The use of dealersmatrix.com (along with all subdomains, collectively, hereafter the “Website”), which is owned and maintained by Dealers Matrix LLC (“Dealers Matrix,” “Dealers Matrix,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or subscribing over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms in their entirety, you are not authorized to use the Website.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 11.
Dealers Matrix reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://www.dealersmatrix.com/terms-of-use/. Use of the
Website after such changes constitutes acceptance of such changes.
To sign up as a paying Dealers Matrix client, you will be required to agree to additional contractual terms.
Table Of Contents:
- Website Use
- Website User Conduct and Restrictions
- Prohibited Use of the Site
- Information You Provide; Registration; Usernames and Passwords
- DISCLAIMER – YOUR BUSINESS’ INDIVIDUAL SUCCESS WILL VARY
- Your Responsibilities in Running Your Business
- Testimonials, Reviews, and Pictures/Videos
- DISCLAIMERS OF OTHER WARRANTIES
- LIMITATIONS OF LIABILITIES
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- Dealers Matrix’s Additional Remedies
- Notice and Takedown Procedures; Copyright Agent
- Third-Party Links
- No Waiver
- Governing Law and Venue
- LIMITATIONS OF LIABILITIES
- Electronic Signature
- Changes to the Agreement
- Entire Agreement
- Contacting Us
- No Waiver
- Governing Law and Venue
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, icons, video and audio clips, personal training sessions, marketing tips and strategies, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Dealers Matrix trademark and logo are proprietary marks of Dealers Matrix LLC, and the use of those marks is strictly prohibited unless otherwise provided for by these Terms. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Dealers Matrix. Subject to your continued strict compliance with all Terms, Dealers Matrix provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws. You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
SECTION 4 – PROHIBITED USE OF THE SITE
You agree not to use or attempt to use the Website in any unlawful manner or a manner harmful to Dealers Matrix. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website including, but not limited to, refraining from:
a. HARMFUL ACTS.
Any dishonest or unethical business practice; any violation of the law; infliction of harm to Dealers Matrix’s reputation; hacking and other digital or physical attacks on the Website; use any device, software or routine that interferes with the proper functioning of the Website or servers or networks connected to the Website, or take any other action that interferes with another’s use of the Website; use any “robot,” “spider” or other automatic or manual device or process for the purpose of compiling information on the Website for purposes other than for a generally available search engine, including but not limited to any actions which spam, phish, pretext, spider, or scrape the Website; otherwise collect or track the personal information of others; any violation of the rights of Dealers Matrix or any third party, including but not limited to use of any company name, service marks, or trademarks without prior written consent, including as metatags or hidden text.
b. “SPAMMING” AND UNSOLICITED COMMUNICATIONS.
We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Dealers Matrix’s reputation and to the rights of third parties.
c. OFFENSIVE COMMUNICATIONS.
Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
SECTION 5 – INFORMATION YOU PROVIDE; REGISTRATION; USERNAMES AND PASSWORDS
As a Dealers Matrix user, you may be required to create an account for your business with Dealers Matrix. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your business’s Dealers Matrix user account, and you agree not to transfer the password or user name, or lend or otherwise transfer your use of or access to your business’s user account, to any unauthorized third party. You are fully responsible for all transactions with, and information conveyed to, Dealers Matrix under your business’s user account. You agree to immediately notify Dealers Matrix of any unauthorized use of your password or user name or any other breach of security related to your business’s user account. You and your business agree that Dealers Matrix is not liable, and you will hold Dealers Matrix harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 13 below for additional information.
SECTION 6 – DISCLAIMER – YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY
Every business is different, employing different strategic approaches and organizational structures, and offering different services and products. Therefore, individual results will vary from user to user. YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR LOCATION, BUSINESS MODEL, STAFF AND FACILITY SIZE, AND SERVICE AND PRODUCT OFFERINGS.
Dealers Matrix does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Dealers Matrix will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our services or products will receive access to marketing and operational strategies and tools. However, we do not guarantee your business’s success and based upon many market factors that we cannot control, the tools and strategies we provide may or may not be applicable to your specific business. Further, we do not make claims that our tools, strategies, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our services or products if that is your expectation. Instead, you should purchase with the understanding that using the information and tools purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’s accountant, attorney, or financial advisor for advice on these topics.
SECTION 7 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. Dealers Matrix shall have no liability for your or your business’s violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business. Dealers Matrix shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify Dealers Matrix as set out in Section 13 below in the event that you and/or your business violates any law and a claim is threatened or asserted against Dealers Matrix as a result. You understand and agree that in running your business, transactions may be subject to sales tax, and that it is your sole and exclusive responsibility to collect and report such tax for sales to your customers.
SECTION 8 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Anything that you or your business submit or post to the Website and/or provide us, or post on any social media or other site about us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, biographies, your business’s name, comments, and suggestions is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. You and your business agree that this authorization and license may be assigned by Dealers Matrix to any other party. Additionally, Dealers Matrix reserves the right to correct grammatical and typing errors, to shorten submissions prior to publication or use, and to review all submissions prior to publication or use. Dealers Matrix shall be under no obligation to use any, or any part of, any submission.
SECTION 8 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Anything that you or your business submit or post to the Website and/or provide us, or post on any social media or other site about us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, biographies, your business’s name, comments, and suggestions is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. You and your business agree that this authorization and license may be assigned by Dealers Matrix to any other party.
Additionally, Dealers Matrix reserves the right to correct grammatical and typing errors, to shorten submissions prior to publication or use, and to review all submissions prior to publication or use. Dealers Matrix shall be under no obligation to use any, or any part of, any submission.
SECTION 9 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
YOU EXPRESSLY AGREE THAT YOUR AND YOUR BUSINESS’S USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR AND YOUR BUSINESS’S SOLE RISK. THE WEBSITE AND THE MATERIALS, INFORMATION, AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR OR YOUR BUSINESS’S USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AND YOUR BUSINESS AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE OR ANY SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU OR YOUR BUSINESS.
SECTION 10 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE SHALL DEALERS MATRIX, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR OR YOUR BUSINESS’S USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANY SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR OR YOUR BUSINESS’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT OR SERVICE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE, EVEN IF ADVISED OF THEIR POSSIBILITY. IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, DEALERS MATRIX IS FOUND LIABLE UNDER ANY THEORY, DEALERS MATRIX’S LIABILITY AND YOUR AND YOUR BUSINESS’S EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF (I) USD $1,000.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU OR YOUR BUSINESS PAID TO DEALERS MATRIX IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR OR YOUR BUSINESS’S ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER DEALERS MATRIX WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU OR YOUR BUSINESS.