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Terms of
Use
1. Acceptance of Terms
DealerShipRatings.com provides a collection of online
resources, including reviews, ratings and forums subject
to the following Terms of Use ("Terms"), which may be
updated by DealerShipRatings.com from time to time.
DealerShipRatings.com will provide notice of materially
significant changes to the Terms by posting notice on
the DealerShipRatings.com site. You can review the most
current version of the Terms at: http://www.DealerShipRatings.com/terms_of_use.php.
By using the Service in any way, you are agreeing to
comply with these Terms. In addition, when using
particular DealerShipRatings.com services, you agree to
abide by any applicable posted guidelines for all
DealerShipRatings.com services, which may change from
time to time. Should you object to any term or condition
of these Terms, any guidelines, or any subsequent
modifications thereto or become dissatisfied with
DealerShipRatings.com in any way, your only recourse is
to immediately discontinue use of DealerShipRatings.com.
2. Content
You understand that all postings, messages, text, files,
images, photos, video, sounds, or other materials
("Content") posted on, transmitted through, or linked
from the Service, are the sole responsibility of the
person from whom such Content originated. More
specifically, you are entirely responsible for all
Content that you post, email or otherwise make available
via the Service. You understand that
DealerShipRatings.com does not control, and is not
responsible for Content made available through the
Service, and that by using the Service, you may be
exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable.
Furthermore, the DealerShipRatings.com site and Content
available through the Service may contain links to other
websites, which are completely independent of
DealerShipRatings.com. DealerShipRatings.com makes no
representation or warranty as to the accuracy,
completeness or authenticity of the information
contained in any such site. Your linking to any other
webites is at your own risk. You agree that you must
evaluate, and bear all risks associated with, the use of
any Content, that you may not rely on said Content, and
that under no circumstances will DealerShipRatings.com
be liable in any way for any Content or for any loss or
damage of any kind incurred as a result of the use of
any Content posted, emailed or otherwise made available
via the Service. You acknowledge that
DealerShipRatings.com does not pre-screen or approve
Content, but that DealerShipRatings.com shall have the
right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via
the Service, for violating the letter or spirit of the
Terms or for any other reason.
3. Notification of Claims of Infringement
If you believe that your work has been copied in a way
that constitutes copyright infringement, or your
intellectual property rights have been otherwise
violated, please notify DealerShipRatings.com's agent
for notice of claims of copyright or other intellectual
property infringement ("Agent"), at
abuse@DealerShipRatings.com
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual
property that you claim has been infringed;
2. Identify the material on the DealerShipRatings.com
site that you claim is infringing, with enough detail so
that we may locate it on the website;
3. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury
that (a) the above information in your Notice is
accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized
to act on behalf of that owner;
5. Your address, telephone number, and email address;
and
6. Your physical or electronic signature.
DealerShipRatings.com will remove the infringing
review(s), subject to the the procedures outlined in the
Digital Millenium Copyright Act (DMCA).
4. Privacy and Information Disclosure
DealerShipRatings.com has established a Privacy Policy
to explain to users how their information is collected
and used, located at http://www.DealerShipRatings.com/privacy_policy.php.
Your use of the DealerShipRatings.com website or the
Service signifies acknowledgement of and agreement to
our Privacy Policy. You further acknowledge and agree
that DealerShipRatings.com may, in its sole discretion,
preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses,
timestamps, and other user information, if required to
do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to:
comply with legal process; enforce these Terms; respond
to claims that any Content violates the rights of
third-parties; respond to claims that contact
information (e.g. phone number, street address) of a
third-party has been posted or transmitted without their
consent or as a form of harrassment; protect the rights,
property, or personal safety of DealerShipRatings.com,
its users or the general public.
5. Conduct
You agree not to post, email, or otherwise make
available Content:
* that is unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, invasive of another's
privacy, or is harmful to minors in any way;
* that is pornographic or depicts a human being engaged
in actual sexual conduct including but not limited to (i)
sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether
between persons of the same or opposite sex, or (ii)
bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the
genitals or pubic area of any person;
* that harasses, degrades, intimidates or is hateful
toward an individual or group of individuals on the
basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
* that impersonates any person or entity, including, but
not limited to, a DealerShipRatings.com employee, or
falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does
not apply to messages that are lawful non-deceptive
parodies of public figures.);
* that includes personal or identifying information
about another person without that person's explicit
consent;
* that is false, deceptive, misleading, deceitful,
misinformative, or constitutes "bait and switch";
* that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party, or
Content that you do not have a right to make available
under any law or under contractual or fiduciary
relationships;
* that constitutes or contains "affiliate marketing,"
"link referral code," "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited commercial
advertisement;
* that constitutes or contains any form of advertising
or solicitation if (1) posted in areas of the
DealerShipRatings.com sites which are not designated for
such purposes; or (2) emailed to DealerShipRatings.com
users who have requested not to be contacted about other
services, products or commercial interests.
* that includes links to commercial services or web
sites, except as allowed in "services";
* that advertises any illegal services or the sale of
any items the sale of which is prohibited or restricted
by applicable law, including without limitation items
the sale of which is prohibited or regulated by
California law - a partial list of items that may be
prohibited or restricted in the state of California is
provided for your convenience;
* that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or
hardware or telecommunications equipment;
* that disrupts the normal flow of dialogue with an
excessive number of messages (flooding attack) to the
Service, or that otherwise negatively affects other
users' ability to use the Service; or
* that employs misleading email addresses, or fed
headers or otherwise manipulated identifiers in order to
disguise the origin of Content transmitted through the
Service.
Additionally, you agree not to:
* contact anyone who writes a review;
* "stalk" or otherwise harrass anyone;
* collect personal data about other users for commercial
or unlawful purposes;
* use automated means, including spiders, robots,
crawlers, data mining tools, or the like to download
data from the Service - unless expressly permitted by
DealerShipRatings.com;
* post non-local or otherwise irrelevant Content,
repeatedly post the same or similar Content or otherwise
impose an unreasonable or disproportionately large load
on our infrastructure;
* post the same item or service in more than one
classified category or forum, or in more than one
metropolitan area; or
* attempt to gain unauthorized access to
DealerShipRatings.com's computer systems or engage in
any activity that disrupts, diminishes the quality of,
interferes with the performance of, or impairs the
functionality of, the Service or the
DealerShipRatings.com website.
6. No Spam Policy
You understand and agree that sending unsolicited email
advertisements to DealerShipRatings.com email addresses
or through DealerShipRatings.com computer systems, which
is expressly prohibited by these Terms, will use or
cause to be used servers located in California. Any
unauthorized use of DealerShipRatings.com computer
systems is a violation of these Terms Such violations
may subject the sender and his or her agents to civil
and criminal penalties.
7. Limitations on service
You acknowledge that DealerShipRatings.com may establish
limits concerning use of the Service, including the
maximum number of days that Content will be retained by
the Service, the maximum number and size of postings,
email messages, or other Content that may be transmitted
or stored by the Service, and the frequency with which
you may access the Service. You agree that
DealerShipRatings.com has no responsibility or liability
for the deletion or failure to store any Content
maintained or transmitted by the Service. You
acknowledge that DealerShipRatings.com reserves the
right at any time to modify or discontinue the Service
(or any part thereof) with or without notice, and that
DealerShipRatings.com shall not be liable to you or to
any third party for any modification, suspension or
discontinuance of the Service.
8. Access to the Service
DealerShipRatings.com grants you a limited, revocable,
nonexclusive license to access the Service for your own
personal use of the Service, and not to download (other
than page caching) or modify it, or any portion of it,
or any Content made available via the Service (except
for your own Content), without the express written
consent of DealerShipRatings.com. This license does not
include any collection, aggregation, copying,
duplication, display or derivative use of the Service
nor any use of data mining, robots, spiders, or similar
data gathering and extraction tools for any purpose
unless expressly permitted by DealerShipRatings.com. A
limited exception is provided to general purpose
internet search engines and non-commercial public
archives that use such tools to gather information for
the sole purpose of displaying hyperlinks to the
Service, provided they each do so from a stable IP
address or range of IP addresses using an easily
identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not
include a website or search engine or other service that
specializes in classified listings or in any subset of
classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of
providing classified ad listing services.
DealerShipRatings.com permits you to display on your
website, or create a hyperlink on your website to,
individual postings on the Service so long as such use
is for noncommercial and/or news reporting purposes only
(e.g., for use in personal web blogs or personal online
media). If the total number of such postings displayed
or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation
of these Terms, absent express permission granted by
DealerShipRatings.com to do so. You may also create a
hyperlink to the home page of DealerShipRatings.com
sites so long as the link does not portray
DealerShipRatings.com, its employees, or its affiliates
in a false, misleading, derogatory, or otherwise
offensive matter.
DealerShipRatings.com offers various parts of the
Service in RSS format so that users can embed individual
feeds into a personal website or blog, or view postings
through third party software news aggregators.
DealerShipRatings.com permits you to display, excerpt
from, and link to the RSS feeds on your personal website
or personal web blog, provided that (a) your use of the
RSS feed is for personal, non-commercial purposes only,
(b) each title is correctly linked back to the original
post on the Service and redirects the user to the post
when the user clicks on it, (c) you provide, adjacent to
the RSS feed, proper attribution to
'DealerShipRatings.com' as the source, (d) your use or
display does not suggest that DealerShipRatings.com
promotes or endorses any third party causes, ideas, web
sites, products or services, (e) you do not redistribute
the RSS feed, and (f) your use does not overburden
DealerShipRatings.com's systems. DealerShipRatings.com
reserves all rights in the content of the RSS feeds and
may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access
granted to you by DealerShipRatings.com immediately
terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make
derivative use of the the Service or any Content made
available via the Service for other purposes (including
commercial purposes) not stated herein, you must first
obtain a license from DealerShipRatings.com.
9. Termination of service
You agree that DealerShipRatings.com, in its sole
discretion, has the right (but not the obligation) to
delete or deactivate your account, block your email or
IP address, or otherwise terminate your access to or use
of the Service (or any part thereof), immediately and
without notice, and remove and discard any Content
within the Service, for any reason, including, without
limitation, if DealerShipRatings.com believes that you
have acted inconsistently with the letter or spirit of
the Terms. Further, you agree that DealerShipRatings.com
shall not be liable to you or any third-party for any
termination of your access to the Service. Further, you
agree not to attempt to use the Service after said
termination. Sections 2, 4, 6 and 10-16 shall survive
termination of these Terms.
10. Dealings with anizations and individuals
Your interactions with anizations and/or individuals
found on or through the Service, including payment and
delivery of goods or services, and any other terms,
conditions, warranties or representations associated
with such dealings, are solely between you and such
anizations and/or individuals. You agree that
DealerShipRatings.com shall not be responsible or liable
for any loss or damage of any sort incurred as the
result of any such dealings. If there is a dispute
between participants on this site, or between users and
any third party, you understand and agree that
DealerShipRatings.com is under no obligation to become
involved. In the event that you have a dispute with one
or more other users, you hereby release
DealerShipRatings.com, its officers, employees, agents
and successors in rights from claims, demands and
damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way
related to such disputes and / or our service. If you
are a California resident, you waive California Civil
Code Section 1542, which says: "A general release does
not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing
the release, which, if known by him must have materially
affected his settlement with the debtor."
11. Proprietary rights
The Service is protected to the maximum extent permitted
by copyright laws and international treaties. Content
displayed on or through the Service is protected by
copyright as a collective work and/or compilation,
pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of
derivative works from or redistribution of the site or
the collective work, and/or copying or reproducing the
sites or any portion thereof to any other server or
location for further reproduction or redistribution is
prohibited without the express written consent of
DealerShipRatings.com. You further agree not to
reproduce, duplicate or copy Content from the Service
without the express written consent of
DealerShipRatings.com, and agree to abide by any and all
copyright notices displayed on the Service. You may not
decompile or disassemble, reverse engineer or otherwise
attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not
to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any aspect of the Service.
DealerShipRatings.com is a registered mark in the U.S.
Patent and Trademark Office.
Although DealerShipRatings.com does not claim ownership
of content that its users post, by posting Content to
any public area of the Service, you automatically grant,
and you represent and warrant that you have the right to
grant, to DealerShipRatings.com an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license
to use, copy, perform, display, and distribute said
Content and to prepare derivative works of, or
incorporate into other works, said Content, and to grant
and authorize sublicenses (through multiple tiers) of
the foregoing. Furthermore, by posting Content to any
public area of the Service, you automatically grant
DealerShipRatings.com all rights necessary to prohibit
any subsequent aggregation, display, copying,
duplication, reproduction, or exploitation of the
Content on the Service by any party for any purpose.
12. Disclaimer of Warranties
YOU AGREE THAT USE OF THE DealerShipRatings.com SITE AND
THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE
DealerShipRatings.com SITE AND THE SERVICE ARE PROVIDED
ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
DealerShipRatings.com DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE DealerShipRatings.com SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW,
DealerShipRatings.com DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
DealerShipRatings.com SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE DealerShipRatings.com
SITE. TO THE FULLEST EXTENT PERMITTED BY LAW,
DealerShipRatings.com DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH
THE DealerShipRatings.com SITE OR THE SERVICE. Some
jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, some of the foregoing
disclaimers may not apply to you insofar as they relate
to implied warranties.
13. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL DealerShipRatings.com BE
LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
DealerShipRatings.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT
OF YOUR USE OF THE DealerShipRatings.com SITE OR THE
SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF
THE DealerShipRatings.com SITE OR THE SERVICE, FROM
INABILITY TO USE THE DealerShipRatings.com SITE OR THE
SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE DealerShipRatings.com
SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY
WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE DealerShipRatings.com SITE OR THE
SERVICE OR ANY LINKS ON THE DealerShipRatings.com SITE,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
DealerShipRatings.com SITE OR THE SERVICE OR ANY LINKS
ON THE DealerShipRatings.com SITE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In
some jurisdiction, limitations of liability are not
permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.
14. Indemnity
You agree to indemnify and hold DealerShipRatings.com,
its officers, subsidiaries, affiliates, successors,
assigns, directors, officers, agents, service providers,
suppliers and employees, harmless from any claim or
demand, including reasonable attorney fees and court
costs, made by any third party due to or arising out of
Content you submit, post or make available through the
Service, your use of the Service, your violation of the
Terms, your breach of any of the representations and
warranties herein, or your violation of any rights of
another.
15. General information
The Terms constitute the entire agreement between you
and DealerShipRatings.com and govern your use of the
Service, superceding any prior agreements between you
and DealerShipRatings.com.
16. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging
the posting(s) for review, or by emailing to
abuse@DealerShipRatings.com.. Our failure to act with
respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar
breaches.
You understand and agree that, because damages are often
difficult to quantify, if it becomes necessary for
DealerShipRatings.com to pursue legal action to enforce
these Terms, you will be liable to pay
DealerShipRatings.com the following amounts as
liquidated damages, which you accept as reasonable
estimates of DealerShipRatings.coms' damages for the
specified breaches of these Terms:
a. If you post a message that (1) impersonates any
person or entity; (2) falsely states or otherwise
misrepresents your affiliation with a person or entity;
or (3) that includes personal or identifying information
about another person without that person's explicit
consent, you agree to pay DealerShipRatings.com one
thousand dollars ($1,000) for each such message. This
provision does not apply to messages that are lawful
non-deceptive parodies of public figures.
b. If DealerShipRatings.com establishes limits on the
frequency with which you may access the Service, or
terminates your access to or use of the Service, you
agree to pay DealerShipRatings.com one hundred dollars
($100) for each message posted in excess of such limits
or for each day on which you access
DealerShipRatings.com in excess of such limits,
whichever is higher.
c. If you send unsolicited email advertisements to
DealerShipRatings.com email addresses or through
DealerShipRatings.com computer systems, you agree to pay
DealerShipRatings.com twenty five dollars ($25) for each
such email.
d. If you post messages in violation of these Terms of
Use, other than as described above, you agree to pay
DealerShipRatings.com one hundred dollars ($100) for
each such message. In its sole discretion,
DealerShipRatings.com may elect to issue a warning
before assessing damages.
e. If you aggregate, display, copy, duplicate,
reproduce, or otherwise exploit for any purpose any
Content (except for your own Content) in violation of
these Terms without DealerShipRatings.com's express
written permission, you agree to pay
DealerShipRatings.com three thousand dollars ($3,000)
for each day on which you engage in such conduct.
Otherwise, you agree to pay DealerShipRatings.com's
actual damages, to the extent such actual damages can be
reasonably calculated. Notwithstanding any other
provision of these Terms, DealerShipRatings.com retains
the right to seek the remedy of specific performance of
any term contained in these Terms, or a preliminary or
permanent injunction against the breach of any such term
or in aid of the exercise of any power granted in these
Terms, or any combination thereof.
16. Feedback
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