Terms of Service Last Updated: 11-12-2019
DealerWriter (“we,” or “us”) makes this site and all associated site materials available for your access and use on the condition that you comply with these Terms of Service (“TOS”). “Site materials” means all services, information, data, documents (e.g. white papers, press releases, data sheets, FAQs, etc.), communications, downloads, files, text, images, videos, webcasts, tools, resources, products, or other content made available or enabled via this site by DealerWriter or any third party. Your obligations under this TOS include the obligation to abide by other terms and conditions (“Supplemental Terms”) that apply to specific DealerWriter services, projects, features, and products. For example, your use of any DealerWriter service made available to you on pursuant to a membership or any other product or service that you purchase, is subject to the Membership Agreement. If a provision of any Supplemental Terms conflicts with this TOS, the provision of the Supplemental Terms will prevail in the context of the service, project, or product that is subject to the Supplemental Terms.
By accessing or using this site and/or the site materials, you agree to comply with this TOS and any relevant Supplemental Terms, and you certify that you are at least 13 years old, and that if you are between 13 and 18 years old, you have obtained the consent of your parent or legal guardian to use this site. Do not use or access the site if you do not agree to this TOS.
The site, and all content and other elements available on or through the site, are the property of DealerWriter and/or its content providers, and are protected by the laws of the United States and other countries, including their copyright and trademark laws. Your use of the site does not transfer to you any ownership or other rights in the site or its content. The site may not be copied, reproduced, republished, uploaded, transmitted, modified, indexed, cataloged, mirrored or distributed in any way, in whole or in part, without the express prior written consent of DealerWriter.
The messages and other content by third parties that may appear on the site express the views of their authors, who are wholly responsible for that content. They do not represent our opinions.
We may display advertisements and promotions from third parties on the site. Also, the site and/or site materials may contain links to third party sites or resources. Your contacts and interactions with these third parties and your participation in these promotions are solely between you and the third party, and we are not responsible or liable for any loss or damage to you that may result.
We don’t endorse these third party sites or resources, and are not responsible for their availability.
DealerWriter, RealTime, and other marks and logos associated with DealerWriter products and services appearing on the site are trademarks, trade names and service marks owned by DealerWriter.
You agree to provide true, accurate, current complete information about your Dealership in the site’s settings form (the “Settings Data”). If we have reason to believe that you have failed to provide us with complete and accurate Settings Data, we may suspend or terminate your account and refuse any and all current or future use of any DealerWriter site or service. The Settings Data and other information that you provide to us or that we collect about you are subject to any and all DealerWriter policies.
You agree that you will not use the site or any site materials, project, or service to: (a) transmit spam, bulk, or unsolicited communications; (b) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any transmitted content; (c) misrepresent your identity, or affiliation with any person or entity; (d) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to participate in the site or any site projects or services; (e) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law; or (f) collect or store personal data about other users unless specifically authorized to do so by such users (g) resell or charge for the content from DealerWriter.
All of your contributions and submissions (collectively, “submissions”) to the site and/or the site materials, and any site projects, activities, products, or services must comply with the applicable policies and guidelines.
If you provide us with ideas, suggestions, or proposals through our suggestion, user comment, errata or feedback pages, or by other means, you acknowledge and agree that: (a) your submission does not contain confidential or proprietary information and we are not obligated to keep it confidential; (b) we are entitled to use or disclose the submission for any purpose and in any way; (c) we already may be considering or developing something similar to your submission; and (d) if we make use of all or part of your submission, you will not be entitled to any payment or other consideration.
DealerWriter respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on a DealerWriter site in a way that constitutes copyright infringement, please send a written notice to our Copyright Agent that includes:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located, such as the URL where it is posted;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
In order to be effective, your notice must be in writing. This contact information is provided under notice requirements of the Digital Millennium Copyright Act and is solely for reporting copyright infringement.
You agree to indemnify and hold DealerWriter and its officers, directors, members, affiliates, subsidiaries, partners, agents, licensors, licencees, suppliers, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your: (i) violation of this TOS, including any Supplemental Terms, and/or (ii) violation of applicable law or your violation of any rights of any third party based on or related to your use of the site and/or any site materials.
DealerWriter reserves the right at any time to modify, suspend or terminate the site (or any portion of it), and/or your use of or access, with or without notice. DealerWriter will not be liable to you or any third-party for any modification, suspension, or termination of the site or the site materials. DealerWriter may amend this TOS at any time by posting the amended terms on this site, without notice to you. Your use of the site after such posting will constitute consent to the modified TOS. The current version of this TOS will always be available on this page. It is your responsibility to review this TOS from time-to-time in order to be informed of TOS modifications.
You agree to assume all risk in accessing and using the site or any site materials, and with respect to any activity or project that you undertake based on or utilizing the site or any site materials. You must take precautions (e.g., virus scans, etc.) to ensure that any content you access is free of viruses, worms or other potentially destructive elements. DealerWriter provides no assurances that the site or any site materials is or will be free of viruses, problems, or errors, nor assurances that any such issues will be resolved.
YOUR USE OF THE SITE AND/OR ANY SITE MATERIALS IS AT YOUR SOLE RISK. THE SITE AND ALL SITE MATERIALS, CONTENT, INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. DEALERWRITER, LLC DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DEALERWRITER, LLC MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED BY OR MADE ACCESSIBLE BY MEANS OF THE SITE OR ANY SITE MATERIALS.
DEALERWRITER, LLC MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE, THE SITE MATERIALS, OR ANY PRODUCTS OR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SITE MATERIALS, PRODUCTS, OR SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF THE SITE OR ANY SITE MATERIALS, PRODUCTS, OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE, SITE MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM DEALERWRITER, LLC, WHETHER OBTAINED THROUGH THE SITE, SITE MATERIALS, PRODUCTS, SERVICES, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS TOS.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE SITE AND/OR SITE MATERIALS, PRODUCTS, OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.
TO THE FULL EXTENT PERMITTED BY LAW, DEALERWRITER, LLC IS NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY SITE MATERIALS, PRODUCTS, OR SERVICES, EVEN IF DEALERWRITER HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) TOOLS, FEATURES, CONTENT OR INFORMATION YOU MAY ACCESS, USE, MODIFY, OR RELY UPON.
IF THE RELEVANT JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
This TOS constitutes the final, complete and exclusive agreement between you and us relating to the subject matter that it covers, and it supersedes all prior versions. You also may be subject to additional terms and conditions that may apply when you use of DealerWriter products or services, or those of any third party. If a Supplemental Term conflicts with this TOS, the Supplemental Term will prevail.
You and DealerWriter agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Nassau, New York, U.S.A.
No failure to exercise promptly any right under this TOS will create a continuing waiver or any expectation of non-enforcement. If any provision of this TOS is held to be invalid by a court of competent jurisdiction, you agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of this TOS will remain in full force and effect.
You expressly understand and agree that any dispute, claim or controversy between you and DealerWriter arising out of or in connection with this TOS, or your use of the site, must be brought no later than one (1) year from the date the alleged claim occurred or arose.