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Dealer Trader Website Usage Terms and Conditions

The following are the terms and conditions with which DealerTrader offers you access to our site and services. This agreement may not be amended by users in an fashion. Any and all amendments DealerTrader may feel necessary will be added at such time as they are required and a notice will be posted in a fashion that will alert all members to said changes. To become a member of this website you must agree to these conditions. This agreement was last revised April 15, 2005

Definitions

We, the website, the company and our refer to DealerTrader.com, its corporate owners and affiliated companies, and the officers, directors, and shareholders of DealerTrader.com, its corporate owners and affiliated companies. User, member, dealer or you refers to the user of this site whether they be the original person making a request for membership or any person employed by said member dealer.

Services:

Our service is available only to legal entities and to individuals who can form legally binding contracts under applicable law. Furthermore anyone applying for membership at this website must be a licensed vehicle dealer, in good standing within the state they reside and must be 18 years or older to use the service provided within this website.

This agreement applies only to persons using our site or service. No agreement of any nature exists between DealerTrader and member dealers who sell, buy or trade with each other from the inventory listed within this site. Member dealers agree to hold harmless DealerTrader in an legal action involving the sale, lease, purchase or trade of any vehicle listed within this site. DealerTrader makes no warranty, in any fashion as to the condition of any vehicle listed. Member dealers are fully responsible for researching and inspecting any vehicle prior to purchase. DealerTrader hereby disclaim all warranties, express or implied, including implied warranties of title, merchantability and fitness for any particular purpose whatsoever. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

All member dealers, by accepting these terms and conditions, understand that DealerTrader's only service is the ability to list and view vehicles within its website by member dealers. Availability of said vehicles is the sole responsibility of the listing dealer.

As the service provided is an Internet based application access to the website is not guaranteed, nor will any refund be made if service is interrupted by network or server outages of any kind whatsoever. Member dealer is wholly responsible for the condition of their computer, and any upgrades to said computer, that may be required to use this website. This service may not be available to users whose computer is not compatible with the standard web services accepted as of the time of this documents writing. Suggested computer requirements are: a color monitor with minimum resolution of 1024 x 768 pixels, a connection to the Internet and a Web browser. Specific browser requirements are Internet Explorer 5.5 or greater, Firefox, Netscape 7.0 or greater, Mozilla or Opera 7.0 or greater. Due to the advanced nature of this application browser versions less than specified here will not render the site correctly and should be avoided when attempting to use this application.

Providing Vehicle and Dealer information

Dealers are responsible for providing current and accurate information about their dealership and all vehicles the dealer lists on this website. Any dealer who submits fraudulent information about their dealership will have their membership revoked immediately with no refund of any previously collected fees due said dealer. Dealer also agrees that any information posted on this website or sent to others when using our website, by e-mail or otherwise, will be true, correct, and comply with all applicable laws. Dealer agrees all vehicle information they post on this website shall not be fraudulent, infringe on any third party's contract, copyright, patent, trademark, rights whether real or intellectual, are not defamatory, libelous, threatening or harassing, are not obscene, or contain any computer code that is intended to damage or disrupt the websites, or any user's computer system.

Dealers understand the information received on this website in response to a vehicle search is information provided by the vehicle sellers. DealerTrader does not review or verify said information for truth or accuracy. Purchasing any vehicle found listed within this site should be preceded by a full investigation of the vehicles condition.

Fees and payment information

Dealer shall provide a current credit card along with the submission of our membership application for billing purposes. No charge shall be submitted to credit card prior to the verification of applying dealer's license standing. Once verified DealerTrader shall charge monthly fees to dealer's credit card in a recurring fashion until such time that DealerTrader's staff receives a written notice to terminate dealer's account.

If a monthly charge cannot be completed said dealer's account will be inactivated until such time that another credit card is supplied. Dealer is responsible to notify the websites staff in the event a credit card has been cancelled so other arrangements can be made.

Dealer's credit card information is not stored within the confines of the websites server. Every effort to secure such data will be made by DealerTrader's staff. No Dealer information, except as displayed within the website shall be sold, traded or used in any other way that contacting of said dealer by our staff.

Standard dealer fees are $79.95 per month. This fee does not include any specials offered by the website for new or existing members. Dealer realizes that if they sign up and are offered a special price the standard fee shall begin once said special has completed. DealerTrader reserves the right to change this monthly fee as shall be required, and shall post any changes to monthly fees in a manner that shall be easily accessible to all dealers.

Restricted Activities

Member dealer is expected to conduct themselves in a professional manner at all times.

Dealer may not distribute their username and / or password to any other person or party outside of their immediate dealership staff. Dealer is required to keep their login information secure at all times and make every effort to keep this information private. Any dealer found distributing their log in information to unauthorized parties will have their membership inactivated until such time that they can explain their actions. If it is found that dealership did violate this agreement their membership shall be terminated and any membership fees previously paid will be forfeited.

Any dealer found to be listing vehicles that are in any way altered in any way that may be construed as fraud including, but not limited to, Vehicle Identification Number, odometer or title alterations or providing any false of fraudulent information about a vehicle will have their membership terminated immediately and shall forfeit any and all membership fees paid at that time.

Dealer shall not copy, reproduce, alter, modify or republish any portion of this website either publicly or privately without the express written consent of an authorized representative of DealerTrader.com. This website and service contains content and systems that are proprietary. Dealer agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or other purpose any portion of the website or service or access to the service.

Liability and Warranties

The DealerTrader site and service acts as a location for licensed vehicle dealers to list vehicles and for other member dealers to contact sellers in order to purchase said vehicles. DealerTrader is not involved in any actual transactions between buyers and sellers. Because of the way our service works we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. DealerTrader cannot ensure that any buyer or seller will complete a transaction. Any refunds, warranties, credits or adjustments to a transaction are between the dealers involved in said transaction. DealerTrader, nor it's staff assume no responsibility, and offer no warranty whatsoever, regarding your transaction with any individual members or any vehicles you purchase from a seller, or any information, including credit card information, you give to a seller.

Dealer realizes that all purchase agreements are directly between you and the seller of the vehicles. DealerTrader make no warranty and have no liability whatsoever with respect to those agreements.

By agreeing to these terms and conditions and the use of this site, you agree that DealerTrader, its staff and owners shall have no liability for special or consequential damages, lost profits, lost sales or any other incidental damages, whether your claim arises in contract, tort (including negligence), strict liability, by statute or under any other legal theory. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim and demand, including reasonable attorney's fees that arise out of your breach of this agreement or your use of our site.

The law of the commonwealth of Pennsylvania, county of Monroe govern this agreement and the relationship between member dealer and DealerTrader in any litigation related to this agreement or relationship with the two parties. Any and all legal issues shall be conducted within the state and federal courts in Monroe county, Pennsylvania and these courts will have exclusive jurisdiction over that litigation. Dealer further expressly consents to the exercise of personal jurisdiction in Pennsylvania in connection with any dispute or claim involving the dealer and DealerTrader.

Rights

DealerTrader reserves the right to choose not to deal with any person for any reason or without reason. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or immediately terminate your right to access our site and refuse to provide our services to you in any of the following situations.

  1. You breach this agreement
  2. We are unable to verify or authenticate any information you provided.
  3. We believe that your actions may cause legal liability for you or other dealers on this site, or us
  4. Non payment of membership fees or invalid credit card information

Notices

Any notices to DealerTrader.com must be sent by postal mail to DealerTrader.com's headquarters as it is then posted on our website. Any notices to you will be sent to the e-mail address or postal address you provided to DealerTrader.

Privacy

We view protection of our member's privacy and your that your personal information is one of our most important assets. We store and process your information on our computers located in the united states and are protected by physical as well as technological security devices. DealerTrader will not divulge your dealer or personal information to any party.

Entire Agreement

This agreement constitutes the entire agreement between you and DealerTrader.com, and any other terms, including telephone and email communications or anything else on our website are hereby void and of no effect.