These Terms of Use apply to all websites that are owned, operated, and maintained by or for Proactive Dealer Solutions LLC (“we,” “us,” or “our”) including www.proactivedealersolutions.com and other websites on which these Terms of Use are linked (collectively, “Site”). READ THESE TERMS OF USE CAREFULLY BECAUSE THEY REQUIRE BINDING ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.
General Provisions
THESE TERMS OF USE TOGETHER WITH OUR
PRIVACY POLICY (COLLECTIVELY, “TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, IF YOU ENTER INTO A SEPARATE AGREEMENT WITH US IN CONNECTION WITH SPECIFIC SERVICES, SUCH AGREEMENT WILL GOVERN YOUR RELATIONSHIP WITH US AS TO THE SUBJECT MATTER THEREOF EVEN IF SUCH SERVICES UTILIZE OR ARE PROVIDED IN CONNECTION WITH THE SITE.
By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully. The Site is intended for use only by persons 18 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Site.
We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Site. We will provide notice of any change to these Terms via a post on the Site and/or email to you. By not terminating your relationship with us prior to the effective date of the change, you acknowledge and agree that you shall be bound by the updated Terms. We suggest periodically visiting this page of the Site to review these Terms.
You represent and warrant that you are the person you claim to be in your interactions with us and the Site.
User Guidelines
You agree that you will not use the Site to transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person. You also agree that you will not use the Site to transmit communications containing material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory. You will not use the Site to commit fraud, engage in criminal activity, or interfere with the use of the Site by others. You will use the Site in compliance with all applicable laws and regulations.
User Data
We will maintain certain data that you transmit as part of the Site for purposes of managing the Site and providing the Site to you. We do not warrant that we will retain your data for any period of time or at all. You should retain copies and backups of all data you provide to us. You agree that we shall have no liability to you for any loss or corruption of data you provide to us or that we store associated with your use of the Site.
Termination
We may suspend or terminate your use of the Site at any time for any reason and without notice to you. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Site.
Product Information & Online Store
The Site provides information about products and services we offer such as pricing, product specifications, and other information for educational purposes only. Nothing on our Site constitutes a guarantee of success or an offer to provide services to you. Information on the Site is subject to change without notice and we do not warrant its completeness, accuracy, or currency. Further, we provide you an opportunity to complete an informational form to indicate to us that you may be interested in our services. Our provision of this inquiry form does not constitute an offer to provide services. Although we endeavor to provide accurate information on the Site, errors may occur and we will not be bound to any displayed information. This Site shall not be used or relied upon by you as a substitute for information that is available to you from one of our authorized representatives.Notwithstanding the foregoing, we may from time to time make certain products like workbooks, apparel, notebooks, drinkware, and other items available through our online store. All purchases through our online store are final and non-refundable.
Employment Information
The Site provides information about employment opportunities with us. Nothing on our Site constitutes an offer of employment and submission of an application for employment does not guarantee we will take action upon your application.
Disclaimer of Warranties
The Site is provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays, or errors in the transmission or delivery of any communications, information, materials, or services through the Site. To the extent a jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply. You understand and agree that the action or inaction of third parties is outside of our control and that we do not guarantee any third party will take any action or refrain from taking any action.We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Site or any website linked to the Site.
Our Intellectual Property
All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either our property or used on the Site with permission. The absence of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.
You acknowledge and agree that the Site, and all information and materials appearing therein, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, reverse engineer, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site.
Limitation of Liability
IN NO EVENT WILL WE OR OUR AFFILIATES, VENDORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL/REPUTATION, OR LOST ANTICIPATED BUSINESS (EVEN IF WE HAVE BEEN ADVISED OF OR COULD HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS OR THE SITE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. OUR AGGREGATE LIABILITY FOR ANY LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES ASSOCIATED WITH ANY CLAIM OR ACTION RELATED TO, IN CONNECTION WITH, OR ARISING UNDER THESE TERMS OR THE SITE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE LIMITATION OF SOME LIABILITIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Dispute Resolution
Any controversy, claim or dispute arising out of or related to these Terms the Site, and/or your relationship with us (excluding relationships governed by a separate agreement for services as noted above) including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for commercial arbitration, including provisions for the resolution of consumer disputes, if applicable (the “Arbitration Rules”). The arbitration shall be conducted in Mecklenburg County, North Carolina before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Either party may bring a Dispute in small claims court in Mecklenburg County, North Carolina a to the extent permitted by the Arbitration Rules. If the amount in controversy is less than $10,000, the parties agree that the Dispute will be decided on the basis of written submissions without a hearing. The decision of the arbitrator will be final without option to appeal. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential, or indirect damages against any party. Arbitration costs and fees shall be divided in accordance with the Arbitration Rules. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW OR BEFORE A JURY. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.
Governing Law
The Terms are governed according to the laws of the State of North Carolina, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and the parties agree to the jurisdiction thereof.
Indemnity
You will defend, indemnify, and hold us and our affiliates, vendors, service providers, officers, directors, owners, employees, contractors, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or related to (i) any breach or alleged breach of these Terms by you; (ii) your violation of any applicable law or regulation; (iii) your negligence or willful misconduct; or (iv) your use of the Site.
Links
The Site may contain links to or be accessed through links that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those sites. We are not responsible for content including, but not limited to, advertising claims, special offers, illustrations, names or endorsements on any other sites to which the Site may be linked to or from which the Site may be accessed. Further, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. We recommend that you review any terms of use statement and privacy policy before using any other linked site.
Feedback
We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or notice or compensation to you.
Miscellaneous
The Terms constitute the entire agreement and understanding between you and us with respect to the use of the Site except as noted above. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Site (
e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.
Contact Information
If you have any questions about the Site or the products we offer, please contact us using the information below.
Proactive Dealer Solutions LLC
16409 Northcross Drive
Huntersville, North Carolina 28078
Email address:
info@bdcexperts.com
