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Terms and conditions

Terms and conditions

NOTICE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE AND ITS PAGES (COLLECTIVELY, THIS "SITE"), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED FROM TIME TO TIME IN OUR SOLE DISCRETION AND POSTED ON THIS SITE BY SANTANDER BANK, N.A., BY AND THROUGH ITS OPENBANK DIVISION, ITS PARENT OR ANY AFFILIATE OR SUBSIDIARY (COLLECTIVELY, "SANTANDER"). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DISCONTINUE YOUR ACCESS TO THIS SITE IMMEDIATELY. YOU SHOULD PERIODICALLY REVIEW THESE TERMS OF USE CAREFULLY SO YOU ARE AWARE OF THE MOST CURRENT VERSION. YOUR CONTINUED ACCESS OR USE OF THIS SITE AFTER ANY CHANGE TO THESE TERMS, WHETHER YOU HAVE REVIEWED SUCH CHANGE OR NOT, CONSTITUTES YOUR ACCEPTENCE OF THESE TERMS OF USE AS MODIFED.

© 2024 Santander Bank, N.A. All rights reserved.
Openbank is a division of Santander Bank, N.A., Member FDIC, and a wholly owned, indirect subsidiary of Banco Santander, S.A. The works of authorship contained in this Site, including, but not limited to, the text, design, software, images, graphics, sound, recordings, images, source code, and content are owned by Santander. Certain screen layouts, graphics and graphic user interfaces contained in this Site are not owned by Santander and are licensed to Santander. Such works of authorship and licensed materials are protected by United States and International copyright laws and treaties, and may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to create a derivative work, linked, transferred, sold, or otherwise used for public or commercial purposes without the express written consent of Santander.

TRADEMARK AND SERVICE MARK NOTICE

Openbank, Santander, Santander Bank, the Flame Logo, Santander Select, Santander Universities and design, Santander Shareholders and design, Santander Rewards, Bravo, Sphere, Express Cash Pack, Flexlock, Santander Passport, Passport, Real Change, Simply Right, Chip and design, and Your Security Comes First are trademarks of Banco Santander, S.A. or its affiliates or subsidiaries in the United States or other countries. Certain featured words or symbols used in this Site to identify third parties and/or their goods and services may be the trademarks or service marks of such third parties. You may not use, for public or commercial purposes, any of the trademarks or service marks in this Site without the express written consent of Santander, or as applicable, the third-party trademark or service mark holders.

SUBMISSIONS

All information submitted to Santander via this Site shall be deemed to be and remain the property of Santander, and Santander shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in such information. Santander shall not be subject to any obligations of confidentiality regarding submitted information except as specially agreed or as otherwise required by law.

USE OF INFORMATION AND MATERIALS


This Site is provided for your own informational, noncommercial purposes only and is not offered as financial advice, or as otherwise expressly permitted pursuant to the terms of this Agreement or pursuant to the express terms of use regarding any specific product or service available through the Site. The content in this Site, including the terms, conditions, and descriptions herein are subject to change without prior notice and without liability to you. Unauthorized use of, or entry into, this Site, or the misuse of passwords or information contained within this Site, is strictly prohibited. Certain features of products and services described, such as interest rates, may differ among geographic locations. Not all products and services featured in this Site are available in all geographic areas. Your eligibility for particular products and services is subject to final acceptance by Santander or the third-party providers, as applicable. With regard to the information, products and services offered by this Site, no distribution or solicitation is made by Santander to any person to use any information, products, services, or materials in a jurisdiction where such information, products, services, or materials is prohibited by law. The information contained in this Site is not intended as an offer or solicitation for the purchase of the stock of Banco Santander, S.A. or any other security or any financial instrument. Santander reserves the right to terminate any and all website offerings or transmissions without prior notice. Any communication on this Site does not alter or supersede any customer agreement you have with Santander.

POTENTIAL DISRUPTION OF SERVICE


Access to the Site may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • Hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment.
  • Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content.
  • Overload of system capacities.
  • Damage caused by severe weather, earthquakes, pandemic, terrorism, declared or undeclared war, armed conflict, insurrection, riots, civil commotion, act of God, or unforeseen catastrophic event, accident, fire, water damage, explosion, mechanical breakdown or natural disasters.
  • Interruption (whether partial or total) of power supply or other utility of service.
  • Strike or other stoppage (whether partial or total) of labor.
  • Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention.
  • Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Santander.


On this Site, Santander may establish links and pointers to Websites maintained and operated by third parties for you to access at your sole discretion, which may be signaled by an alert message temporarily displayed that you are leaving the Site. Irrespective of whether you view or observe any such alert message when deployed, you acknowledge that the establishment of any link in this Site does not imply an endorsement or recommendation by Santander of any opinions, ideas, goods, products, information or services offered through such linked Websites. Your participation in, or access of, any linked site, including payment for, and the delivery of, any goods, products or services, is based solely upon your relationship with the linked Website provider. Santander has no control over such third-party Websites and makes no warranties or representations as to any content in, or goods, products or services offered through, such third-party Websites. You expressly agree that Santander is not responsible for any losses, damages, or dissatisfaction in connection with your access to, use of, or inability to use, such Websites, or the contents or goods, products or services offered through such Websites.

DISCLAIMER OF WARRANTIES


ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE AND ITS CONTENTS, INCLUDING ALL TEXT, DESIGN, SOFTWARE, IMAGES, GRAPHICS, SOUND, RECORDINGS, IMAGES, SOURCE CODE AND LINKS OR OTHER ITEMS, IS PROVIDED "AS IS", "WHERE IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INFRINGEMENT. FURTHER, NO WARRANTY IS MADE THAT THIS SITE SHALL BE UNINTERRUPTED OR FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL CODE.

LIMITATION OF LIABILITY


UNDER NO CIRCUMSTANCES WILL SANTANDER BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, THE USE OR INABILITY TO USE, THIS SITE OR ANY PORITION THEREOF, OR ANY LINKED SITE, EVEN IF SANTANDER IS ADVISED OF THE POSSIBILITY OF DAMAGES, LOSSES OR LIABILITIES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND WOULD ONLY APPLY WITH THE GREATEST FORCE AS IS PERMITTED UNDER GOVERNING LAW. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST SANTANDER FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS SITE.

INDEMNIFICATION


You agree to defend, indemnify, and hold harmless Santander and all of its respective directors, officers, employees, agents, successors and assigns, from and against all losses, liabilities, damages, claims and expenses, including attorney's fees, arising out of, relating to, or resulting (directly or indirectly) from your violation of these Terms of Use or misuse of this Site, social media pages, or products or services provided via this Site.

Further, without limiting Santander’s rights or your obligations under any other provision of these Terms and Conditions, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Santander’s rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by Santander of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing account data through this Site or Santander’s systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s); and (2) a data breach of the system(s) of any person or entity with whom you provided or shared Santander customer account data.

ADDITIONAL TERMS


Certain pages of this Site may contain separate terms and conditions that are in addition to these Terms of Use. In the event of a conflict, such separate terms and conditions shall govern the products and services offered or provided in such pages.


Santander may use any number of tools to collect information about you, your computer access points, and the web browser that you use to connect to this Site. For example, cookies are tiny text files that we place on your computer’s hard drive when you visit this Site. We may use cookies to personalize your interactions with this Site. You do not have to accept our cookies and you may set your browser to restrict use and you may delete them after they have been placed on your hard drive. If you do not accept or delete our cookies, some areas of this Site may take more time to react, or may not function properly.

RIGHT TO MODIFY OR TERMINATE


Santander reserves the right to modify the products and services offered in this Site. Santander also reserves the right to terminate your access to such products and services, or access to this Site, in whole or in part, at any time and its sole discretion.

SEVERABILITY


In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and remain in full force and effect, and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.

GOVERNING LAW AND JURISDICTION


These Terms of Use constitute a contract between you and Santander. You agree that your use of this Site shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to the conflicts of laws thereof, and to the laws of the United States. You expressly agree to submit to the sole and exclusive jurisdiction of the state and Federal courts situated in the City, County, and State of New York, New York.

SOCIAL MEDIA TERMS OF USE


These terms of use, which include the guidelines for each social media community set forth below (collectively and as used in this Section, these "Terms"), govern your access and use of the social media presence maintained by Santander Bank, N.A. ("Santander", "we", "us" or "our") on third-party hosted sites. By accessing or using our social media pages, you agree that you have read and understand these Terms and you agree to be legally bound by these Terms, our polices and those of third parties hosting our social media pages, and applicable laws and regulations. If you should not agree, then you should not access or use our social media pages. We reserve the right, in our sole discretion, to modify these Terms at any time. Modifications are effective as soon as they are posted. We also reserve the right to waive or modify any of these Terms as they apply to a specific posting or individual without affecting the application of these Terms to all other postings and individuals.

Santander is not responsible for the views and/or comments expressed by users on Santander profiles maintained on Facebook, Instagram, Twitter, LinkedIn, YouTube and Google+ (hereinafter “Santander Social Media”), which are owned by third parties unaffiliated with Santander. Santander does not assume any warranty concerning the truthfulness, accuracy, or updating of the information it contains. Santander is not responsible for the privacy or security policies at these sites or other third-party sites that may be linked to, from, or within them, and does not assume liability for damage incurred by the use of Santander Social Media by the use of said sites.

Santander reserves the right to modify, suspend, cancel or restrict the content of these profiles, the links or the information obtained through it, without prior notice.

RIGHTS TO CONTENT


For any content that you submit to any Santander Social Media, including, but not limited to, data, text messages, files, documents, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, your and/or other persons' names, likenesses, voices, screen names, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, you grant to Santander and our successors and assigns, a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world, on an unrestricted basis for any purpose, without the requirement of any permission from or compensation to you.

COMMENT AND POSTING POLICY


We expect conversations to follow the rules of polite discourse and we ask that participants treat each other, as well as our employees, with respect. We may delete comments or posts that we deem to be:

  • Profane, obscene, inappropriate, disruptive or unrelated.
  • Indecent, sexually explicit or pornographic material of any kind - including masked profanity, where symbols, initials, intentional misspellings or other characters are used to suggest profane language.
  • Threats; personal attacks; abusive, defamatory, derogatory, or inflammatory language; or stalking or harassment of any individual, entity or organization.
  • Discriminatory comments that contain hateful speech of any kind regarding age, gender, race, religion, nationality, sexual orientation or disability.
  • False, inaccurate, libelous or otherwise misleading in any way.
  • Spam, or containing or linking to any kind of virus, malware, spyware, or similar program that could cause harm to a user's computer.
  • Comments, posts, or information disseminated by participants through Santander Social Media we deem to have a potential adverse effect on our businesses, reputation, or interests.

For the benefit of healthy discussion, we ask that comments remain on topic. This means that comments should relate to the topic that is being discussed within that wall post. While we welcome reasonable critiques, we may delete negative comments about Santander and/or our competitors that aren't relevant and don't add to the overall experience.

We may delete comments that we deem to be off topic, including solicitations. In addition, we may remove identical posts by the same user or multiple users (a group of people sending identical messages or one person submitting under different aliases). In the case of identical posts, we will generally leave the first submission and delete the duplicates.


Santander Bank, N.A. is a Member FDIC and wholly owned subsidiary of Banco Santander, S.A. © 2024 Santander Bank, N.A. All rights reserved. Openbank, Santander, Santander Bank, and the Flame logo are trademarks of Banco Santander, S.A. or its subsidiaries in the United States or other countries. All other trademarks are the property of their respective owners. In addition to our Rights to Content, please note the following copyright and intellectual property policies:

  • Infringement on any party's copyright, patent, trademark, trade secret, intellectual property, or other proprietary rights, or right of publicity or privacy is strictly prohibited and is your sole responsibility.
  • By submitting any content to our social media pages, you warrant and represent that you are the copyright owner of the content or that the copyright owner of the content has granted you permission to use such content consistent with the manner and purpose of your use.
  • Using our social media pages to distribute unauthorized copies of copyrighted material, including photos, artwork, text, recordings, designs, computer programs or derivative works of such programs is strictly prohibited and subject to our removal.


We may occasionally post links on Santander Social Media to third-party sites when we think you'll find the information helpful. However, please note that this does not in any way constitute an endorsement of the site or company and third parties have different privacy policies than Santander’s own website maintains, and you should review the third party's privacy policy before providing any information about yourself on that site.

PRIVACY


Please note that with respect to each Santander Social Media channel with which Santander engages, Santander follows that platform's privacy policy with respect to content you submit to Santander Social Media and Santander complies with, and expects you to comply with, each social media platform's terms of use or other governing agreements. The guidelines for each community set forth below contain links to the applicable privacy policies.

SANTANDER SOCIAL MEDIA IS MAINTAINED ON PUBLIC SITES NOT HOSTED OR CONTROLLED BY SANTANDER AND ANY INFORMATION YOU POST IS VIEWABLE BY OTHERS. TO PROTECT YOUR PRIVACY AND THE PRIVACY OF OTHERS, PLEASE DO NOT INCLUDE NONPUBLIC PERSONALLY IDENTIFIABLE INFORMATION SUCH AS SOCIAL SECURITY NUMBERS, ACCOUNT NUMBERS, PHONE NUMBERS OR E-MAIL ADDRESSES IN ANY COMMENT OR POST. IF YOU DO INCLUDE PERSONALLY IDENTIFIABLE INFORMATION IN YOUR COMMENT, YOUR COMMENT OR POST MAY BE DELETED.

Openbank has a presence in various social media/social networking outlets and may occasionally identify and respond to customers seeking assistance with banking-related issues. In the event a customer receives such a communication from Openbank in this capacity, the customer will be directed to other Santander channels that most efficiently address those concerns.

CUSTOMER SERVICE INQUIRIES

You may receive assistance with banking and personal accounts through our channels: