2022 HYUNDAI SANTA CRUZ INSIDER PROGRAM TERMS AND CONDITIONS

Welcome to the Hyundai SANTA CRUZ Insider Program (“Program”). These Terms and Conditions (“Terms”) describe the Program as well as the SANTA CRUZ Insider process. Please review these Terms carefully before clicking the checkbox and submitting your request. You must agree to these Terms in order to participate in the program. By clicking the checkbox and clicking “Become an Insider,” you acknowledge that you have read and agreed to these terms. If you object to any of these Terms, you should not participate in the Program.

Subject to vehicle availability and subject to these terms, Hyundai Motor America (“Hyundai”) is offering to let you become a SANTA CRUZ Insider for the 2022 Hyundai SANTA CRUZ from a participating Hyundai dealer (“Dealer”).

DEALERS SET THE ACTUAL PRICE WHICH MAY DIFFER FROM THE MANUFACTURER’S SUGGESTED RETAIL PRICE. The manufacturer’s suggested retail price does not include taxes, title, license, destination, other options and other dealer fees and charges.

    1.    Reservation Process.

This is not a vehicle order or purchase. This process is intended to allow you to digitally configure various 2022 Hyundai SANTA CRUZ packages and to place you in contact with a Hyundai specialist who can assist you with contacting a dealer to complete your purchase of the Vehicle. 2022 SANTA CRUZ model purchases must be completed by February 28, 2022.

To begin the SANTA CRUZ Insider process online, you will have the ability to digitally configure your 2022 Hyundai SANTA CRUZ vehicle by selecting from drivetrain, exterior color, interior color, and trim package options. Vehicle design and all configuration and package options, including price, as well as equipment, options and availability, may be subject to change and are  NOT  guaranteed.

After you complete your digital configuration, you will be contacted by a Hyundai specialist. You must provide your contact information, including first and last name, email address, phone number, and ZIP code, in order to become a SANTA CRUZ Insider.

When you submit your contact information through this program, the Hyundai Specialist will contact you by telephone or email to confirm your interest in the 2022 Hyundai SANTA CRUZ and to confirm your chosen vehicle configuration.

If you are looking for updates once you submit your SANTA CRUZ Insider request, or if you have not been contacted by a Hyundai specialist, please contact a Hyundai specialist directly by calling (844) 966-3434 during the following business hours:

Monday – Friday 6am-9pm, Saturday 6am-6pm, Sunday 9am-5pm PST

Participation in this Program is  NOT  a vehicle purchase and does not guarantee delivery. In order to purchase a new 2022 Hyundai SANTA CRUZ, you must receive final transaction pricing and terms from Dealer, arrange any necessary financing, and execute a contract with the Dealer for the purchase or lease of the vehicle. Your submission of a reservation request does not guarantee a price for the 2022 Hyundai SANTA CRUZ. DEALERS SET THE ACTUAL PRICE WHICH MAY DIFFER FROM THE MANUFACTURER’S SUGGESTED RETAIL PRICE. The manufacturer’s suggested retail price does not include taxes, title, license, destination, other options and other dealer fees and charges.

    2.    No Obligation to Purchase.

Submitting a SANTA CRUZ Insider request does NOT require you to make a vehicle purchase or to complete a purchase, finance, or lease contract. If you change your mind at any time before you sign a contract with the Dealer, you may cancel by notifying your selected Dealer. If you elect to cancel your reservation request, it is your responsibility to affirmatively notify the Dealer and request a refund of any deposit directly from your selected Dealer. All cancellations are final. When you cancel, the vehicle you requested to reserve may be made available by the Dealer to other customers. In the event you have not completed a 2022 SANTA CRUZ model purchase or lease transaction by February 28, 2022, your reservation request will be forfeited, and your Deposit will be automatically refunded to the original payment source you provided. When you complete your purchase or lease transaction, the Dealer will apply your Deposit to the final transaction price for the Vehicle.

You may elect to cancel your reservation request and receive a full refund of your Deposit at any time prior to completing your purchase, by contacting the SANTA CRUZ concierge center at 844-966-3434 or by email at conciergecenter@jdpa.com with your request. Please be sure to let us know promptly if the original source of payment for the deposit (such as a credit card account) is later closed and also make sure to keep us informed of changes in your email address, so that we can better process a refund to you. If we cannot credit your original source of payment with a refund or otherwise contact you to issue the refund, after one year we will be entitled to retain the deposit.

    3.    No Guarantees.

By agreeing to these Terms, you represent and warrant to us that you understand that the vehicle configuration you select may change prior to execution of a sales agreement between you and a Dealer. Accordingly, Hyundai and the Dealer make no guarantee that any 2022 Hyundai SANTA CRUZ will be configured to your requested specifications. Hyundai and the Dealer makes no guarantee as to the timing of when the 2022 Hyundai SANTA CRUZ you configured will be available, and there is no guarantee on any pricing or incentives which may be available until the time the 2022 Hyundai SANTA CRUZ is actually purchased. Hyundai and the Dealer also make no guarantee that any 2022 Hyundai SANTA CRUZ vehicle you configure will be delivered to you or set aside by the Dealer for your exclusive purchase. Hyundai and the Dealer reserve the right to cancel a configuration request at any time, for any reason, provided that you will be notified if your reservation request has been cancelled, and you will receive a refund for any deposit you may have made to the Dealer.

    4.    Program Eligibility; Assignment.

This Program is only available to individuals residing in the United States who are 18 years of age or older. Vehicles must be purchased from and delivered through a Dealer in the United States. The Program is only open to individuals; companies, groups and organizations are not eligible to participate. You may not transfer or assign your configuration request or any other rights under these Terms.

    5.    Information Sharing.

The information collected during the SANTA CRUZ Insider Process will be shared with Hyundai and the Dealer. The handling of this information is governed by the Hyundai Motor America Privacy Policy, available at: https://www.hyundaiusa.com/us/en/privacy-policy⁠ . You represent and warrant that all such information you provide is accurate, and you shall ensure that such information is kept current. Hyundai shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact information. Hyundai never receives or holds your deposit or payment information. All deposits are paid directly to Dealer.

    6.    Right to Modify, Cancel Program.

Hyundai reserves the right to modify or cancel all or part of this Program at any time and without prior notice or obligation to you. Your use of the Program after any changes are implemented will be deemed as your acceptance of such changes. The Program may not be available during maintenance windows and at other times.

    7.     Force Majeure.

Your participation in the program and/or your configuration request does not create liability for Hyundai or you for any failure to perform due to an event beyond our control, including, but not limited to, any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act or order of federal, state, or local civil or military authority, uprising, unavailability of materials, epidemic or pandemic, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.

    8.     Limitation of Warranties.

HYUNDAI PROVIDES THIS PROGRAM AND WEBSITE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, OTHER THAN (IF APPLICABLE) THE WARRANTY PROVIDED TO YOU UNDER THE HYUNDAI WARRANTY PROGRAM. HYUNDAI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY STATED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some states may not allow the exclusion of implied warranties, so check local laws.

HYUNDAI DOES NOT WARRANT THAT THE CONTENT OR SERVICES OR FUNCTIONS ASSOCIATED WITH OR CONTAINED WITHIN THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ALL PRODUCTS OR SERVICES LISTED, SOLD, OR ADVERTISED ARE AVAILABLE, OR THAT ALL TRANSACTIONS WILL BE COMPLETED. NEITHER HYUNDAI NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, OR LICENSEES WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT, MATERIALS, OR INFORMATION CONTAINED AT THE SITE ARE CORRECT, ACCURATE, COMPLETE, UP TO DATE, AND/OR RELIABLE.

    9.     Limitation of Liability.

IN NO EVENT SHALL HYUNDAI, OR HYUNDAI AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES BE LIABLE TO YOU FOR LOST PROFITS OR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, YOUR PARTICIPATION IN THE PROGRAM, YOUR RESERVATION REQUEST, OR THESE TERMS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, AS A DEPOSIT IN CONNECTION WITH A RESERVATION REQUEST.

Some states do not allow the limitation of liability, so check local laws.

    10.     Dispute Resolution and Applicable Law.

This Program and these Terms are subject to the “Dispute Resolution Policy: Binding Arbitration” policy set forth within the Hyundai Website Terms of Use, available at https://www.hyundaiusa.com/us/en/terms-conditions⁠  (including with respect to the choice of law and venue for any dispute arising under the foregoing Dispute Resolution Policy), key provisions of which are reproduced below:

Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting the Hyundai Customer Service Department at https://owners.hyundaiusa.com/us/en/contact-us.html⁠  or calling (800) 633-5151. IN THE UNLIKELY EVENT THAT THE HYUNDAI CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. Hyundai will pay all administrative costs of the arbitrator, no matter who wins, so long as your claim is not frivolous or brought in bad faith. However, in arbitration, both you and Hyundai will be entitled to recover attorneys’ fees from the other party to the same extent as you would be in court.

Interpretation or application of any provision of these Terms shall be governed by the laws of the State of California, irrespective of its conflicts of laws provisions. In the event that court intervention is required with respect to interpretation, application or enforcement of the Dispute Resolution Policy mentioned above (including without limitation for petitions to confirm or vacate arbitration awards), you hereby consent to the jurisdiction of the federal courts located in Orange County, California to the maximum extent permitted by law. This provision and the Dispute Resolution Policy shall survive termination of your relationship with Hyundai, or termination of the Program.

    11.     Entire Agreement, Modification, and Severability.

We reserve the right, at our discretion, to change these Terms at any time. If any provision of these Terms, or any portion thereof, to be unenforceable, it shall be stricken without affecting the validity of the remaining portions of these Terms. These Terms, which incorporate, to the extent applicable, the Hyundai Website Terms of Use and the Hyundai Website Privacy Policy, represent the entire agreement governing your reservation request.

Maryland Residents -- Until you sign a vehicle sales agreement and receive a copy of it signed by the dealer, you have an unconditional right to cancel and receive an immediate refund.

Massachusetts Residents -- Until you sign a vehicle sales agreement and receive a copy of it signed by the dealer, you have an unconditional right to cancel and receive an immediate refund.

New Hampshire Residents -- Your deposit will be returned if a sale does not occur.

New York Residents -- This is not an order form. There is no guarantee that the motor vehicle offered to you will match the description indicated on this form or will contain these and no other options. Should you decide not to purchase the motor vehicle, you have the right to obtain a full refund of your deposit.