TERMS OF USE

 

Welcome to www.DealerWholesale.com, a website owned and operated by Dealer Wholesale LLC, through which we provide a number of online resources, including advertising, classified listings, and links to various third party sites. The following agreement governs your use of our website. Please read it carefully, as it constitutes a legally enforceable agreement between you and Dealer Wholesale LLC.

 

 

 

I. Introduction and General Terms

 

A. This Terms of Use Agreement (hereinafter “Agreement”) is a binding legal contract that applies to everyone who visits this website (“Site”), uses any of the services that are provided or made available through the Site (“Services”), or posts or otherwise contributes Content to the Site, as further described below. Your use of the Site and Services is subject to both your right and your ability to enter into a binding legal agreement with us. By accessing the Site or using any Services or contributing any Content, you are agreeing to be bound by the terms of this Agreement. If you cannot or do not agree to these terms, you may not use the Site or Services.

 

B. Dealer Wholesale LLC reserves the right to update and/or modify this Agreement, as well as the Site and Services, at any time. Each such update or modification shall be effective immediately. You may review the most current version of this Agreement at https://www.dealerwholesale.com/help/termsofservice. You should refer to this Agreement and visit the Site on a regular basis to ensure that you are aware of any modifications to the terms of this Agreement, or to the Site or Services. Your continued access to and/or use of the Site or Services after an update or modification, whether of the terms of this Agreement or of the Site or Services, signifies your acceptance thereof.

 

II. Registration

 

A. As consideration of your access to and use of the Site and Services, you represent that you are of legal age to form a binding, legally-enforceable contract and are not barred from using the Site or Services under any applicable law. If you choose to register as a user, you agree that you are a licensed motor vehicle dealer and agree to not provide any false personal information with regard to your business, yourself, or any Site user or administrator with access to your account. 

 

B. If you provide any information that is inaccurate, false, or incomplete, or if Dealer Wholesale LLC has reasonable grounds to suspect such information is inaccurate, false, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Site or Services. We likewise reserve the right to remove or reclaim any username selected by you in the registration process if, in our sole discretion, we believe it appropriate, including but not limited to instances in which a trademark owner complains about the use of a username on the grounds that the username is confusingly similar to the trademark owner’s mark and/or where a username is the name of another person.

 

III. Content

 

A. As used in this Agreement, the term “Content” includes, but is not limited to, text, software, graphics, photos, music, video, audiovisual works, or any combination thereof. You are responsible for your use of the Site and Services and for any Content that you post or display on the Site or through use of the Services, including any and all consequences thereof. The Content you submit or post will be viewable to other users. You should submit or post only Content that you are comfortable sharing with and being viewed others.

 

B. You retain your rights in any Content submitted or posted on the Site or through use of the Services. However, by submitting, posting or displaying Content on the Site or through use of the Services, you grant to Dealer Wholesale LLC a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, adapt, modify, publish, transmit, display and distribute such Content in any and all media, data, or distribution methods now known or later developed. You understand and acknowledge that any additional uses of the Content that you submit, post, transmit or otherwise make available on the Site or through use of the Services made by Dealer Wholesale LLC or its licensees shall be without compensation paid to you.

 

C. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may or may not monitor or control or screen Content posted and do not take responsibility for such Content. Any use of or reliance upon any Content posted on the Site or through use of the Services is at your own risk. Dealer Wholesale LLC does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content, item or communication posted on the Site or through use of the Services, nor does it endorse any opinions that may be expressed. In addition, by using the Site and Services, you may be exposed to Content that you may consider offensive, harmful, inaccurate, mislabeled or mischaracterized, or deceptive. Dealer Wholesale LLC shall not be responsible under any circumstances for any Content, errors or omissions in any Content, or losses or damages of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or through use of the Services.

 

D. In addition, the Site may contain hyperlinks to other websites over which Dealer Wholesale LLC has control or no control. You understand and agree that we are not responsible for the availability of any other sites or resources, and that we do not endorse any goods or services that may be available from such web sites or resources. You further understand and agree that we are not and shall not be liable for any loss or damage which you may incur as a result of the availability of any third-party website or as a result of your reliance on the completeness, accuracy or existence of any goods or services that are advertised on, or available from, such web sites or resources.

 

IV. Advertising Terms and Conditions

 

A. The following terms apply to all advertising placed with us for display on the Site.

 

B. We reserve the right to delete any ad which does not otherwise comply with our policies and these Terms. All persons placing ads are subject to the laws, rules, and regulations of Federal, state, and local authorities and are responsible for ensuring that all advertisements comply with all of these laws, rules, and regulations.

 

C. Dealer Wholesale LLC cannot advise any advertiser regarding the legality of a particular advertisement in any particular jurisdiction – for legal advice, advertisers should seek legal advice from an attorney. Any links provided herein to, for instance, authorities concerning fair housing and equal employment opportunities are provided solely for convenience and do not represent a complete and comprehensive resource concerning all federal, state, and local laws, rules, and regulations that may apply to a particular advertisement or advertiser.

 

D. Advertisement Promotions or paid services offered by Dealer Wholesale LLC make no guarantee and are non-refundable.

 

E. All advertising sales are final and no refunds of amounts paid for advertising will be made under any circumstances.

 

F. Dealer Wholesale LLC is not responsible for any errors made in advertising placed by you or by another party. If there is an error in any advertisement placed online, it is the responsibility of advertiser to notify us to remove or otherwise modify the advertisement. Notwithstanding the above, for material errors caused solely by Dealer Wholesale LLC or its representatives, advertisers will receive a credit toward the purchase of future advertising equal to the value of the advertisement for the time during which the material error existed, up to a maximum of one week. All such credit applied to future advertising only.

 

V. Conduct

 

A. Dealer Wholesale LLC expects all users of the Site and Services to respect the rights of others, whether they are users of the Site or third parties, and to conduct themselves in a way that does not interfere with the proper functioning and enjoyment of the Site. To that end, you may not do any of the following while accessing or using the Site or the Services: (a) upload, post, transmit or otherwise make available any Content that violates the law or the legal rights of third parties or that is threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of privacy, hateful, or racially or ethnically objectionable; (b) tamper with, or use non-public areas of the Site, Dealer Wholesale LLC’s computer systems, or its technical delivery systems; (c) bypass any measures utilized by Dealer Wholesale LLC to prevent or restrict access to the Site or the Services; (d) probe, scan, or test the vulnerability of any system or network; (e) interfere with or disrupt the access of any user, host or network, including, without limitation, by taking or attempting any action that would disable, overburden, or impair the proper working of the Site or impede the provision of the Services; (f) upload viruses, bugs, Trojan horses, or any other malicious code, or utilize or employ any software, devices or devices for the purpose of “web scraping” and/or extracting data from the Site for conversion to another format or use on other websites; (g) impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; or (h) upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or contract or other legal relationship.

 

B. In addition to all of the above, and as further described hereof, you agree that you shall not take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on the Site or through use of the Services that infringes upon any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty.

 

VI. Termination

 

A. Dealer Wholesale LLC may, in its sole discretion, terminate your access to all or any part of the Site or Services, without cause and without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your prior use thereof. You understand and agree that any termination or suspension of service or access to your account (or any part thereof) shall be in Dealer Wholesale LLC’s sole discretion and that Dealer Wholesale LLC shall not be liable to you or any third party for such termination or suspension.

 

B. If you wish to terminate your account with Dealer Wholesale LLC, you may do so by following the instructions provided on the Site. Any fees, if any, paid in connection with your use of the Site or Services are non-refundable.

 

VII. Privacy

 

Dealer Wholesale LLC provides every user with options to protect his or her privacy. However, responsibility for using those privacy functions is up to each user. Users of the Site and Services should review and be familiar with Dealer Wholesale LLC’s Privacy Policy. By using the Site or Services, you consent to the collection and use of information as described in that Privacy Policy.

 

VIII. Intellectual Property Rights

 

A. The Dealer Wholesale LLC™ trademarks, service marks, and other logos, products and service names are trademarks of Dealer Wholesale LLC. Except as otherwise permitted by law, you agree not to display or use the Dealer Wholesale LLC Trademarks without our prior written consent. In addition, you acknowledge and agree that content contained in advertisements or information presented to you through the Site or Services may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws that are the property of third parties. You agree that you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Services, or any Content posted or made available to you thereon, without the express written consent of Dealer Wholesale LLC or, as applicable, the advertisers or other third-party owners thereof.

 

B. Dealer Wholesale LLC respects the intellectual property of others and requires that the users of the Site and Services do the same. You agree that Dealer Wholesale LLC may, in our sole discretion, remove or prevent access to material that infringes on the intellectual property rights of others and terminate access to the Site of users who infringe upon such rights. We will respond to all notices of alleged copyright infringement that comply with applicable law and that are properly and timely provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide the information to Dealer Wholesale LLC at the address provided below: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

IX. Warranty Disclaimer

 

A. You expressly agree and understand that your access to and use of the Site, Services or any Content posted or displayed through use of same is at your own risk. You further agree and understand that the Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, and to the full extent permitted by applicable law, DEALER WHOLESALE LLC AND ITS PARTNERS, AFFILIATES COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Dealer Wholesale LLC makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Site, Services and Content, or of any other sites linked to the Site. You understand and acknowledge that Dealer Wholesale LLC shall not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Services, or Content, and that shall have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications. Dealer Wholesale LLC makes no warranty whatsoever that the Site or Services will meet the requirements of any user or be available on an uninterrupted, secure, or error-free basis.

 

B. In addition, Dealer Wholesale LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or use of the Services, or for any other services that are hyperlinked or featured in any advertising. Dealer Wholesale LLC will not be a party to nor otherwise responsible for monitoring or otherwise taking party in any transaction between you and any third-party provider of goods or services that is facilitated, in whole or part, through use of the Site or Services.

 

X. Indemnity

 

You agree to defend, indemnify, and hold harmless Dealer Wholesale LLC, its partners or affiliates, and each of their respective officers, directors, employees, agents and representatives from and against all losses, claims, causes of action, damages, costs and expenses (including reasonable legal costs), or any other liabilities arising from or relating in any way to (a) your use or misuse of, or access to, the Site or Services; (b) any Content that you submit, post, transmit, modify or otherwise make available through the Site or Services; (c) any violation of this Agreement; or (d) any infringement by you or any third party using the your account of any intellectual property or other right of any third person or entity, except to the extent that a court of competent jurisdiction holds that such indemnity obligation arose due solely to some act or omission of Dealer Wholesale LLC. Dealer Wholesale LLC shall have the right, but not the obligation, to assume the exclusive defense and control of any matter subject to the indemnification obligations by you set forth herein, in which event you agree to cooperate with Dealer Wholesale LLC and its counsel in asserting any available defenses.

 

XI. Limitation of Liability

 

YOU EXPRESSLY AGREE AND UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEALER WHOLESALE LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES (EVEN IF LSN HAS BEEN ADVISED OF SUCH), RESULTING FROM (A) ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SITE OR SERVICES; AND (D) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF ANY CONTENT OR OF THE SITE OR SEVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF A REMEDY DESCRIBED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

 

XII. Exclusions and Limitations

 

Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations set forth herein may not apply to you.

 

XIII. International Users

 

If you access this Site and/or make use of any Content from a location outside of the United States of America, you are responsible for compliance with all laws applicable in your jurisdiction, as well as the export laws and regulations of the United States. While Dealer Wholesale LLC may, in its discretion and for the convenience of users, translate this Agreement into other languages, the English version thereof shall govern your relationship with us. To the extent there are any inconsistencies between the English language version of this Agreement and any translation, the English language version shall control.

 

XIV. General Conditions

 

A. This Agreement constitutes the entire legal agreement between you and Dealer Wholesale LLC, and supersedes any prior version of this Agreement between you and Dealer Wholesale LLC.

 

B. Any failure on the part of Dealer Wholesale LLC to exercise or enforce any right or remedy contained in this Agreement or under applicable law shall not constitute a formal waiver of Dealer Wholesale’s rights.

 

C. All provisions of this Agreement which, by their nature or purpose, should survive termination shall survive termination. These include, without limitation, any provisions concerning the ownership and use of intellectual property, disclaimer of warranties, indemnity, and limitations of liability.

 

D. This Agreement, your relationship with Dealer Wholesale LLC, and your use of the Site and Services shall be governed by the laws of the State of Tennessee without regard to the conflict of laws provisions thereof and without regard to the location from which you access the Site. You agree that any dispute, claim, cause of action or any other legal matter arising out of this Agreement or from your use of the Site or Services shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction located in Putnam County, Tennessee and you irrevocably waive any objection you may otherwise have to the personal jurisdiction of such courts over you. In addition, you agree that Dealer Wholesale LLC may seek injunctive relief in any jurisdiction as is necessary to preserve its rights in an urgent matter. You further agree that you shall pay Dealer Wholesale LLC for your breach, or for inducing any other person or entity to breach, Sections V and VIII of this Agreement, as a reasonable estimate of Dealer Wholesale LLC’s actual damages and not as a penalty, given the difficulty of calculating actual damages, amounts calculated as follows: $0.10 per server request, $1.00 per post, email, flag, or account created; $1.00 per item of personal information collected; and $1000 per software distribution, up to a limit of $25,000 per day.

 

E. If any court having jurisdiction rules that any provision of this Agreement is invalid or otherwise unenforceable, you nevertheless agree with Dealer Wholesale LLC that the court should give effect to the intentions set forth in that provision and that all other provisions of this Agreement shall remain valid and enforceable.

 

F. This Agreement shall be binding and enforceable on Dealer Wholesale LLC and any parent, subsidiary, affiliated company, successor or assign, and upon you individually. You agree that your account and your right use of the Site and Services are non-transferrable and terminate upon your death. Except as otherwise provided herein, there shall be no third party beneficiaries to this Agreement.

 

G. You agree that, irrespective of any law to the contrary, any claim or cause of action arising out of your use of the Site or Services, or in any manner related to the Content, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

XV. Violations

 

You agree to report any violations of this Terms of Use Agreement of which you become aware to Dealer Wholesale LLC by using the flagging tool, or opening a ticket.

 

LAST UPDATED: September 30, 2024

 

 

 

ADVERTISING GUIDELINES AND POLICIES

 

The following constitute Dealer Wholesale LLC’s Advertising Guidelines and Policies (“Guidelines”) concerning the placement of classified advertisement with us on www.dealerwholesale.com and Dealer Wholesale LLC’s advertising network (“Site”).  Dealer Wholesale LLC reserves the right, in its sole discretion, to reject outright or to request a modification of any advertising in order to conform to these Guidelines and/or to insure compliance with Dealer Wholesale LLC’s Terms of Use. You should review our Terms Of Service before attempting to place any advertising with us.

 

General Classified Advertising Policies and Restrictions

 

Your account type determines the number of different classified advertisements (“Ads”) you may place and/or have with us at one time. Ads that are duplicates of and/or that are substantially similar to an Ad already placed on the Site (i.e., Ads for the same product or service) are not permitted and may be removed by us, with or without notice to you. In order to re-list any goods or services that are already referred to in an existing Ad, you must cancel the existing Ad first. Dealer Wholesale LLC reserves the right to delete or revise or edit any Ads or other content on the site that does not comply with these Guidelines or our Terms of Use, or that otherwise negatively impacts Dealer Wholesale LLC, the Site, the community, or any third party.

 

 

 

 

 

Prohibited Activities

 

The following activities are not permitted without the express prior written consent of Dealer Wholesale LLC:

 

• Placing an Ad if you are not located in the United States, or for goods and services that are not located in the United States.

 

• Placing an Ad for any goods or services that are illegal to own, buy, sell or offer in your area.

 

• Placing an Ad for any goods or services that are on our list of prohibited content and/or prohibited goods and services as further described below.

 

• Placing an Ad that has as its purpose, in whole or part, referring or diverting traffic or users to another website. You may, however, include a link in your Ad if its sole purpose is to provide the user more information about the goods or services being offered (i.e., photos, additional details about the vehicle, etc.). Links to other websites where online transactions are permitted or can occur are not permitted on the Site.

 

• Placing an Ad that (a) is defamatory, (b) discriminatory, (c) contains hateful, hurtful, offensive, profane, obscene, or pornographic content, or (d) contains nudity or content that is otherwise adult in nature.

 

• Except in connection with Ad itself, soliciting information for the purpose of sending unsolicited emails or other communications.

 

• Infringing the rights of third parties, including any intellectual property rights (whether copyright, trademark, trade secret or patent rights), and/or offering counterfeit items for sale.

 

• Soliciting or encouraging others to violate the law in any jurisdiction.

 

• Misleading others by false statements or misrepresenting the nature or quality or ownership of any goods or services.