Welcome to DealerMotorsports.com. By using our website, you are deemed to accept the following terms and conditions (the “Terms”) which represent a binding agreement between Dealer Motorsports, a Nevada corporation (which conducts business as “DealerMotorsports.com”) and you (“you”), as a visitor to the DealerMotorsports.com website or any website that includes content provided by Dealer Motorsports (collectively, the “Site”), and, if applicable, a user of the information, promotion and sale services that Dealer Motorsports provides (collectively, the “Service”).
THESE TERMS GOVERN YOUR USE OF THE SERVICE AND THE SITE, AND YOU SHOULD READ THEM CAREFULLY BEFORE USING THE SERVICE OR THE SITE. BY USING THE SERVICE OR ACCESSING THE SITE, YOU AGREE TO BE BOUND BY ALL THE TERMS CONTAINED HEREIN. ANYONE WHO USES THE SERVICE IN CONNECTION WITH THE SALE OR PURCHASE OF A VEHICLE, MOTORCYCLE, OR WATERCRAFT MAY ALSO BE REQUIRED TO AGREE TO BE BOUND BY ANY TERMS OF SALE MAINTAINED BY DEALER MOTORSPORTS AND/OR ITS AFFILIATES (AS DEFINED HEREIN). ANY SUCH TERMS OF SALE WILL BE PROVIDED TO YOU BEFORE YOU COMPLETE YOUR SALE OR PURCHASE TRANSACTION.
IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITE AND THE SERVICE.
FOR PURPOSES OF THESE TERMS, THE TERM “AFFILIATE(s)” SHALL BE DEEMED TO INCLUDE COMPANIES WITH WHICH DEALER MOTORSPORTS HAS STRATEGIC BUSINESS RELATIONSHIPS OR AGREEMENTS, WHETHER OR NOT SUCH COMPANIES DIRECTLY OR INDIRECTLY CONTROL, IS CONTROLLED BY OR IS UNDER COMMON CONTROL OF DEALER MOTORSPORTS, AND WHETHER SUCH COMPANIES ARE ENGAGED IN SOME TYPE OF MARKETING AND/OR REFERRAL AGREEMENT OR ARRANGEMENT WITH DEALER MOTORSPORTS OR DEALER MOTORSPORTS’S AFFILIATES IN CONNECTION WITH THE SERVICE.
1. This is a binding agreement. By using the Site and the Service, you agree to abide by these Terms, as they may be amended by Dealer Motorsports from time to time in its sole and absolute discretion. Dealer Motorsports will exercise reasonable efforts to post a notice on the Site any time these Terms have been changed or otherwise updated, but it is solely your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT AND ANY AGREEMENTS REQUIRED IN CONNECTION WITH YOUR USE OF THE SERVICE.
2. Dealer Motorsports reserves the right to terminate your use of the Service or the Site. In order to ensure that Dealer Motorsports provides a high-quality experience for you and for other users of the Site and the Service, you agree that Dealer Motorsports or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Service. Dealer Motorsports does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Dealer Motorsports reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Dealer Motorsports believes that you have violated any of these Terms, furnished Dealer Motorsports with false or misleading information, or interfered with use of the Site or the Service by others. In addition, and without limiting the foregoing, Dealer Motorsports reserves the right to delete, remove or otherwise disable access to any listings or other information that Dealer Motorsports deems (in its sole discretion) to be misleading, inaccurate, fraudulent, abusive or otherwise inappropriate for inclusion in the Service. Dealer Motorsports will not provide any refunds for listings that were found to be in violation of these Terms and therefore removed from the Service.
3. The Site and the Service are at all times provided on an “AS IS” and “WHERE IS” basis, and Dealer Motorsports lists vehicles, motorcycles, and watercraft for sale, and you accept any vehicle, motorcycle or watercraft you purchase, “AS IS” and “WHERE IS.” Any warranties you may receive in connection with a purchase are provided by or on behalf of the seller of the vehicle, and not by Dealer Motorsports or its Affiliates in any way. Dealer Motorsports makes no warranties, express or implied, regarding the condition or quality of any listing available through the Service, and to the maximum extent permitted by law, DEALER MOTORSPORTS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY LISTING YOU MAY PURCHASE THROUGH THE SERVICE OR OTHERWISE FROM A DEALER MOTORSPORTS SELLER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4. Dealer Motorsports does not warrant any of the information provided from the Site or through the Service. Dealer Motorsports does not warrant that listing information provided on the Site or through the Service will be accurate or up to date at all times. This includes (but is not limited to) any information that Dealer Motorsports or its representatives may provide to prospective buyers who are interested in listings for sale through Dealer Motorsports’ service or any similar service offering. Some information made available on the Site has been provided by third parties, such as sellers, bloggers and commenters to blogs (such information, collectively, “Third-Party Content”). The inclusion or appearance of Third-Party Content on the Site does not indicate any approval or endorsement by Dealer Motorsports of such Third-Party Content, or of any opinion, advice, or other information made or displayed on the Site by any user or other third party. Dealer Motorsports is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.
5. Amounts that you pay to Dealer Motorsports are non-refundable and Dealer Motorsports has no obligation to reimburse you whatsoever. Some of the services that Dealer Motorsports offers as part of the Service may require payment of a fee to Dealer Motorsports. Information regarding our fees and the different services that we offer for a fee can be found on the Site, and you will be required to confirm the services you have selected and the amount of your payment before your credit card is charged. Once your card has been charged, however, under certain circumstances, Dealer Motorsports may refund amounts you have paid for the Service as provided herein.
6. Dealer Motorsports may recommend Affiliates to assist you with the sale and purchase of a listing. As part of the Service, Dealer Motorsports may from time to time recommend to buyers and sellers the services of Dealer Motorsports’ trusted Affiliates. Dealer Motorsports may have referral arrangements with certain of its Affiliates, whereby Dealer Motorsports receives compensation for customers that are referred to the Affiliates. Please feel free to contact us if you have questions about any of these arrangements. Regardless of the financial or other arrangements that Dealer Motorsports may have with its Affiliates, any decision to use one or more of these Affiliates must be made by you in your sole discretion, and Dealer Motorsports makes no promises, representations or warranties regarding, and will have no liability arising out of or in any way related to, your decision to engage or otherwise work with any of these Affiliates. Each of these Affiliates will have its own terms or contractual arrangements, and it is your responsibility to review those terms carefully when deciding whether to engage the relevant business partner.
7. Dealer Motorsports may take steps to enforce, and to ensure compliance with, these Terms. Dealer Motorsports may conduct, and you hereby consent to, random inquiries and tests to ensure the legitimacy of listings and their contents, which inquiries and tests may include, where necessary, a review of messages to buyers or sellers sent using the Service. You understand and agree that you have no expectation of privacy in messages sent using the Service. Users who are found to be in violation of these Terms may be denied use of and access to the Site and the Service.
8. Dealer Motorsports employs a two-step dispute resolution procedure. In the event that you should have any concerns or complaints about Dealer Motorsports, the Site, the Service, or Dealer Motorsports’s role in your sale or purchase of any vehicle, you must contact Dealer Motorsports to resolve those issues through the dispute resolution process (discussion, then arbitration) described under Section 21 below. This two-step process is important to Dealer Motorsports’s ability to bring you the Site and the Service, and by using the Site and the Service, you are agreeing to this two-step process as your sole and exclusive remedy in the event of any dispute, complaint or other claim or issue involving Dealer Motorsports.
10. Dealer Motorsports may make certain software and other copyrighted materials available to you from the Site. If you download software or other copyrighted materials from the Site (even if only for the temporary viewing of or other access to those materials), those materials, including all files and images contained in or generated by any software you download, as well as any accompanying documentation or data (collectively, “Licensed Materials”) are deemed to be licensed to you by Dealer Motorsports or its licensors, for your personal, non-commercial home use only. You do not receive either title to or ownership of the intellectual property rights embodied in the Licensed Materials, and Dealer Motorsports and its licensors retain full and complete title to the Licensed Materials as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Licensed Materials, nor may you decompile, reverse engineer, disassemble or otherwise convert any software included in the Licensed Materials to a human-perceivable form. All trademarks and logos are owned by Dealer Motorsports or its licensors and you may not copy or use them in any manner.
11. When accessing the Site or using the Service, you agree to obey all laws and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your computer, your account or any User ID that you choose or that we provide you. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you. In addition, it is your obligation as a seller or a buyer of a vehicle through the Service to provide complete and accurate information in response to all requests for information by Dealer Motorsports and in response to all inquiries from sellers or prospective buyers.
12. You will not make certain types of Content available. You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services, other than any vehicle advertisement or inquiry that is provided in accordance with these Terms. Dealer Motorsports reserves the right to terminate your receipt, transmission or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers, or request deletion of such material from the servers of its Affiliates. Dealer Motorsports intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
13. Dealer Motorsports imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of the Service, the Site or any associated system or network, or to breach security or authentication measures without proper authorization, (c) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing” or “crashing,” (d) using the Site or Service to send unsolicited email, including, without limitation, promotions or advertisements for products or services (excluding vehicle advertisements provided in accordance with these Terms), (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service, or (f) attempting modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by Dealer Motorsports in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
14. Dealer Motorsports has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf), Dealer Motorsports will respond expeditiously to any written claims of copyright infringement that are reported to Dealer Motorsports’ designated copyright agent identified below. Dealer Motorsports has adopted a policy that provides for the suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Dealer Motorsports or of a third party, or otherwise violated any intellectual property laws or regulations. Dealer Motorsports’ policy is to investigate any allegations of copyright infringement brought to its attention. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under applicable copyright laws, and believe that such protected work has been copied in a way that constitutes copyright infringement, please provide Dealer Motorsports’ copyright agent with the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dealer Motorsports to locate the material; (iv) information reasonably sufficient to permit Dealer Motorsports to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All claims of copyright infringement on or regarding this website should be delivered via email to Dealer Motorsports’ designated copyright agent by sending an email as follows: [email protected]; in the “subject line” type: Copyright Infringement Notice and include a message that contains the requested information.
15. Dealer Motorsports Disclaims All Warranties (Please Read This Carefully). The Site and Service is available for usage “AS IS” without warranty of any kind. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABLITY TO USE, THE SITE AND THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALER MOTORSPORTS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DEALER MOTORSPORTS DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
16. The Liability of Dealer Motorsports to You is Limited (Please Read this Carefully). TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEALER MOTORSPORTS OR ANY OF ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY DEALER MOTORSPORTS OR ANY OF ITS AFFILIATES. This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
17. Dealer Motorsports has no control over, and no liability for any third-party websites or materials. Dealer Motorsports works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Dealer Motorsports nor the Site has control over the content and performance of these partner and affiliate sites, Dealer Motorsports makes no guarantees about the accuracy, currency, content or quality of the information provided by such sites, and Dealer Motorsports assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Dealer Motorsports makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third-party content, and that, unless expressly provided otherwise, these Terms will govern your use of any and all third-party content.
18. You Agree to Indemnify Dealer Motorsports for Certain of Your Acts and Omissions. You agree to indemnify, defend and hold harmless Dealer Motorsports, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Site or the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Dealer Motorsports will notify you in writing of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
19. Dealer Motorsports Has a Two-Step Process for Resolving Disputes that Involve Dealer Motorsports. In the event of any dispute regarding the Site or the Service or in connection with any purchase you make using any of the services Dealer Motorsports provides to you, you agree to resolve that dispute exclusively through a two-step process, as follows:
19.1 Step 1: Discuss. You will let Dealer Motorsports know about the dispute by contacting our dedicated call center to report the problem, and then you will work directly with representatives at the call center to try to resolve the dispute. Dealer Motorsports believes that direct discussions between you and Dealer Motorsports are the best way to obtain a quick and mutually satisfactory resolution to any dispute. If you can’t work something out with Dealer Motorsports within 10 days after you call to report the dispute, then the dispute resolution process moves to step 2 by bringing in a third party to arbitrate the claim, as described in the paragraph that follows.
19.2 Step 2: Arbitrate. Any dispute arising out of or relating to these Terms that cannot be resolved by direct discussions as outlined above will be determined exclusively by arbitration before one arbitrator in accordance with these Terms. Dealer Motorsports requires, and you agree, that any arbitration conducted hereunder will be administered by JAMS, Inc., a leading national provider of dispute resolution services. The arbitration will be held in Las Vegas, Nevada pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. The arbitrator may, in his or her award, allocate all or part of the costs of the arbitration, including the arbitrator’s fees and the reasonable attorneys’ fees of the prevailing party. Judgment on the award of the arbitrator may be entered in any court having jurisdiction.
And just so it’s clear that Dealer Motorsports intends for the foregoing agreement to arbitrate to be comprehensive, this will confirm your agreement and understanding that any and all disputes over the breach, termination, enforcement, interpretation or validity of these terms (which includes any determination of the scope or applicability of this agreement to arbitrate) will be subject to the arbitration requirement set forth above. Also, so there’s no confusion over what laws, rules or procedures might apply to the interpretation of this agreement to arbitrate, this will confirm that the arbitration described in these Terms will be governed by the Federal Arbitration Act (Title 9, Chapter 2 et seq. of the U.S. Code), and not by the laws of any particular state or other jurisdiction regarding arbitration.
20. Certain Other, General Terms Apply to this Agreement.
20.1 This Agreement will be construed in accordance with and governed by the laws of the United States and the State of Nevada, without reference to its rules regarding conflicts of law, except for the agreement to arbitrate described above, which will be subject only to the Federal Arbitration Act.
20.2 If, for whatever reason, any arbitrator or court of competent jurisdiction were to find any term or condition in these Terms to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
20.3 Nothing contained on the Site or provided by the Service should be understood as granting you a license to use any of the trademarks, service marks or logos owned by Dealer Motorsports or by any third party.
20.4 The Site is controlled and operated by Dealer Motorsports from its offices in the Nevada. Dealer Motorsports makes no representation that any of the materials or the services to which you have been given access to are available or appropriate for use in other jurisdictions. Your use of or access to the Site should not be construed as Dealer Motorsports purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Nevada.
20.5 Dealer Motorsports may, in its sole discretion and without prior notice: (a) revise these Terms; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Dealer Motorsports will post any revision to these Terms to the Site, and the revision will be effective immediately upon such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you will abide by any such revision.
21. Refund Policy. Dealer Motorsports offers a refund of monies paid to Dealer Motorsports for a Dealer Motorsports listing, a free listing or use of the Dealer Motorsports Call Center, if a user requests that such listings and/or requested service be cancelled, by giving Dealer Motorsports notice, in writing, within twenty four (24) hours after the listing is created or contacts the Dealer Motorsports Call Center and requests cancellation. No refunds are available for paid listings with Dealer Motorsports affiliates.
Contact Dealer Motorsports:
Mailing Address: 23371 Mulholland Drive, Woodland Hills, CA 91364
Phone Support: 855-208-3710
Email Support: [email protected]