Read This Terms of Use Agreement Before Accessing Website. This Terms of Use Agreement
was last updated on April 10, 2007.
This Terms of Use Agreement sets forth the standards of use of the DealerDex LLC
Online Service. By using the DealerDex.com website you (the “Member”) agree to these
terms and conditions. If you do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website. We reserve the right, at
any time, to modify, alter, or update the terms and conditions of this agreement
without prior notice. Modifications shall become effective immediately upon being
posted at DealerDex.com website. Your continued use of the Service after amendments
are posted constitutes an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this Agreement may not be amended.
Disclaimer of Warranties
The site is provided by DealerDex LLC on an “as is” and on an “as available” basis.
To the fullest extent permitted by applicable law, DealerDex LLC makes no representations
or warranties of any kind, express or implied, regarding the use or the results
of this web site in terms of its correctness, accuracy, reliability, or otherwise.
DealerDex LLC shall have no liability for any interruptions in the use of this Website.
DealerDex LLC disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
DealerDex LLC shall not be liable for any damages whatsoever, and in particular
DealerDex LLC shall not be liable for any special, indirect, consequential, or incidental
damages, or damages for lost profits, loss of revenue, or loss of use, arising out
of or related to this web site or the information contained in it, whether such
damages arise in contract, negligence, tort, under statute, in equity, at law, or
otherwise, even if DealerDex LLC has been advised of the possibility of such damages.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold DealerDex LLC, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising out of Member’s
use of the Service, the violation of this Agreement, or infringement by Member,
or other user of the Service using Member’s computer, of any intellectual property
or any other right of any person or entity.
Modifications and Interruption to Service
DealerDex LLC reserves the right to modify or discontinue the Service with or without
notice to the Member. DealerDex LLC shall not be liable to Member or any third party
should DealerDex LLC exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that DealerDex LLC does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may be interfered with
or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the content located
on such sites. Your use of those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible therein. We encourage
all Members to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While DealerDex LLC makes every effort
to ensure that the information on this website is accurate, we can make no representations
or warranties as to the accuracy or reliability of any information provided on this
website.
DealerDex LLC makes no warranties or representations whatsoever with regard to any
product provided or offered by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor shall be at your own risk.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2006 DealerDex.com, with
all rights reserved, or is the property of DealerDex LLC and/or third parties protected
by intellectual property rights. Any use of materials on the website, including
reproduction for purposes other than those noted above, modification, distribution,
or replication, any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of an authorized officer
of DealerDex LLC is strictly prohibited. Members agree that they will not use any
robot, spider, or other automatic device, or manual process to monitor or copy our
web pages or the content contained therein without prior written permission of an
authorized officer of DealerDex LLC.
DealerDex LLC™ and DealerDex.com™ are proprietary marks of DealerDex.com. DealerDex
LLC’s trademarks may not be used in connection with any product or service that
is not provided by DealerDex LLC, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits DealerDex LLC.
All other trademarks displayed on DealerDex LLC’s website are the trademarks of
their respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with DealerDex LLC.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, DealerDex.com designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
By Mail
DealerDex LLC
PO BOX 250089
Franklin, MI 48025
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements referenced
herein may be assigned by DealerDex LLC, in our sole discretion, to a third party
in the event of a merger or acquisition. This Terms of Use Agreement shall apply
in addition to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a Member. Member agrees that by accepting
this Terms of Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our Privacy
Policy Statement.