Terms of Use

SeeDealerCost.com Terms of Use

                                                                                 June 8, 2016
 
By clicking that you accept these Terms and Conditions of Use of  SeeDealerCost.com you agree to a legally binding contract between you, the user, Dealer,  or Manufacturer, and Pay Dealer Cost™, Inc. ("Company" "SeeDealerCost™", "We" or "Us").Pay Dealer Cost™, Inc. owns and operates the SeeDealerCost.com Website, ("Site"), the software and other services offered on or through the Site (collectively, the "Services"). You acknowledge that you have legal authority to enter into this contract. "User" includes all visitors to the Site, and those registered with the Site.  
 
See Dealer Cost™ reserves the right to change, modify, add, or remove portions of these terms at any time. You agree to check these Terms and Conditions (“Terms”) periodically for changes. Your continued use of our website following the posting of changes to these Terms, including the Privacy Policy, will mean you accept the changes. You represent and warrant to SeeDealerCost™ that you will fully comply with our Terms and Conditions of Use, and Privacy Policy. If you do not agree with the Terms, please do not use the Site. The Terms outline the legal obligations of Company and you, the user, and also outline what you can and cannot do while accessing the Site and Services.
 
Our Privacy Policy outline our policies to respect the privacy and enjoyment of users. Please be sure to read our Privacy Policy. These are incorporated by reference into the Terms of Use. Please be aware that we offer a comparative pricing service to allow you to compare and shop from dealers and manufacturers. These Dealers and Manufacturers receive your personal information when you submit a request or search for pricing comparisons in their region. Please refer to our Privacy Policy for more details. 
 
Pay Dealer Cost, Inc. provides an online tool for consumers to obtain estimated pricing and cost. All such information displayed on the site is gathered from sources and/or based on algorithms or estimates. No assurance can be given that this information is accurate, complete or current. While Pay Dealer Cost, Inc. tries to provide accurate and complete information, we do not guarantee its accuracy. The pricing and cost information is provided only for general use and is not intended to furnish advice or a recommendation specific to your requirements. You should not rely on any Pay Dealer Cost, Inc. information to make or decline to make any specific purchase or decision. We do not warrant the accuracy of, or assume responsibility for errors or ommissions in, the information, advice, recommendations or guidance provided on the site.
 
Our goal is to create the best resource for comparing prices for Marine, Powersports and Recreational Vehicles. We provide an informational service only. If you violate the letter or spirit of our Terms, or otherwise create risk or possible legal exposure for SeeDealerCost™, we can stop providing all or part of SeeDealerCost™ to you at any point. All information provided through our Services, including but not limited to prices, incentives, and rebate information, are collected from various third party sources and or algorithms  which we believe to be reliable; however, SeeDealerCost™ cannot and does not assure the accuracy, current, completeness, or reliability of this information, or that it will be free of errors or omissions.  IT IS YOUR SOLE RESPONSIBILITY to research third parties, and details of products, and services offered through SeeDealerCost™. Before making a purchase of any vehicles, boats or other goods or services you have read about on Seedealercost.com, you should confirm with the dealer or vendor any information that is important in your decision including the price and available incentives or rebates.
 
Currently our Site and Services are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws. This Site is directed at those over the age of 18.
 
Registration and Membership. In order to participate in our Services,you will need to register for an account membership. We will ask for your name, company name, email address, address, and phone number.  You agree not to provide any false information on the Site or to create an account for anyone other than yourself. Your account is personal to you, which means that you are not authorized to
transfer, loan, give or sell your account membership. It is your responsibility to keep your account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify SeeDealerCost™ immediately if there is any unauthorized use of your account. You agree to keep your contact, account information and Profile up dated and accurate. For your privacy and security, we highly recommend that you use a longer password with at least 10 digits, consisting of a mix of lower and upper case letters including numbers and signs like $%#&*(). 
 
Pricing. We currently do not charge a fee for our Services. Once you register with our Site, you have full access to all of our Services. You manage your settings by clicking on My Account. If you experience a problem accessing your Account or Account Settings, please email us at support@SeeDealerCost.com. Our pricing and features are subject to change upon 30 days notice, with such notice provided at any time by posting the changes to the Site and by emailing you of a change in pricing.
 
Rights and Restrictions on Use.You shall use the Site and Services for lawful purposes only. You shall not post or transmit any material that (i) violates or infringes in any way upon the rights of others including but not limited to, any intellectual property rights, the right of privacy, or publicity; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, sexually explicit, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) is false, inaccurate or misleading, or will result in harm, or injury to person, animal, or property. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services; (iii) create liability for SeeDealer, or cause SeeDealer to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site. You further agree that you will not use the Site or Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of any kind, unless expressly authorized to do so by SeeDealer. We reserve the right to refuse service to users for any reason. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or Content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability.
 
Limited License To Access and View Content. Except as expressly authorized herein, with respect to material, text, photos and any and all information ("Content") uploaded or displayed on this Site or transmitted through this Site, you shall not: (i) copy, resell, redistribute, retransmit, republish, license, transfer, or copy any Content for any purpose (ii) re-engineer, modify, or create any derivative work; (iii) remove or obscure any intellectual property notices; or (iv) hold yourself out as the owner or creator of the Content unless you are the owner or licensee of such Content.
 
LINKING SITES. Links in the Site may allow you to leave the Site. Linked sites are not under our control and we are not responsible for the content available there. We are providing these links to other websites as a convenience to you, and access to any other website linked to the Site is visited at your own risk. This includes but is not limited to links to Dealer's and Manufacturer's products and websites. The inclusion of a link on the Site does not imply a recommendation or endorsement by SeeDealer of the linked website or its products. We provide an informational directory service only. This applies to all affiliates and advertisers, as well. Please refer to the terms of use and privacy policy for each site visited.
 
Mobile Access. Our Site is accessible for viewing on mobile devices. We don't charge for viewing our Site, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy.  Under no circumstances will we be responsible for any wireless usage charges incurred by a user.
 
DISCLAIMER OF WARRANTIES. THE MATERIALS AND THE INFORMATION OFFERED ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEEDEALER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE AND SERVICES. SEEDEALER  DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS, SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT SEEDEALERCOST™) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, SEEDEALER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED EITHER BY SEEDEALER, ADVERTISING PARTNERS (AFFILIATES) OR ADVERTISED ON THE SITE. AS A SERVICE TO YOU, SEEDEALER PROVIDES ACCESS TO THIRD PARTY AFFILIATES, ADVERTISERS, DEALERS, AND MANUFACTURERS, THAT OPERATE INDEPENDENTLY OF SEEDEARLERCOST™, AND ASK THAT YOU REVIEW THEIR COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THEIR TERMS AND CONDITIONS AND PRIVACY POLICY. YOU AGREE THAT NEITHER SEEDEALER, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY PROVIDERS, AFFILIATES, DEALERS NOR ADVERTISERS, DEALERS AND MANUFACTURERES ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, SERVICE, INFORMATION OR OPINIONS PROVIDED ON AND THROUGH THE SITE AND SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
 
LIMITATION OF LIABILITY AND INDEMNIFICATION.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES AND YOUR RELATIONSHIP AND COMMUNICATIONS WITH USERS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SEEDEALERCOST™, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY PROVIDERS, AFFILIATES, ADVERTISERS, AND DEALERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES OR PRODUCTS PROVIDED BY SEEDEALERCOST™. THE ENTIRE LIABILITY OF SEEDEALER, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED AGENTS, THIRD PARTY PROVIDERS, AFFILIATES AND ADVERTISERS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
 
SeeDealerCost™ reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with SeeDealerCost™ in the defense of any such claim, action, settlement or compromise negotiations, as requested by SeeDealerCost™.
 
GENERAL RELEASE. IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, OR USER(S) AND DEALER(S) OR MANUFACTURERS, YOU RELEASE SEEDEALERCOST™, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS FROM CLAIMS. You understand and agree that some of the products advertised on our Site can cause serious bodily injury and harm, and that SeeDealerCost™ is not liable for any harm or injuries arising from or related to the use of any products, or Services offered through our Site. You bear full and sole responsibility for your use of any products or Services.
 
Intellectual Property and Copyright Notice. This site is controlled and operated by SeeDealerCost™. Our software, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, video files, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by SeeDealerCost™ or owned by other parties who have licensed their intellectual property to Us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners. You agree that the Site's and Service's Intellectual Property may not be used without the express written permission of SeeDealerCost™. You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site, Services, or users, or is likely to cause consumer confusion. Except as expressly authorized herein, material from the Site and Services may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.
 
Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your membership and refuse to provide our Site and Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to Us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss, injury or legal liability for you, our users, contestants, or SeeDealer, and its officers, directors, employees, agents, distributors, affiliates andthird party suppliers. We can also terminate this Agreement at any time, with or without cause.
 
Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of North Carolina, without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in Fairfax, Virginia and the Northern District of Virginia. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
 
Minors. We do not knowingly collect information from anyone under the age of 18. Our Site is directed at those who are over the age of 18. If someone is under the age of 18, they should only use this Site under the supervision of an adult or parent, and should not submit any information to this Site.
 
Entire Agreement. These Terms of Use, including the Privacy Policy, constitutes the entire agreement between you and SeeDealer. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intent of SeeDealerCost™. Any provision which must survive in order to allow SeeDealerCost™ to enforce its meaning shall survive the termination of this Agreement.
 
Assignment and Succession. Notwithstanding any other provision of these Terms, SeeDealer, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
 
Termination. You may cancel your registration/membership at any time by writing to us at support@SeeDealerCost.com or P.O. Box 8699, Greenville, N.C., 27835. Within a reasonable period of time from your cancellation, all of the information you submitted to our Site will be deleted from our active databases, but may remain in our archives, particularly if required to be stored for legal purposes. Any information submitted by you in the form of quote requests, or directly to Dealers or Manufacturers may not be removed or deleted by these Dealers or Manufacturers, as this information is not controlled by SeeDealer. Upon cancellation or termination, the Terms will remain in effect and legally binding, without limitation. SeeDealerCost™ may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You agree that if your account is terminated for any reason, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated, you shall indemnify and hold SeeDealerCost™ harmless for any and all liability that we may incur.
 
Notice. Unless otherwise indicated, please direct notices to  888-780-2678 or support@seedealercost.com, P.O. Box 8699, Greenville, N.C., 27835.
No Commercial Use. You understand and agree that you are not to use this Site for commercial purposes of any sort, without previous written approval by SeeDealer. If you have any questions, please email us.
 
Compliance With ADA. It is our goal to comply with the ADA, making access to our services available to as many people as possible. If you have any suggestions to make access to our Site easier, please contact us, as we continue to improve our services and products.
 
These Terms and Conditions of Use, including the Privacy Policy referenced herein, can change at any time without notice. However, in the event of a substantial change, we will notify you by email. It is your responsibility to review these Terms and the Privacy Policy, both of which are available at www.SeeDealerCost.com.
 
Indemnity and Hold Harmless
We are not responsible for the accuracy, quality, safety, legality, intellectual property compliance, privacy policy or Content of any information, product or service offered by users, vendors, advertisers, promotional or business partners or any third-party sites, and you irrevocably waive any claim against SeeDealerCost.com and its officers, directors, employees, representatives, agents, licensors and licensees with respect to the same. SeeDealerCost.com does not guarantee such accuracy, and makes no representations regarding the use or results of use of any Content on this site in terms of its accuracy, reliability or any other matter. You assume the risk of their use and the entire cost of all necessary loss, servicing, repair or correction as a result of their use.
You agree to hold SeeDealerCost.com and its officers, directors, employees, representatives, agents, licensors and licensees harmless from any and all claims, demands, attorneys’ fees, damages (actual and consequential) of every kind or nature, known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of any information at this site, any transaction occurring through this site, the safety or quality of any goods or services purchased or sold through this site, or the truth or accuracy of any claim made about such goods or services. California residents expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center at (800) 952-5210 or dca@dca.ca.gov of the California Department of Consumer Affairs for consumer inquiries, or you may write to the Department of Consumer Affairs at the following address: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834.
You also agree to indemnify, defend and hold SeeDEalerCost.com and its officers, directors, employees, representatives, agents, licensors and licensees harmless from any loss, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website, your breach of these Terms of Use or the documents that it incorporates by reference, or your violation of any law or the rights of any third party in connection with your use of this site.
 
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