Dealerware.Com Website Terms of Use

 

  1. TERMS OF USE

Introduction

Silvercar Retail Automotive LLC (d/b/a Dealerware) (“Dealerware”, “Us” or “We”) provides this website (“Site”) for your use, subject to these Terms of Use and your compliance with all applicable laws and regulations. Please read these Terms of Use carefully. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use or to any changes, you must not access or use the Site.

IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS GOVERNING DISPUTES ARISING FROM USE OF THIS SITE. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND WAIVER OF CLASS ACTIONS/JURY TRIALS SECTION BELOW. PLEASE READ CAREFULLY.

Changes to the Terms of Use

Dealerware reserves the right to revise these Terms of Use and our Privacy Policy without notice to you. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

Terms Applicable to Specific Content and Areas of the Site

Some areas of the Site or Dealerware software and software as a service offerings (“Software”) provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Software (including terms and conditions applicable to a company or other organization and its users). If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Software, the latter shall have precedence with respect to your access and use of that area of the Site or Software.

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;
  • 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.

Privacy Policy

Dealerware takes your privacy seriously. Any information submitted on or collected through the Site is subject to our Privacy Policy (available at https://www.dealerware.com/privacy-policy/), the terms of which are incorporated into these Terms of Use.

Minors

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.

Site Modifications

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.

Electronic Communications

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.

Intellectual Property

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 marketing@Dealerware.com.

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.

No Warranty

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.

Indemnity

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

These Terms of Use shall be governed by and construed solely in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. You and Dealerware agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site, any products or services rented or purchased through the Site, under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Travis County in the State of Texas. You covenant not to sue or attempt to sue Dealerware in any other forum or jurisdiction. You also acknowledge and understand that, with respect to any dispute with any of the Released Parties arising out of or relating to your use of the Site, products or services rented or purchased in connection with the Site, or these Terms of Use: (1) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; (2) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND (3) YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

General

All interpretations of the Terms of Use will be at Dealerware’s sole discretion, and Dealerware’s decisions will be final. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Dealerware’s failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and Dealerware in connection with your use of the Site.

Contact Us

If you have any questions about these Terms of Use, please contact Us at support@dealerware.com.

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