User Agreement

Terms of Service:
This agreement is between Customer (Dealer) and Exit Solutions, Inc. d.b.a. Dealer Car Search (“DCS”). By logging into Dealer Car Search, Dealer agrees to abide to the User Agreement located at www.dealercarsearch.com. Dealer understands that DCS reserves the right to add to or edit this User Agreement at any time without notice and that posted User Agreement supersedes this User Agreement. By continuing to log into the DCS website, Dealer agrees to be bound by the modified User Agreement. Dealer agrees to accept faxes from DCS and allows fax copies, scans, or emails of signatures to be considered legal and binding.

Billing:
Service begins when Dealer Account is activated. Services provided by DCS will be billed on a month-to-month basis and billed in advance. Payment is expected on or before the 1st day of Dealer’s billing cycle. Services can be cancelled by Dealer in writing and must be at least 15 calendar days prior to Dealer’s billing date. If written cancellation is received less than 15 calendar days prior to Dealer’s billing date, Dealer will be responsible for payment of one month’s service. If written cancellation is received at least 15 calendar days prior to current billing date, services will cease on the final date of current billing cycle. Prepaid service fees will not be refunded. Cancellation does not relieve Dealer of payment for past services provided prior to cancellation. An account which becomes 30 days past due is subject to interruption of website services and data feeds as well as termination.

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 your information 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.

Security Policy:
This site has security measures in place to protect the loss, misuse and alteration of the information supplied by the purchaser and is under our control. DCS uses SSL (Secure Sockets Layer), the industry standard security protocol to communicate with secure browsers like Netscape and Internet Explorer.

Copyright Policy:
All works produced by DCS, including but not limited to, Dealer Websites remain the protected copyrighted property of DCS and Dealer is not allowed to duplicate any DCS website design or works. DCS will pursue Dealers that infringe on DCS materials protected by copyright.

Domains:
Domain Names purchased by DCS become the sole property of DCS and will not be released to Dealer.

User Names and Passwords:
Dealer shall keep its DCS User Names and Passwords confidential, and shall be liable for any account activity that takes place under Dealer’s User Names and Passwords. Dealer understands that anyone who has access to Users Names and Passwords will have access to Dealer’s sensitive information and will have access to edit this 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 Names and Passwords. User Names and Passwords remain the property of DCS and are given to Dealer’s for management purposes only. Dealer is not permitted to provide User Names, Passwords, or Keys to any third party for any purpose. Providing any third party User Names, Passwords, or Keys for any purpose is a direct violation of computer fraud laws and DCS will pursue Dealer in such instances.

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. Dealer shall review the accuracy of their data. It is the responsibility of Dealer to verify, check, and make necessary corrections or changes to any and all data listed on http://www.dealercarsearch.com. 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 at least 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 on third party sites as it will lock the DCS data feed.

Transactions:
DCS is not responsible for any transactions that Dealer conducts as a result of utilizing DCS. 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 website 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 http://www.dealercarsearch.com or service(s) linked to or advertised on or from www.dealercarsearch.com. Furthermore, Dealer holds Exit Solutions, Inc., DCS, their affiliates, employees, third parties, 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 consequential 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 cannot and does not guarantee that the service will be free of viruses or other harmful components. DCS does not and cannot warrant or guarantee the accuracy of any information provided on the website. DCS does not guarantee server uptime or DCS website availability.

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. It is the responsibility of Dealer to verify, check, and confirm any and all data listed on www.dealercarsearch.com and third party advertiser sites.

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 www.dealercarsearch.com.