This document states the Terms and Conditions under which you are licensed to and may use DealerTrend, Inc. web sites and other related DealerTrend, Inc. software products. Please read this document carefully. If you do not accept the Terms and Conditions stated here, do not use this software or service. By using the software, you are indicating your acceptance to be bound by the terms of your Agreement with DealerTrend, Inc.
DealerTrend, Inc. (the "Company") may revise these Terms and Conditions at any time and without notice. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing the DealerTrend, Inc. web based software for any reason.
You are hereby granted a non-exclusive, non-transferable right to use the Service, solely to distribute information to customers of your Business, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the original developers, creators, authors and its licensors.
You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; modify or make derivative works based upon the Service or the Content; create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or reverse engineer or access the Service in order to build a competitive product or service.
You shall not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; send or store material containing software viruses, worms, Trojan horses or other harmful computer code; interfere with or disrupt the integrity or performance of the Service; or attempt to gain unauthorized access to the Service or its related systems or networks.
The original developers, creators, and authors alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Technology, Content and the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Technology or the Intellectual Property Rights owned by the original developers, creators, and authors.
The Company authorizes you to use Company's software to display inventory items on the Company's web site and edit information on that web site that is intended for public consumption.
The contents of this Web Site are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.
You shall not copy or adapt the code, HTML, Javascript, or otherwise, that the Company creates to generate its pages. It is also protected by the Company's copyright.
You agree that the Web Site may contain an identifying footer stating "Powered By DealerTrend" or a similar message as well as a copyright notice acknowledging that all aspects of the site are owned by DealerTrend, Inc., and are only licensed to you during the term of the agreement.
Users are prohibited from violating or attempting to violate the security of the software, including accessing data not intended for such user, logging into a server or account which the user is not authorized to access, or attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
As a User, you are responsible for all material posted on Company's web site and you alone are responsible for the consequences of their posting. You have control over product information and pricing of items that you post available for sale and you alone are responsible for ensuring that all product information and pricing is accurate. The Company is not responsible for improper information being posted to your site.
You are responsible for all activity occurring under your User account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. You shall notify DealerTrend, Inc. immediately of any unauthorized use of any password or account or any other known or suspected breach of security.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of material posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site, its related software, or the Material. The use of the Web Site and the related software is at your own risk.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE OR RELATED SOFTWARE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE WEB SITE, RELATED SOFTWARE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $1.00.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement.
If a dispute arises between you and DealerTrend, Inc., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.
This Agreement shall be governed in all respects by the laws of the State of Nevada, County of Washoe, without regard to conflict of law provisions. You agree that any claim or dispute you may have against DealerTrend, Inc. must be resolved by a court located in Washoe County, Nevada, except as otherwise agreed by the parties.
The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.