Terms of Service
Terms and Conditions of Use
Your Acceptance of this Agreement: This is an agreement between you ("you" or "your") and Next Ventures LLC, a Delaware limited liability company and the owner of Dealery.com ("Dealery," "we," or "our") that governs your use of the Dealery Website ("Site" or "Website"). When you access or use the Site in any way you agree to be bound by these Terms and Conditions ("Terms"). We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
Use of our Materials: We use a diverse range of information, text, photographs, designs, graphics, images and other materials and effects on the Dealery Website. You may view, use, copy, and distribute the information, content or advertisement (collectively, the "Materials") found on the Dealery Website for internal, noncommercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Dealery Website. You may not use the Dealery Website to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail. You are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Dealery, Next Ventures LLC and/or any third party owner of such rights. The Dealery name and logos and all related products and service names, design marks and slogans are trademarks and service marks are owned by or used under license from Next Ventures LLC. All other trademarks and service marks on the Site are the property of their respective owners. You are not authorized to use any Dealery name or mark in any advertising, publicity or in any other commercial manner without the express prior written consent of Dealery.
Information you provide to us: Do not send us any confidential or proprietary information. Any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
No endorsements: We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions ("Deals") or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Dealery Website. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Dealery Website (the "Products").
DISCLAIMER: Dealery communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. Dealery has no control over the accuracy of such information on our pages, and material on the Dealery Website may include technical inaccuracies or typographical errors. We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage. All of the data on Products and Deals including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Deal. We have no control over the legality of any Deal or Product, the ability of any third party to complete the transactions in accordance with such Deals or Products, or the quality of the goods or services offered by such third parties. In the event you have a dispute with a third party in any way relating to the Site or the use of information from the Site, you agree to waive and release us from any and all claims, demands, actions, damages (actual and consequential), losses, costs and expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute. It is your responsibility to verify independently that any third party you are doing business with is legitimate and reputable. Before purchasing any specific Deal or Product, please analyze the details and conditions of the offer including the fine print.
Links to external Internet sites are provided within the content on the Site as a convenience to users. The listing of an external site does not imply endorsement of the site by Dealery or its affiliates. Dealery does not make any representations regarding the availability and performance of its Website or any of the Websites to which we provide links. Dealery and its affiliates are not responsible for the content, functionality, or technological safety of these external sites nor are we responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Websites.
Any use of the Dealery Web site, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. Dealery disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Dealery results and in the Deals or Products listed on the Dealery Website.
THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DEALERY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. DEALERY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DEALERY DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL DEALERY BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF DEALERY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS, THE DEALS OR PRODUCTS, OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. DEALERY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, DEAL, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE. THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Third Party Sites: Your dealing with or participation in the sales promotions of advertisers or service providers found on or through the Site, including payment and delivery of related goods or services, including the Deals and Products, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Site. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources, including the Deals and Products. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Site.
Indemnification: You agree to indemnify and hold us and (as applicable) our parent, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
Miscellaneous: These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in New York County, New York. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Dealery.
Dealery reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information. Dealery reserves the right to seek all remedies available at law and in equity for violations of these Terms.
