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Welcome to DealerMarket.com (the “Site”),  a website owned and operated by AutoSoft Inc., 61 Executive Court,  West Middlesex,  PA 16159 (“AutoSoft,” “we,” “us,” or “our”). Please review these Terms and Conditions (the “Terms”) before using this Site or purchasing automotive dealership supplies and products from us (“Supplies”) in the United States. These Terms, together with all polices incorporated herein by reference, comprise a legally binding agreement between you (“Customer”, “you”, or “your”) and AutoSoft governing, and represent the entire understanding between you and AutoSoft regarding, your use of the Site and purchase of Supplies. These Terms expressly incorporate by reference and include AutoSoft’s Privacy Policy, (which may be accessed by the link at the bottom of the page) and any guidelines, rules or disclaimers that may be posted and updated on specific webpages or on notices that are sent to you. The Terms are comprised of the following:

I.  ACCESSING THE SITE AND ACCOUNT SECURITY
II. PROHIBITED USES
III. PURCHASES OF SUPPLIES

A.    ORDER ACCEPTANCE
B.    DELIVERY
C.    LEAD TIMES AND SHIPPING
D.    RETURNS
i.    Non-Custom Stock Products
ii.    Custom Imprinted Supplies
E.    REFUNDS
F.    PRICING
G.    TAXES
H.    PAYMENT
I.    CREDIT LIMITS
J.    NOT FOR RESALE
K.    RESERVATION OF RIGHTS

IV.    PRIVACY
V.    COPYRIGHTS AND LIMITATIONS ON USE
VI.     LINKS
VII.    TRADEMARKS
VIII.     ARTWORK
IX.     LIMITED WARRANTIES
X.    DISCLAIMERS
XI.    LIMITATION OF LIABILITY
XII.    INFORMATION YOU PROVIDE OR POST ON THIS SITE
XIII.    AUTOSOFT’S USE OF PERSONAL INFORMATION
XIV.    GENERAL


I.    ACCESSING THE SITE AND ACCOUNT SECURITY

By accessing or using the Site, you are indicating your agreement to be bound by the Terms applicable to such access or use, and by purchasing Supplies, you are agreeing to be bound by the Terms applicable to such purchases. If you do not agree with these Terms, do not use this Site or purchase Supplies.

CERTAIN AUTOSOFT WEB SITES, INCLUDING BUT NOT LIMITED TO PASSWORD PROTECTED SITES, CONTAIN TERMS OF USE IN ADDITION TO, OR DIFFERENT FROM, THESE TERMS, AND THE TERMS OF USE POSTED ON SUCH OTHER WEB SITES SHALL APPLY TO YOUR USE OF THOSE SITES.

Our products and services are marketed to, and directed towards purchase by, adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use this Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on the Site. Should we learn that someone under the age of 13 has provided any personal information to or on the Site, we will remove that information as soon as possible.


We reserve the right to withdraw or modify this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, which may be accessed by the link at the bottom of the page , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

II.    PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms. Further, you agree not to use the Site:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
  • to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • to impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

Additionally, you agree not to:

  • use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • copy or download any user's account or profile information for the benefit of any third party;
  • use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • use any device, software or routine that interferes with the proper working of the Site.
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AutoSoft.
  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • otherwise attempt to interfere with the proper working of the Site.

III.    PURCHASES OF SUPPLIES

Upon our acceptance of your order for Supplies, a binding contract for the purchase and sale of the Supplies will be formed between us and you, which shall incorporate all the Terms set forth herein applicable to such purchases. Any attempt to alter these Terms or to enter an order for Supplies that are subject to additional and/or altered terms and conditions are considered null and void.

The Supplies offered for sale on Site may contain descriptions that are provided directly by the manufacturer, developer or distributor of such item. We do not represent or warrant that the descriptions of such Supplies are accurate or complete. IF YOU PURCHASE SUPPLIES FROM US THAT ARE NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH SUPPLIES IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE IN ACCORDANCE WITH THESE TERMS.

A.    ORDER ACCEPTANCE
All orders for Supplies  are for use and delivery within the United States. ALL ORDERS PLACED BY CUSTOMER ARE SUBJECT TO ACCEPTANCE BY US.

B.    DELIVERY
Delivery shall be subject to our Lead Times and Shipping, and Returns terms below.

C.    LEAD TIMES AND SHIPPING
One of our most important goals is to get your order in your hands as soon as possible. We strive to fulfill orders quickly, and we use only trusted shippers to deliver your products safely, every time.
Please note that Supplies have varying lead times, which term refers to the length of time it takes to produce the order before shipment. Many Supplies that don’t require customization will be shipped the same day, but other custom Supplies, with complex production requirements, may need up to six weeks of lead time. The lead time of each product is listed on its respective product page on the Site for quick reference. You can also refer to your order confirmation email to see the predicted lead times of Supplies that you have ordered.
After your Supplies have shipped, you will receive a shipment notification email containing your tracking number. You can use that tracking number to get a detailed tracking status at the shipping carrier’s website. The risk of loss and title for all Supplies purchased from the Site pass to you upon delivery of the Supplies to the carrier.
If at any time you have concerns about your order, give us a call and we’ll verify its current status. You can find our contact information in the footer of any page of Dealermarket.com.

D.    RETURNS

i.    Non-Custom Stock Products.
Once you receive your order, please check it thoroughly and contact us right away if there is a problem. You can find our contact information in the footer of any page of the Site. You must notify us of any issues you have with your order within thirty (30) days of receiving it. We’ll then issue you a factory return authorization, depending on the nature of the return. Please don’t return any product to us without return authorization. If you are returning a product because of an error we made, we will pay for return shipping and refund you the full amount of your order.
You are more than welcome to return any non-custom product to us if you don’t need it and it is in a condition that we determine allows for it to be resold. Please note we will charge a restocking fee of ten percent (10%) of the value of the order, and you will be responsible for return shipping charges. NOTE: you will not be charged a restocking fee OR return shipping if you are returning your order due to our error.

ii.     Custom Imprinted Supplies
As with stock product orders, please check your custom order completely once you receive it, and contact us if there is any problem at all. Again, you can find our contact information in the footer of any page of the Site. You must notify us of any issues you have with your order within thirty (30) days of receiving it. We’ll then issue you a factory return authorization, depending on the nature of the return. Please don’t return any product to us without return authorization.
Due to the custom nature of many of our Supplies, we can’t accept returns of custom imprinted Supplies due to errors made by the person ordering the Supplies.

We reserve the right to deny any return.

E.    REFUNDS

Refunds will be made in the same form of payment used for the purchase. Refunds for credit card purchases will be applied only to the card used for the original purchase. Customers who purchased on account will be issued a credit memo.  Any such return is subject to verification.  After the return timeframe has expired, please refer to the manufacturer's warranty.

F.    PRICING

Although we strive to maintain our pricing, we reserve the right to change prices and limit quantities, including due to changes in market conditions.
The price for an item on the Site may differ from the price shown in your shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Site. If the price for the item on the Site is incorrect and is higher than the price provided at the time of purchase, then, in our sole discretion, we may either (i) contact you for instructions before shipping the item or charging you for such item; (ii) cancel the order for such item and notify you of such cancellation; or (iii) ship the item at the incorrect price for your benefit.

G.    TAXES

You shall be responsible for any state or local tax (excluding taxes based on our income or profits) that results from the transfer of title or sale or delivery of the Supplies purchased by you unless a valid and accurate tax exemption certificate is furnished to us before placing order.

H.    PAYMENT

Payment is due at time of purchase unless a business account has been established for open credit.  Late payments shall be assessed a late payment charge at the lesser of 1.5% per month or the maximum percentage allowed under applicable law.

I.    CREDIT LIMITS

Credit limits and terms shall be subject at all times to our credit policies and procedures, as amended from time to time.

J.    NOT FOR RESALE

Supplies purchased on this Site are not intended for resale. We reserve the right to limit quantities and to refuse orders made from automotive dealership product distributors. You agree and represent that you are buying Supplies for your own internal business use only, and not for resale.

K.    RESERVATION OF RIGHTS

We reserve the right to change these Terms at any time without notice.

IV.    PRIVACY

We respect the privacy of our customers and users of this Site.  Our Privacy Policy may be accessed by the link at the bottom of the page. You acknowledge that you have had the opportunity to read our Privacy Policy and agree to abide by its provisions.

V.    COPYRIGHTS AND LIMITATIONS ON USE

All content on this Site, including site layout, design, images, programs, text and other information (collectively, the “Content”) is the property of AutoSoft and its affiliated companies or licensors and is protected by copyright and other intellectual property laws. You may not copy, display, distribute, modify, publish, post, reproduce, store, transmit, “mirror”, create derivative works from, or sell or license all or any part of the Content, products, Supplies or services obtained from this Site in any medium to anyone, without the prior express written permission of an authorized representative of AutoSoft. You may print or download Content from the Site only for your own non-commercial use, provided that you keep intact all copyright and other proprietary notices and do not post the Content on any network or broadcast in any media. You are not permitted to modify any Content that you access from your use of this Site. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written permission of an authorized representative of AutoSoft. Nothing on this Site shall be construed to convey any license in or to any of AutoSoft’s or its third party licensors’ intellectual property rights.

We assume no responsibility for researching or authenticating the rights held by Customer to any trademark, as it relates to any design or logo reproduced on behalf of Customer. Any and all liability for any act of trademark infringement resides with Customer, and Customer shall indemnify us against any and all actions resulting from trademark issues.  Further, Customer represents, warrants and guarantees that it is the lawful owner or authorized user of all materials submitted to us and that such materials do not infringe upon the property, intellectual property or other rights of others. Customer represents that there are no outstanding disputes in connection with the property, intellectual property or other rights in any such submitted materials or any parts thereof. In the event that we are to embroider or imprint at the request of Customer any materials  provided by Customer, Customer hereby represents that such materials are being produced with the knowledge and consent of the individual or entity having the rights thereto. Upon request, Customer shall provide written evidence of authority to produce such materials to us. Customer agrees to indemnify, defend and hold harmless AutoSoft, its owners, officers, directors, employees, agents and licensors ("Indemnitees"), from all liability, loss, damage, or injury which any Indemnitees may suffer as a result of the use of said materials. The obligation of Customer shall extend to the payment of all judgments, awards, losses, liabilities, costs and expenses, including but not limited to attorney and legal fees, and costs of litigation or other out-of-pocket costs as a result of the reproduction of the materials requested by the Customer.

You agree you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (i) continuously and automatically search or index any Content, unless authorized by us; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site. If this Site contains robot exclusion files or robot exclusion headers, you agree to honor them. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to AutoSoft.
You may not, without the approval of AutoSoft, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services.

The permissions granted to you herein automatically terminate without notice if you fail to comply with these Terms in your use of this Site. Any unauthorized use of any Content may be a violation of copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes. AutoSoft has zero tolerance for infringement of its intellectual property rights and will zealously take action to protect its rights.

VI.    LINKS

The Site may contain links to other sites which are not under the control of, or maintained by, AutoSoft. AutoSoft is not responsible for the content of those sites, does not endorse those sites or the content and material contained therein, and provides links to you only as a convenience. Web sites of other parties, including those of AutoSoft’s affiliates, may have different terms and conditions, so please be careful to review those terms on such other web sites.

VII.    TRADEMARKS

Dealermarket.com, AutoSoft, Fueled by AutoSoft,  and each of our trademarks, logos, and service marks (“Marks”) on this Site are the property of AutoSoft or other third parties and you are not permitted to use these Marks without the prior written consent of AutoSoft or such third party. Without limiting the foregoing, no Mark may be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.

VIII.    ARTWORK

All artwork, type, plates, dies, tooling, negatives and other preparatory items, when fabricated or procured by us, shall, as between you and us, remain our exclusive property, notwithstanding any expense or preparation fee charged to Customer, and no use of the same shall be made by Customer without our express prior written consent.

IX.    LIMITED WARRANTIES

We warrant that we are either the legal and rightful owner of the Supplies or are duly licensed and/or authorized to sell and/or distribute Supplies being purchased. All Supplies delivered will be free and clear of any and all encumbrances. You acknowledge that we are not the manufacturer of Supplies and that, other than as expressly set forth in these Terms, any warranty with respect to the Supplies must come from the manufacturer.  We will pass through to you any applicable manufacturer warranties, to the extent transferable.  THIS WARRANTY SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY AND ALL PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR OTHER WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. WE DISCLAIM ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

CONTENT, INFORMATION, AND MATERIAL ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILTY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER AUTOSOFT NOR ITS AFFILIATES MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTEE (A) THAT THIS SITE WILL BE UNINTERRUPTEDOR ERROR FREE OR THAT ANY INFORMATION, CONTENT, OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) REGARDING THE OPERATION OR PERFORMANCE OF THIS SITE; (C) REGARDING THE NATURE, OR ACCURACY OF ANY CONTENT, MATERIAL, OR PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED, OR ACCESSED FROM THIS SITE OR ANY THIRD PARTY SITE; (D) ANY PRODUCT OR SERVICE PURCHASED ON OR THROUGH THIS SITE OR ANY THIRD PARTY SITE OR OBTAINED AS A RESULT OF ANY INFORMATION ON THIS SITE; OR (E) THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY AUTOSOFT, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES THROUGH THIS SITE SHALL CREATE ANY WARRANTY.

X.    DISCLAIMERS

The Content and materials of this Site may include inaccuracies or errors and AutoSoft may make improvements and changes to the products or services described in this Site at any time, without notice. AutoSoft periodically changes, but makes no commitment to update, this Site.

XI.    LIMITATION OF LIABILITY

AUTOSOFT IS NOT LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THIS SITE. TO THE EXTENT PERMITTED BTY LAW, IN NO EVENT WILL AUTOSOFT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFTS, USE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR BACKUP AND PROTECTION OF YOUR DATA AND YOUR USE OF THIS SITE AND WILL NOT MAKE ANY CLAIM AGAINST AUTOSOFT OR ANY AUTOSOFT AFFILIATE IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR THE CONTENT AND MATERIALS CONTAINED HEREIN. YOU WILL NOT BRING ANY LEGAL ACTION AGAINST AUTOSOFT OR ITS AFFILIATES IN CONNECTION WITH, AND WILL HOLD AUTOSOFT AND ITS AFFILIATES HARMLESS FROM AND AGAINST, ANY CLAIMS BASED ON YOUR USE OF THIS SITE. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, AUTOSOFT’S LIABILITY FOR ALL SUPPLIES PURCHASED BY YOU SHALL BE LIMITED TO THE REPLACEMENT VALUE OF THE SUPPLIES.

XII.    INFORMATION YOU PROVIDE OR POST ON THIS SITE

Except for information which AutoSoft expressly agrees to treat as confidential, any communication, material or information that you transmit or post to this Site will be deemed non-confidential. By posting any information or material on this Site, you represent that you own all proprietary rights over such information or material and grant AutoSoft a perpetual, royalty-free license to use, display, reproduce, distribute, modify, and make publicly available such material or information for any commercial or non-commercial use. You represent that you will not submit to, or post on the Site, in any form any materials including, but not limited to text, photos, graphics, likeness of a person, product, logotype or any other device or any of combination of these elements incorporated as a design, or part of a design, that are libelous, vulgar, defamatory, unlawful, threatening, obscene, or pornographic, indecent, libelous, tortuous or otherwise objectionable, or invasive of another's rights, or that would constitute or encourage a criminal offense, or that would otherwise create liability. AutoSoft reserves the right to remove, without notice, any unlawful or offensive information posted on this Site.

XIII.    AUTOSOFT’S USE OF PERSONAL INFORMATION

AutoSoft’s collection and use of personal information is governed by AutoSoft’s Privacy Policy, available by link at the bottom of this page, which is incorporated by reference into these Terms.

XIV.    GENERAL

Except with respect to Supplies purchased from us on this Site, AutoSoft’s obligations regarding AutoSoft products and services are governed by the terms of the agreements under which they are sold or licensed. If any court finds that any provision of these Terms is illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. These Terms are not assignable by you, in whole or in part, to any third party and any attempt by you do so shall be void and of no force and effect.  AutoSoft reserves the right to change these Terms, at any time and without notice, by posting the revised Terms on this Site. You should frequently review these Terms. If you continue to use this Site after changes to these Terms are made, you are indicating your agreement to the changes. If you violate any of these Terms, AutoSoft reserves the right to terminate or suspend, in whole or in part, without notice, your access to this Site. These Terms are governed by the law of the Commonwealth of Pennsylvania.  In the event that any Customer instruction, request, purchase order or any other information and/or documentation submitted by Customer may contain terms and conditions in addition to or different from the terms and conditions herein, Customer agrees, by so submitting its order or by accepting Supplies, that the language of these Terms shall solely and exclusively control. Any and all new or additional terms contained on any Customer instruction, request, purchase order or any other information and/or documentation submitted by Customer is hereby expressly and completely rejected. Acceptance of Customer's order for Supplies is expressly limited to these Terms. By submitting an order, requesting to purchase any Supplies, or taking receipt of Supplies, Customer consents to the exclusive jurisdiction and venue of the courts located in the Commonwealth of Pennsylvania for any legal action connected in any way to these Terms or use of this Site. You and AutoSoft waive any rights to a jury trial for any claim or cause of action arising out of these Terms or use of this Site.

AutoSoft Inc. Terms and Conditions (Rev. February 2014)