DealerWebsites.com Terms and Conditions
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“DealerWebsites.com” refers to our company, known as “Datamotive, Inc. D.B.A. DealerWebsites.com”; our admin Site at admin.dealerwebsite.com; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the services that we provide through our Site, including our dealer website building platform and our Site itself;
“Site” refers to our websites, dealerwebsites.com and dealerwebsite.com ;
“User” refers to anyone who uses our Service, including general visitors to our Site; “
You” refers to you, the person and / or organization that you represent who is entering into this Agreement with DealerWebsites.com.
3. What DealerWebsites.com Offers
DealerWebsites.com is a complete car dealer website building and hosting platform. Car dealers can create and edit pages, custom forms and credit applications, and graphics. We also offer hosted e-mail as a reseller for Rackspace.
In order to use our Service, you must meet a number of conditions, including but not limited to: You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, DealerWebsites.com, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service. You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age. You must not sign up for our Service on behalf of any natural person other than yourself. You must, if signing up on behalf of a person other than a natural person, be authorized by that person to bind it to this Agreement, and you hereby agree that both you and that person shall be bound by this Agreement and held jointly and severally liable for the fulfillment of any obligations or the breach of any terms established herein. You must be a licensed independent or franchise car dealership located within the United States, subject to any exceptions to this rule which are expressly granted by DealerWebsites.com on a case-by-case basis. For a request for an exception to this rule, please contact [email protected] with information about your intended use. Please note that as a rule, only certain individual automotive sales representatives working for one of the aforementioned businesses, or automotive-related businesses, are likely to receive this permission from DealerWebsites.com. You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
5. Nature of Service
DealerWebsites.com offers its Service on an as-is, where-is basis. Although our Service is designed for the purpose of improving car dealership businesses, we make no representations or warranties as to any results that may occur when using our Service. You agree that DealerWebsites.com is not liable for any loss that you may incur as a result of using our Service, including but not limited to foregone profits or other financial loss.
6. Rules of Use
You must not: Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country. Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of DealerWebsites.com. Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party. Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the DealerWebsites.com Sites, Service, or its Users’ computers. Do anything else that could bring DealerWebsites.com into disrepute or violate the rights of any person.
7. Payment, Pricing, and Refunds
Payment can be made by means of credit card through the third party payment provider, Recurly. Unless otherwise stated, all prices are listed in United States dollars. You authorize us to charge your credit card, using Recurly, at the intervals published on our Site for the prices published on our Site for the duration of your subscription period. Because DealerWebsites.com is an intangible service, refunds are available at DealerWebsites.com’s sole discretion. Additional terms surrounding payments, pricing, and refunds may be published on our Site and are hereby incorporated into this Agreement by reference. Monthly quoted prices are per rooftop / physical location. Please contact us for pricing details if you wish to include more than one dealership location.
DealerWebsites.com may refuse to honor advertised discounts or coupons for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
9. Chargebacks and Credit Card Cancellations
Where a User conducts a chargeback against DealerWebsites.com, such User shall be liable to DealerWebsites.com for the full amount of the chargeback, as well as any attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by DealerWebsites.com in the enforcement of its rights under this section.
10. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission. We offer Users the ability to edit and create template-based graphics using software that we own or license from third parties. The graphics must only be used on websites hosted by our company and may not be used on any third party websites or print media. We will allow graphics to be used on social media websites (subject to the proviso in the next paragraph) as long as the customer has paid service with us. Upon cancellation, all graphics must be removed from social media websites as well. We also have a licensing agreement with EVOX Images, doing business as eVox Productions, LLC, to allow a library of stock vehicle images to be used on a User’s website and/or domain as hosted by DealerWebsites.com or its authorized hosting affiliate. The stock vehicle graphics may not be used on any third party website, print, or social media websites. If a User cancels their subscription to our Service, no EVOX vehicle images may be used anywhere by that User.
11. Your Copyright
DealerWebsites.com must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, publish, and otherwise make use of the content that you submit to us in order for to host it on a website for you. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“DealerWebsites.com” is a trademark used by us, Datamotive, Inc., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.
13. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
14. Limited License
DealerWebsites.com is offered on a limited license basis. By subscribing to our Service, you agree that you are paying to be licensed to use our Service for the subscription period for which you have paid. You agree that you will not attempt to reverse engineer, copy, or otherwise tamper with or redistribute our Service. DealerWebsites.com may revoke its license to you under this section at any time by providing you with notice, at which point you agree you will immediately take all steps necessary to remove DealerWebsites.com and any of its derivative files from any hardware under your possession or control. In the case of such revocation, DealerWebsites.com’s liability shall be limited to a pro-rated refund of any subscription period not yet delivered to you, unless you have violated this Agreement, in which case DealerWebsites.com shall not be liable to you for any amount whatsoever.
15. Copyright & Trademark Infringement
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office. If you believe that your copyright has been infringed, please send us a message which contains: Your name. The name of the party whose copyright has been infringed, if different from your name. The name and description of the work that is being infringed. The location on our website of the infringing copy. A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. You must sign this notification electronically and send it to our Copyright Agent at [email protected] Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
16. Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at [email protected] if any of our Users have posted anything that you believe is defamatory.
17. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING RECURLY OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO PAY RECURLY, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
19. Choice of Law
This Agreement shall be governed by the laws in force in the State of Florida. The offer and acceptance of this contract are deemed to have occurred in the State of Florida.
20. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Florida. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest civil court of competent jurisdiction in the State of Florida (“Small Claims Court”). If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court. If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
21. Force Majeure You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, DealerWebsites.com shall have the sole right to elect which provision remains in force.
DealerWebsites.com reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
24. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
25. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you use our Service, and your continued use of our Service shall constitute your acceptance of any such amendments.
27. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about DealerWebsites must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to [email protected] Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: September 17th, 2019
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