As used herein, the term “Site” includes Dealertrack mobile applications.
You acknowledge and agree that Dealertrack and/or its affiliates and/or its licensors own all worldwide right, title and interest in and to the Site and any applications, services, text, graphics, multimedia content, or other information, data, content or material available on or through the Site and pages within that domain, and all related code provided through the Site, any modifications, updates, upgrades, copies, derivative works, augmentations or customizations of the foregoing (collectively, “Materials”), including all worldwide intellectual property rights to the same, including without limitation, all United States, Canadian and worldwide patents, patent applications, inventions, copyrights, works, trade-marks, trade names, service marks, trade secrets, rights of publicity and other proprietary rights., and all registrations and applications for any of the foregoing. All rights not expressly granted to you herein are expressly reserved to Dealertrack and its affiliates and licensors.
You may submit feedback, suggestions or comments (“Feedback”) to Dealertrack in respect of the Site or Materials. Dealertrack may, in its sole discretion, decide to incorporate some or all of this Feedback into the Site. You hereby assign and agree to assign to Dealertrack any and all right, title and interest that you may acquire in or to the Site or Materials, whether resulting from use of Feedback or incorporation of Feedback into the Site or Materials or otherwise, and you hereby waive and agree to waive any and all moral rights in any such Feedback or the Site or Materials. You will execute such documents as may be deemed reasonably necessary to effect such assignments and waivers. You grant Dealertrack a worldwide, perpetual, nonexclusive, sublicensable, royalty-free license to use, reproduce, distribute, transmit, disclose, display, modify and create derivative works of any Feedback or other content, data, information or other materials you submit and/or receive through the Site; provided, that, Dealertrack will do so in accordance with applicable law and/or the applicable agreement between the party that authorized you to use the Site and Dealertrack, if applicable.
“Dealertrack” and the Dealertrack logos as well as other related trademarks and other marks which may appear on the Site (“Marks”), are the service marks and trademarks of Dealertrack and/or its affiliates. All other trademarks, trade names, service marks and logos used on this Site, with or without attribution, are the trademarks, trade names, service marks or logos of their respective owners.
THIRD PARTY CONTENT; THIRD PARTY SITES
Dealertrack is a distributor and not a publisher of information supplied to the Site by you, other users or third parties. Any User Data, including (but not limited to) credit information, opinions, advice, statements, services, contracts, offers, or other information that is part of the User Data or Materials input, stored or transmitted on or through this Site that is provided or made available by third parties, including Financing Sources, aftermarket product companies, credit bureaus, credit reporting agencies and/or Customers or any other user of the Site, are those of the respective authors or distributors and not of Dealertrack. DEALERTRACK ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS OR APPROVALS WITH REGARD TO SUCH USER DATA. It is your responsibility to evaluate and confirm the information, opinions, advice or other User Data or Material available through the Site, whether posted or provided by third parties or by Dealertrack.
The Site may contain hyperlinks to other web sites that are not operated by Dealertrack. Dealertrack does not control these web sites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such sites or as implying an association between Dealertrack and their operators. Such hyperlinks are provided for your reference only.
USER REPRESENTATIONS, WARRANTIES AND COVENANTS
You acknowledge that there are certain security, corruption, transmission error and access availability risks with using open networks such as the Internet and you expressly assume such risks.
THE SITE, MATERIALS, USER DATA AND OTHER INFORMATION OR FUNCTIONALITY CONTAINED WITHIN OR MADE AVAILABLE THROUGH THE SITE IS PROVIDED BY DEALERTRACK ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, LEGAL OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED OR LEGAL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR PERFORMANCE. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE HEREBY DISCLAIMED BY DEALERTRACK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DEALERTRACK DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS THAT (I) THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE (II) THE SITE MEETS YOUR REQUIREMENTS OR THOSE OF THE CUSTOMER, FINANCING SOURCE OR OTHER BUSINESS YOU REPRESENT, (III) DEFECTS IN OR ON THE SITE OR MATERIALS WILL BE CORRECTED, (IV) THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE SITE, MATERIALS, USER DATA OR OTHER INFORMATION OR FUNCTIONALITY PROVIDED THROUGH THE SITE ARE CORRECT, ACCURATE, RELIABLE, COMPLETE OR COMPLY WITH ANY APPLICABLE LEGAL REQUIREMENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, MATERIALS AND USER DATA. WITHOUT LIMITING ANY OTHER PROVISION OF THESE, UNDER NO CIRCUMSTANCES WILL DEALERTRACK BE LIABLE IN ANY WAY FOR ANY MATERIALS OR USER DATA, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR USER DATA, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS, INFORMATION OR RESULTS POSTED, EMAILED OR OTHERWISE RECEIVED OR TRANSMITTED VIA THE SITE.
NO RENDERING OF LEGAL ADVICE
IN NO WAY DOES ANY MATERIAL PROVIDED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION, ANY CONTRACTS, CONSENTS, DISCLAIMERS AND MENUS) CONSTITUTE LEGAL ADVICE. DEALERTRACK IS NOT ENGAGED IN THE PRACTICE OF LAW OR IN PROVIDING LEGAL SERVICES. ACCESS TO, TRANSMISSION OR RECEIPT OF OR RELIANCE UPON CONTRACTS, CONSENTS OR OTHER MATERIALS, DATA, CONTENT OR INFORMATION FROM THE SITE DOES NOT CREATE AND IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU OR ANY OTHER PERSON AND DEALERTRACK. AS LEGAL ADVICE MUST BE TAILORED TO THE SPECIFIC CIRCUMSTANCES OF EACH CASE, AND LAWS ARE CONSTANTLY CHANGING, NOTHING PROVIDED HEREIN SHOULD BE USED AS A SUBSTITUTE FOR THE ADVICE OF COMPETENT COUNSEL LICENSED IN THE APPLICABLE JURISDICTION WITH REFERENCE TO THE PARTICULAR CIRCUMSTANCES.
LIMITATION OF LIABILITY
CONFIDENTIAL INFORMATION; PERSONAL AND CREDIT INFORMATION
You will comply with all privacy, data protection and consumer or credit reporting laws, rules and regulations which are or which may in the future be applicable to your use of the Site or any applications, data or information provided on or through the Site. Without limiting the generality of the foregoing sentence, you will not collect, use or disclose any information about identifiable individuals (including, without limitation, credit or other customer information) obtained or accessed through the Site or obtained from the individual for use in connection with the Site: (i) other than in accordance with the Consent, if applicable, or otherwise with the consent of the individual to whom such information relates in the manner required by applicable Canadian privacy and data protection laws and consumer or credit reporting laws or as otherwise permitted or required by law, and (ii) in any event in a manner that violates applicable Canadian privacy, data protection, credit or consumer reporting laws.
You will use appropriate safeguards to protect any credit, customer or other Personal Information to which you obtain or have access though the Site against loss, theft, and unauthorized access, disclosure, copying, use, or modification.
You agree not to use any functions on the Site which you are not authorized to use. Without limiting the generality of the foregoing, you agree not to use the Site to obtain credit bureau reports in any manner that would violate applicable federal, provincial or local laws. You agree to access and/or enter information on the Site with respect to the entity by which you are employed only, and not to access any other entity’s information.
MODIFICATION, SUSPENSION OR TERMINATION OF THE SITE
Dealertrack may suspend, modify, delete or discontinue the Site or Materials or any part of either, including the applications, functionality, information, materials, products, services or content available through the Site or modify the manner in which any of the foregoing are provided, at any time and without notice or liability to you. Dealertrack may suspend your access to the site at any time and without notice or liability to you and for any reason. Not all Materials are available in all geographic areas. Dealertrack may, from time to time, introduce new applications, functionality or Materials to the Site or modify or delete existing applications, functionality, services or Materials. By using new applications, functionality, services, or Materials you agree to be bound by the rules concerning them.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
This Site is controlled and operated by Dealertrack from its offices within the Province of Ontario, Canada. Dealertrack makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site will not be construed as the purposeful availment of the benefits or privilege of doing business in any state or province other than the Province of Ontario Canada by Dealertrack.
GOVERNING LAW AND JURISDICTION