Terms of Service
By using the Dealerflow web application software hosted at dealerflow.com (“Service”), a service of Dealerflow Corporation (“Dealerflow”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Dealerflow reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service any time at: http://dealerflow.com/terms-of-service/.
Violation of any of the terms below will result in the termination of your Account. Dealerflow prohibits such conduct and such entry of your information (“Content”) on the Service. You understand and agree that Dealerflow cannot be responsible for the Content posted on the Service. You agree to use the Service at your own risk.
Account Terms
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Each login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
- You are responsible for maintaining the security of your Account and password. Dealerflow cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your Account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment and Refund Terms
- A valid credit card is required for your Account. Exceptions for payment by check or bank ACH are at the sole discretion of Dealerflow.
- Current pricing for the Service can be found on Dealerflow’s website at www.dealerflow.com.
- SMS text messaging is built into the Service. You understand that your use of the SMS text messaging features will result in Account charges according to current pricing shown on the website.
- After signing up, Dealerflow will interact with the appropriate representatives from your company to setup your Account. When your Account is ready for use, the Service will be billed to your credit card in advance for the first month and thereafter, until cancelled, for subsequent months. There will be no refunds or credits for partial months of service or for months unused with a multi-month prepaid account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in the Service, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Dealerflow does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. You can cancel your account at any time by sending an email to support at dealerflow dot com.
- Prior to canceling your Account, you can request an export of all the data in your Account. Dealerflow will process your request and provide your data to you in a standard format.
- Upon cancellation of your Account, all of your Content will be immediately deleted from the Service. This information can not be recovered once your Account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Dealerflow, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Dealerflow reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Dealerflow reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Dealerflow web site (www.dealerflow.com) or the Service itself.
- Dealerflow shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the Content you provide to the Service. Your information and files uploaded remain yours. However, by setting or exporting certain pages or information to be shared publicly, you agree to allow others to view and share your Content.
- Dealerflow does not pre-screen Content, but Dealerflow and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright©2007-2009 Dealerflow Corporation. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Dealerflow.
General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support provided on a best-effort basis is included with your subscription. It can be accessed via email at support at dealerflow dot com or via phone at 765-236-0622. Onsite assistance can be requested for an additional daily consulting rate plus travel expenses.
- You understand that Dealerflow uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Dealerflow, or any other Dealerflow service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Dealerflow.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Dealerflow customer, employee, or associate will result in immediate Account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage or storage usage significantly exceeds the average usage (as determined solely by Dealerflow) of other Dealerflow customers, we reserve the right to disable your account or throttle your file hosting until you can reduce your consumption.
- Dealerflow does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Dealerflow shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dealerflow has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Dealerflow to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Dealerflow and govern your use of the Service, superseding any prior agreements between you and Dealerflow (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at dealerflow dot com.