Terms Applicable to Specific Content and Areas of the Site
Use of Software
Your use of Software is subject to all agreements such as a license agreement or subscription agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).
Use Of The Site
Dealerware maintains the Site for your non-commercial, personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Dealerware. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you must not access or use the Site.
Code of Conduct
While using this Site, you agree not to:
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking,” “denial of service” attacks or defacing any portion of the Site;
- Use the Site for any unlawful or unauthorized purpose;
- Express or imply that any statements you make are endorsed by Us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about Us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Us);
- Engage in spamming or flooding;
- Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of the Site;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Tamper in any way with the software or functionality of the Site, including, without limitation, transmitting or posting any software or other materials to the Site that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way gather or extract discount coupons or other content on or available through the Site, or otherwise reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest, “scrape,” or collect information about visitors to or users of the Site without their express consent;
- Create a database by systematically downloading and storing all or any of the information on the Site;
- Copy, redistribute, use or publish any content on, or any part of, the Site;
- Make postings of a commercial nature; or
- Permit others, including those whose accounts were terminated, to access the Site through your account, username or password.
In compliance with the Children’s Online Privacy Protection Act, Dealerware does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If Dealerware determines that a customer or other person is under eighteen (18) years of age and has submitted information by way of our Site, Dealerware will immediately delete such information.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
We reserve the right, without prior notification, to change any descriptions or images of, references to, or prices of, any products or services on the Site, or to limit the order quantity on any such product or service and/or refuse service to you. We note that descriptions or images of, or references to, third party products or services do not necessarily imply our endorsement of such products or services.
Links To Other Sites
The Site may include links to third-party websites. Dealerware does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.
Use Of Information Submitted
You agree that Dealerware is free to use any comments, information or ideas contained in any communication you may send to Dealerware, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services. You agree that you have all rights necessary to grant this permission to Dealerware.
By using the Site, you consent to receiving electronic communications and notices from Dealerware. You agree that any notice, agreement, disclosure or other communications that Dealerware sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All copyrightable Site text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site, are copyrighted by Dealerware and are protected by law. All rights are reserved. All requests for permission to reprint or make any other use of the Content should be addressed to [email protected].
DEALERWARE, SILVERCAR, CHANGING THE WAY THE WORLD HITS THE ROAD, CAR RENTAL THE WAY IT SHOULD BE, and all related names, logos, product and service names, designs, and slogans are trademarks of Silvercar, Inc. Use of such marks without the prior written permission of Silvercar, Inc. is expressly prohibited. Trademarks and service marks designated with the ® symbol are registered with the U.S. Patent and Trademark Office and possibly with foreign countries. Other trademarks and service marks belonging to Dealerware may be designated with the “SM” or “TM” symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Dealerware that appear on the Site are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Dealerware.
While Dealerware use its reasonable best efforts to maintain the accuracy and reliability of the Site, Dealerware does not warrant or represent that it will always function or be error-free. Dealerware assumes no responsibility or liability for errors or omissions in the Site or for problems with its operation. Your use of the Site is at your own risk. Without limiting the foregoing, THE SITE, THE CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result, the above may not apply to you.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”
Limitation Of Liability
IN NO EVENT SHALL DEALERWARE, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE, OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE.
This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of goodwill, loss of use, loss of data, cost of procuring substitute goods, services, or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if an individual advises of the possibility of such damages. The limitation of liability set forth herein is a fundamental element of the basis of the bargain between Dealerware and you. The services offered through the Site would not be provided without such limitations. You acknowledge and agree that your sole and exclusive remedy for any dispute with Dealerware with respect to your use of the Site is to stop using the services and cancel your account.
Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify, defend, and hold Dealerware and its related companies and each of their respective directors, officers, employees and agents (collectively, the “Released Parties”) harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs and fees and costs associated with enforcement of this provision, arising, directly or indirectly, in whole or in part, out of your use of the Site, any Dealerware product or service, or your violation of any law or the rights of any person.
Mandatory Arbitration and Waiver of Class Actions/Jury Trials