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Terms & Conditions
Terms of Service:
This agreement is between Dealer, listed above, and Exit Solutions, Inc. dba
Dealer Car Search (“DCS”). By using this service, you agree to abide by the
terms and conditions of this agreement which are located at
http://www.dealercarsearch.com. Dealer understands that DCS reserves the right
to add to or edit these terms and conditions at any time without notice and
that posted terms and conditions supersede the terms and conditions on this
registration form. By continuing to log on and use the DCS website, dealer
agrees to be bound by the modified terms and conditions. Dealer agrees to
accept faxes from DCS and allows fax copies, scans, or emails of signatures to
be considered legal and binding.
Services provided by DCS will be billed on a month-to-month basis and can be
cancelled by Dealer with a thirty (30) day written notice. Cancellation
does not relieve Dealer of payment for past services provided prior to
cancellation. Payment is expected in advance, on or before the 1st
day of Dealer’s billing cycle. Prepaid membership fees will not be
refunded. Subscription will begin when Dealer Membership Account is
activated. Activation will occur after receipt of first payment and set
up fee.
Privacy Policy:
DCS respects your privacy and holds Dealer’s information in the strictest
confidence. DCS will not sell or lend Dealer’s information to any third party
and will only be shared as expressly allowed by law. Employees of DCS are
authorized to request and access personal information only when necessary to
perform job duties.
General Provisions:
DCS is not responsible for any transactions that Dealer may conduct as a result
of utilizing DCS. DCS is solely an informational tool to be used by buyers and
sellers. Dealer understands that errors may appear. It is the responsibility of
buyer and seller to perform any and all necessary due diligence with regard to
buyer, seller, and vehicle, including but not limited to vehicle data posted on
the DCS website. Dealer should confirm any and all information listed at
http://www.dealercarsearch.com.
Errors and Omissions:
DCS is not responsible for errors, omissions, listings, content, or
inaccuracies of the data listed on dealercarsearch.com or any third party
advertiser’s sites as information and data is supplied by Dealer, not DCS. It
is the responsibility of Dealer to verify, check, and confirm any and all data
listed on dealercarsearch.com and third party advertiser sites.
User Names and Passwords:
Dealer shall keep its DCS user name(s) and password(s) confidential, and shall
be liable for any account activity that takes place under Dealer’s user name(s)
and password(s). Dealer understands that anyone who has access to the Admin Key
will have access to Dealer’s sensitive information and will have access to edit
this sensitive information. Dealer agrees to contact DCS if Dealer suspects or
discovers any unauthorized activity. DCS is not responsible for any loss or
damage arising from Dealer’s failure to protect or keep confidential user
name(s) and password(s). DCS reserves the right to deny access to and terminate
anyone who may post inappropriate, unacceptable, obscene, or illegal
information or pictures, and no refunds will be given for prepaid services.
Third Party Data Feeds:
Dealer agrees to allow DCS to upload data, listing information and pictures,
and make changes of any kind on Dealer’s behalf to third party advertisers with
whom both Dealer and DCS has accounts. Dealer shall review the accuracy of
their data. It is the responsibility of Dealer to verify, check, and make any
necessary corrections or changes to any and all data listed on
dealercarsearch.com and on third party advertiser sites. DCS will not be held
liable for third party advertising listing inaccuracies, errors, or omissions.
DCS is not responsible for any third party claims. DCS will send all uploads to
third party sites once per 24 hour period. Dealer understands that any changes
made at the DCS website will not take effect immediately on third party
advertising sites as third party upload listings are determined by third party,
not DCS. Delays, errors, omissions, and interruption of services may occur on
third party sites. Dealer agrees not to utilize any Inventory Editor or Ad
Manager tools on participating third party sites as it will conflict with the
DCS data feed upload. Dealer understands that data feed uploads from DCS,
including but not limited to, inventory additions, inventory deletions, pricing
changes, descriptions, and photos, will override any additions, deletions, or
changes that Dealer may have made directly to third party sites. DCS reserves
the right to edit, move, or delete any information for any reason whatsoever.
Transactions:
DCS is not responsible for any transactions that Dealer conducts as a result of
utilizing DCS. Dealer agrees to have a minimum of 20 vehicles listed in
inventory at all times and to provide retail pricing as well as wholesale
pricing for dealer community inventory. Dealer understands that DCS has No Buy
Fees, No Sell Fees, No Listing Fees, No Commissions, & No Inventory Removal
Fees associated with Community Inventory. DCS is solely an informational tool
to be used by buyers and sellers. It is the responsibility of Buyer and Seller
to perform any and all necessary due diligence with regard to Buyer, Seller,
and vehicle. The sale of any vehicle is subject to direct negotiation between
Buyer and Seller. DCS does not warranty or guarantee any information provided
by Buyer or Seller and does not guarantee payment or fitness of merchantability
of any vehicle listed on DCS. Dealer must have possession of all vehicles they
post to dealercarsearch.com and have the ability to transfer title and be
willing to sell the vehicle at the listed price. Dealer is to remove “sold”
vehicles from the website immediately after delivery of vehicle. DCS reserves
the right to edit, move, or delete any information for any reason whatsoever.
DCS reserves the right to deny access to and terminate anyone who may post
inappropriate, unacceptable, obscene, or illegal information or pictures, and
no refunds will be given for prepaid services.
Limitation of Liability and Disclaimer of Warranties:
Under no circumstances will DCS, or its affiliates, employees, agents, or
representatives be liable to you or anyone else for any damages whatsoever that
might arise from the use of dealercarsearch.com or service(s) linked to or
advertised on or from dealercarsearch.com Furthermore, Dealer holds Exit
Solutions, Inc., DCS, their affiliates, employees, and subsidiaries harmless
from any and all claims that may exist or that may arise and further
indemnifies them from any and all claims. Dealer agrees that DCS will not be
held liable for losses of any kind, including without limitation, indirect,
punitive, exemplary, or damages of any kind. Dealer shall not be entitled to
recover from DCS and consequential damages, damages for loss of use, loss of
time, loss of revenues or profits or income, loss of business, loss of data, or
any other incidental damages. DCS does not guarantee that the service will be
error free, or continuously available. DCS can not and does not guarantee that
the service will be free of viruses or other harmful components. DCS does not
and can not warrant or guarantee the accuracy of any information provided on
the website.
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