 
  4. “Submission” means sending or resending an application for financing the lease or purchase of a motor vehicle to Finance Company. 

2. Other Agreements

These Terms and Conditions are cumulative with (a) any agreement between the Dealer and AutoFi, including any terms and conditions set by AutoFi, and (b) any agreement between the Dealer and the Finance Company (including, without limitation, a Dealer Agreement). Nothing in these Terms and Conditions is intended to waive, modify, or discharge Dealer from any obligations under those other agreements or terms and conditions. 

2.1 Chat Function

The use of any chat function provided with the Software is governed by these Terms and Conditions. The Dealer’s use of the chat function is consent to the recording and monitoring (whether in real time or after the fact) of any use of the chat function, including the content of any chat. The Dealer has received the customer’s consent to the recording and monitoring of the chat prior to beginning the chat and the Dealer’s use of the chat is in compliance with all applicable state and federal laws pertaining to the recording and monitoring of communications. The Dealer further understands and agrees that the chat cannot be used to modify, alter, or waive the terms of any contract between the Dealer and the Finance Company, and shall not operate as a modification of terms of any contract or lease with a customer. The Dealer shall not rely on any statements made in the chat as a modification, alternation, or waiver of any terms in a contract with the Finance Company or in any contract or lease with a customer. 

3. Other Agreements

The Dealer’s representations and warranties in the Dealer Agreement apply to each Submission. In addition, the Dealer represents and warrants the following to Finance Company for each Submission: The Dealer reviewed the information in the Submission before submitting it, and the information in the Submission is accurate and complete. 

  1. The Dealer obtained permission or consent from each Obligor to send the Submission. 
  2. To the best of the Dealer’s knowledge after a reasonable investigation, the Submission is not being made for any unlawful purpose or to commit fraud. 
  3. Dealer has and shall continue to comply with all applicable federal and state laws, including, but not limited to, the Equal Credit Opportunity Act and Regulation B, the Truth-in-Lending Act and Regulations M and Z, the Fair Credit Reporting Act, and state fair lending and consumer protection laws. Dealer further has not and will not engage in any unfair, deceptive, or abusive acts or practices. 
  4. Any fees, if permitted by law, are those charged to cash and credit customers alike, are reasonable, and incurred for services or products performed or delivered, and are disclosed in writing. Dealer has provided each Obligor with all disclosures required by law regarding those products and services. None of those fees were disclosed to the Obligor as a fee or charge required by law, unless true. 
  5. To the best of the Dealer’s knowledge after a reasonable investigation, each Obligor is who they say they are, and that each Obligor is not using the identity of another to obtain credit or a lease. 
  6. The Dealer is in compliance with these Terms and Conditions. 
  7. The applicable representations and warranties in any other agreement between Dealer and Finance Company also apply to any Submission. 

4. No Unlawful Discrimination

Dealer has not and will not discriminate against an Obligor on a prohibited basis regarding any aspect of a credit transaction (e.g., service, fees, interest rate/APR, dealer participation, and pricing of additional products such as GAP or service contracts), including, but not limited to, race, color, religion, national origin, sex, sexual orientation, gender identity, marital status, age (provided the applicant has the capacity to contract), or receipt of income from public assistance. 

5. Finance Company Fees

Dealer understands and agrees that fees assessed to Dealer by Finance Company, if any, may not be passed on to the Obligor. 

6. Additional Products or Services

Dealer understands and agrees that all additional products and services must be disclosed as voluntary, be permitted by law, and priced in compliance with state law. Dealer has not and will not represent to an Obligor that the purchase of any additional product or service will improve the Obligor’s chance of obtaining financing from Finance Company or obtain that financing under more favorable terms if the additional products or services are not purchased. 

7. Notice to Obligor of Submittal of Application

Dealer has or will notify each Obligor that the Obligor’s credit application is being submitted to Finance Company, that a hard credit inquiry may occur, and Dealer will inform each Obligor of the credit decision. 

8. No Guaranty

Dealer understands that sending a Submission does not guarantee that any Obligator will obtain approval from Finance Company for financing. Dealer shall explain this to each Obligor.

9. Indemnity and Defense

Dealer shall indemnify, defend, and hold harmless the Finance Company (including its subsidiaries, parent entities, officers, directors, agents, successors, and assigns) form any third party claim arising from or related to Dealer: (a) violating any of these Terms and Conditions; (b) that Dealer violated any law, regulation, contract, or other duty with a Submission; or (c) used the Software in violation of any agreement with AutoFi. The duty includes paying for or reimbursing Finance Company for damages, settlements, expenses, costs, and reasonable attorney’s fees. Dealer shall not agree to any settlement or make statements admitting liability or fault by Finance Company, without Finance Company’s prior written consent. The duty in this paragraph is cumulative with any duty to indemnify, defend, or hold harmless between any other agreement between Dealer and Finance Company.

10. Remedy for Breach

Dealer’s failure to abide by these Terms and Conditions is a material breach of the Dealer Agreement. Finance Company may pursue the remedies set forth in the Dealer Agreement, cumulative with the remedies in these Terms and Conditions and the remedies otherwise permitted by law.

11. Venue, Choice of Law, Arbitration, and Jury Waiver

The provisions in the Dealer Agreement regarding venue, choice of law, arbitration, and waiver of jury trial control in the event of a dispute between Dealer and Finance Company arising from or related to these Terms and Conditions. If no such provisions exist in the Dealer Agreement, or if an arbitrator or court of competent jurisdiction finds that any of those provisions do not apply to these Terms and Conditions, then the following applies as applicable:

  1. Choice of Law. These Terms and Conditions shall be interpreted and enforced under the laws of the States of Texas, regardless of any state’s choice of law provisions. 
  2. Venue. The venue for any litigation between Dealer and Finance Company regarding a matter arising from or related to these Terms and Conditions shall be the state or federal courts having jurisdiction over Harris County, Texas. Each party waives any objection to personal jurisdiction or inconvenient forum regarding such matters. 
  3. Arbitration. Any dispute arising from or related to these Terms and Conditions shall be settled through arbitration conducted by the American Arbitration Association (“AAA”) with a single arbitrator under the AAA’s Commercial Arbitration Rules. Dealer and Finance Company agree that the Agreement involves interstate commerce and that this agreement to arbitrate is subject to the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The foregoing notwithstanding, either Dealer or Finance Company may pursue injunctive relief from a court of competent jurisdiction in emergent circumstances. 
  4. Jury Trial Waiver. Except when prohibited by law, Dealer and Finance Company each waive their right to a trial by jury regarding any dispute arising from or related to these Terms and Conditions.

12. Control of the Software

Dealer understands that Finance Company does not own or control the Software and has no control over how well the Software works, if at all. Dealer agrees that Finance Company is not responsible for the security of the Software, or for the maintenance, updating, or security patches to the Software, or for the reliability of the internet connection the Dealer uses to access the Software.

13. WARRANTY DISCLAIMER

FINANCE COMPANY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR SOFTWARE, INFRINGEMENT, THAT THE SOFTWARE WILL MEET DEALER’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

14. Headers

The headers in these Terms and Conditions are for convenience only. The headers are not intended to control the interpretation of any provision.

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