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TERMS & CONDITIONS
Last updated January 5, 2021

Please read the following Terms of Service Agreement carefully before using Dash operated by Dealer Innovations LLC.Your access to and use of Dash is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use Dash. By accessing or using Dash you agree to be bound by these terms and conditions and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the Terms and Conditions before proceeding to use our services. If you do not expressly agree to all the Terms and Conditions, then you may not access Dash and its platform.

Overview

Dash is operated by Dealer Innovations LLC, an automotive SaaS company. Throughout the site and mobile application, the terms “we”, “us” and “our” refer to Dealer Innovations and Dash. Dealer Innovations offers this site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Our product, Dash, integrates the entire sales process into one cohesive platform. Vendors who contract with us agree to outsource their e-commerce operations to Dash. Vendors chose from a variety of packages covering inventory, sales, marketing, AI tools, compliant price transparency tools, vehicle imagine tools, user interface design and development, customer credit check software integration, parts and services, scheduling, customer communications, as well as providing account management via a personal sales representative.

By visiting Dash, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.

Please read these Terms carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. 

Any new features or tools which are added to the current offers or packages shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Dash following the posting of any changes constitutes acceptance of those changes.

Dealership usage of Dash is billed on a subscription basis as per your signed contract with your account manager. You will be billed in advance on a recurring monthly basis. Refer to your contract for specific terms and conditions pertaining to your subscription, or contact your account manager.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that Dealer Innovations LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Dealer Innovations LLC and its associates reserve the right to refuse or cancel service or remove content in our sole discretion. 

Links to Other Websites

Dash may contain links to third-party websites or services that are not owned or controlled by Dealer Innovations. Dealer Innovations has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Dealer Innovations shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Certain services made available via Dash or dealerinnovations.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Dash domain, you hereby acknowledge and consent that Dash may share such information and data with any third party with whom Dealer Innovations LLC has a contractual relationship to provide requested product, service, or functionality on behalf of Dash users and customers. 

We collect your personal information, for example, when you apply for financing, give us your income information or provide employment information, provide account information or give us your contact information. We also contact your personal information from others, such as credit bureaus, affiliates or other companies. By using our services and filling out this form, you agree to these terms and conditions and consent to this collection of data with credit companies and/or banks through Dealer Innovations. 

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No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Dash strict;y in accordance with these terms of use. As a condition of your use of the Site, you warrant to Dealer Innovations LLC that you will not use Dash for any purpose that is unlawful or prohibited by these terms. You may not use Dash in any manner which could damage, disable, overburden, or impair Dash or interfere with any other party’s use and enjoyment of Dash. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Dash. 

All content included as part of our packages, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on Dash is the property of Dealer Innovations LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sales, create derivative works, or in any way exploit any of the content, in whole or in part, found on Dash. Dealer Innovations LLC content is not for resale. Your use of Dash does not entitle you to make any unauthorized use of any protected content solely for your personal use, and will make no other use of the content without the express written permission of Dealer Innovations LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any license, express or implied,  to the intellectual property of Dealer Innovations LLC or our lizensors except as expressly authorized by these terms. 

You agree to indemnify, defend and hold harmless Dealer Innovations LLC, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) arising out of your use of or inability to use Dash and its services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any application laws, rules, regulations. Dealer Innovations LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will fully cooperate with Dealer Innovations LLC in asserting any available defenses. 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by both parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerning the Terms and COnditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions,or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope of arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

The Parties agree that a party may bring claims against the other only in each individual’s capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Dealer Innovations LLC agree otherwise, the arbitrator shall not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class preceding. 

Liability Disclaimer

The information, software, products, and services included in or available through Dash may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Dealer Innovations LLC and/or its suppliers may make improvements and/or changes on Dash at any time. 

Dealer Innovations LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on Dash for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Dealer Innovations LLC and/or its third party suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions or merchantability, title and non-infringement. 

To the maximum extent permitted by applicable law, in no event shall Dealer Innovations LLC and/or its suppliers be liable for any direct or indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use of performance of the site, with the delay or inability to use Dash or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability, or otherwise, even if Dealer Innovations LLC or any of its affiliates has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above disclaimer may not apply to you. If you are dissatisfied with any portion of Dash, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the site. 

Termination

We may terminate or suspend access to Dash immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms

All provisions of these terms, which by their nature should survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dealer Innovations LLC with respect to Dash and its supersedes all prior or contemporaneous communications and proposals, whether written, oral, or electronic between the used and Dealer Innovations LLC with respect to Dash. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all documents be written in English. 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions or concerns about these Terms, please contact us:

Dealer Innovations LLC

28-07 Jackson Street 

Long Island City, New York 11101

Dealerinnovations.com (212) 301-6641