DealerRater Terms of Use

Last updated December 19, 2019

Thank you for visiting DealerRater.com (the "Site"), which is owned and controlled by DR Media Holdings, LLC ("DealerRater" "Us" or "We"). The "Site" also includes any version of this Site that is optimized or configured for use by mobile computing devices such as smartphones and tablets, as well as mobile applications. These Terms of Use ("Terms") govern your access to and use of the Site, so please read them carefully. By using the Site, you hereby agree that you are at least eighteen (18) years of age and you acknowledge that you have read and agree to be bound by these Terms of Use and the DealerRater Privacy Policy and the California and Nevada Privacy Notice. You also agree to comply with applicable laws and regulations. If you are using the Site on behalf of a company or other legal entity, you agree to be bound by these Terms even if we have separate agreement with you. You may not use the Site if you do not agree to the version of the Terms posted on the Site at the time you access the Site. You may wish to print this page for reference.

General Provisions
The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information – whether we have produced the Content (as defined below) or have received it as the result of a Submission or Dealer Review (each as defined below) – errors may appear from time to time. Before purchasing a vehicle or finding a service department you've seen on this Site, you should investigate any information (dealer reputation, price, etc.) that is important to your purchasing decision. We are not responsible for, and do not guarantee the accuracy of, any Content, Submission, or Dealer Review. You are free to browse the Site for your personal, non-commercial use. Any other reproduction of the Content is strictly prohibited. Further, you may not use the Site to solicit or advertise in any manner.

Account Registration
While you may access the Site without registering, you may be required to register in order to use some features of the Site or the DealerRater Services. As part of the registration process, you will be asked to create a screen name and password, as well as provide a valid email address and zip code. ("Registration Data"). You may update your Registration Data at any time while logged into your account by clicking the My Tools link located at the top of the page. Failure to provide a valid email address may result in immediate suspension or termination of your account. In the event you register for an account, you agree that your account is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access your account.

You agree to promptly update your profile if any of your Registration Data changes and inform us if you know of or suspect unauthorized use of your account or the Site.

Content
DealerRater provides valuable content to our Site visitors concerning the quality and reputation of car dealers, the pricing of vehicles and services, as well as other subjective information like friendliness and overall rating of a consumer's experience. All content on the Site and/or otherwise distributed or made available to you by or on behalf of DealerRater, including software, applications, ratings, audio, text, graphics, logos, button icons, video, and images, and the selection and arrangement of such content ("Content") is the exclusive property of DealerRater, its licensors, or the provider of such Content and is protected by U.S. and international copyright and trademark laws. "Content" also includes Submissions and Dealer Reviews (each as defined below). All rights not expressly granted are reserved.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site, including without limitation dealer reviews and ratings, for any public and/or commercial use without the prior written permission of DealerRater.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of DealerRater or its employees, licensors, independent contractors, providers and affiliates without the prior written permission of DealerRater or as authorized in accordance with the terms of being a Certified Dealer, or: (i) in, as, or as part of, your own trademarks or those of any third parties; (ii) to identify non-DealerRater products or services; or (iii) in a manner likely to cause confusion or that implies that DealerRater sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.

Marks and logos used on this Site (including, without limitation, DEALERRATER, DEALERRATER Logo, ACTIVE DEALERRATER CERTIFIED Logo, 360CERTIFIED, DEALERRATER REVIEWS DRIVE BUSINESS, CERTIFIEDESSENTIALS, 360CERTIFIED) and other marks used on this Site ("Marks") are trademarks and/or registered trademarks of DealerRater.com, LLC or DR Media Holdings, LLC in the United States and/or other countries and may not be used without the express written permission. Other marks appearing on the Site are the property of their respective owners.

Submissions
In the event you choose to post or submit feedback, materials, information, ideas, opinions and other content ("Submissions"), and unless we indicate otherwise, you grant DealerRater a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any mode and all forms of media whether now known or later developed. You grant DealerRater and its sublicensees the right to use your screen name and any other name that you submit in connection with such Submissions and your geographical location to attribute authorship of Submissions to you. You hereby waive your "moral rights" in your Submissions, to the extent they can be waived, under any existing or future law of any jurisdiction. You represent and warrant that: (a) you own or otherwise control all of the rights to the Submissions that you post and/or submit; (b) the Submissions is accurate; (c) the use of the Submissions you post and/or submit does not violate these Terms; and (d) the Submissions will not cause injury to any person or entity. DealerRater takes no responsibility and assumes no liability for any Submissions posted by you or any third party.

You are solely responsible for your Submissions. You assume all risks associated with use of your Submissions, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in the Submissions that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of your Submissions as described herein. You may not imply that your Submissions is in any way sponsored or endorsed by DealerRater.

In connection with and as part of the Submissions, the Site allows visitors to rate dealers by submitting reviews and ratings of specific dealers and their experiences with such dealers (collectively, "Dealer Reviews") and/or read reviews and ratings of dealers submitted by other visitors of the Site. In order to submit a Dealer Review you must first register with the Site. DealerRater is not liable for any statements, representations, descriptions, comments, or opinions provided in Dealer Reviews on the Site. Reviews are displayed for entertainment and informational purposes only. DealerRater cannot guarantee the accuracy, integrity, or quality of Dealer Reviews. Under no circumstances will DealerRater be liable in any way for any Dealer Review, including, but not limited to, any errors or omissions in any Dealer Review, or any loss or damage of any kind incurred as a result of the use of or any Submission as part of such Dealer Review.

DealerRater generally does not review Submissions prior to posting on the Site, provided, that DealerRater shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all Submissions and may remove or require the removal of any and all Submissions for any reason, provided that DealerRater and / or a dealer may review Submissions prior to posting where such Submissions relate to certain dealer programs. In addition, DealerRater may edit, modify, or otherwise alter your Submissions for length, clarity, or to make sure it conforms to our Community Guidelines with no notice and at DealerRater's sole discretion.

You grant to us an exclusive, royalty-free, perpetual, irrevocable, worldwide license to use your picture, portrait, photograph, videos, likeness and other renderings or images of you that you upload or provide to us ("Photos") in all forms of media, including without limitation photographs, video, print advertisements, newsletters, brochures, websites, social media sites, and all other media now known or later developed (collectively, "Media") and in all manner, including electronic, Internet, social media and other online Media and/or composite representations, for advertising, promotion, trade, training or any other lawful purposes. You further waive any right to inspect or approve the finished product or versions of the Photos, including written copy that may be created in connection therewith. You expressly release DealerRater, its affiliates, agents, employees, licensees and assigns from and against any and all claims which you have or may have for invasion of privacy, defamation, violation of any right to publicity, or any other cause of action arising out of production, distribution, publication, broadcast or exhibition of DealerRater advertisements, promotions, content, programs and/or materials in which any portion of the Photos appear. The license rights and release set forth herein shall extend to any minors under the age of 18 that may appear in any of the Photos. You acknowledge and agree that any and all Submissions are public, and you have no expectation of privacy or confidentiality in any Submission by reason of any Submission via the Site.

Third Party Links
The Site may contain links to or otherwise allow connections to third-party websites, products, or services that are not owned or controlled by DealerRater. You agree that we are not responsible or liable for the content, policies or practices of any third-party websites or for any non-DealerRater products or services. Please consult any applicable terms of use and privacy policies provided by such third parties.

Limitation of Liability
DealerRater is not a party to or has any liability to any party with respect to any interaction or attempted interaction between a dealer and any Site visitor or author of any Submission or Dealer Review.

DealerRater shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Site, including the Content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, lost profits, business interruption, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all reviews, opinions, advice, services and other Content provided on the Site. You agree that access to the Site is provided on an "as is" basis. We do not control how frequently third-party search engines update their indexes, display Content, or how they order their search results; which is the sole responsibility of the search engines, third-party sites, and other such feed resources. If you are dissatisfied with any Content posted on the Site, your sole and exclusive remedy is to discontinue using the Site.

Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of Content, and any other information, content, or materials accessed through or obtained by means of the Site. Under no circumstances shall DealerRater or its affiliates, or their respective directors, officers, employees and agents, or any third-party supplier, provider, or licensor, including any provider of Content, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Site, even if advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the Content.

Some states do not allow the exclusion or limitation of liability for these kinds of damages, so the above limitations or exclusions may not apply to you.

Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify DealerRater's agent for notice of claims of copyright or other intellectual property infringement ("Agent"):

Any notice provided to our Agent should include the following:

The material on the Site that you claim is infringing or otherwise violates your intellectual property rights, with enough detail so that we may locate it on the Site;
A statement by you indicating that you believe in good faith that such use is not authorized under applicable law;
A statement by you declaring under penalty of perjury that (1) all information in your Notice is accurate, and (2) that you (or the individual or entity for whom you are validly authorized to act) are the owner of the copyright or other intellectual property right interest involved;
Your address, telephone number, and email address; and
Your physical or electronic signature.

Subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA) and other applicable law, DealerRater will remove the infringing posting(s) in its sole discretion.

Viruses; Security
DealerRater does not guarantee or warrant that the Site or any Content thereon will be free from infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties, nor can DealerRater provide any assurance that unauthorized persons will not be able access your computers, data or systems by means of the Site or systems or through use of e-mail addresses, user names or other Information or Content they may find on the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for system security, accuracy of data input and output and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches.

Even with the use of encryption, you acknowledge that the Internet is not a 100% secure medium and privacy cannot be guaranteed. Internet e-mail and review postings are or may become vulnerable to interception and forging. DealerRater will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to DealerRater through the Internet, or that you expressly or implicitly authorize DealerRater to make, or for any errors, data corruption or any changes made to any transmitted information.

Contact Information
Registered users of DealerRater must keep a current and up to date email address. DealerRater requires your email address in the event a Dealer Review requires further information, clarification, or accuracy verification and for use of the Site's messaging feature as further noted below. Failure to keep accurate contact information may result in the account becoming disabled and your reviews being removed. Certified Dealers, which are dealers that participate in one of DealerRater's programs, may also contact you through the Site's messaging feature. The dealer does not have access to your contact information unless you provide your prior consent. Your email address must be up to date in order for the Site's messaging feature to work and to allow Us to be able to contact you regarding your Dealer Review or other Submissions. Failure to acknowledge receipt of a communication by DealerRater support or from a dealer may result in your account being revoked and any Submissions being removed.

Reviews and Community Guidelines
Your use of the Site, the DealerRater Sevices, Content, Submissions, and Dealer Reviews are subject to our Community Guidelines.

Warranty Disclaimer
THE SITE (INCLUDING ALL CONTENT AND ANY OTHER PRODUCT, SERVICES, OR INFORMATION MADE AVAILABLE VIA THE SITE OR BY DEALERRATER) ARE PROVIDED "AS IS" AND "AS AVAILABLE." DEALERRATER DOES NOT WARRANT THAT THE FEATURES OR FUNCTIONS CONTAINED IN THE SITE OR THE SITE ITSELF WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DEALERRATER AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.

Terms Of Use Abuse Policy
DealerRater reserves the right to post a consumer warning about a dealer immediately and without warning for any violation of our Terms of Use and Community Guidelines, including any action intended to artificially inflate the dealership's review score or to defame another dealer and do harm to that dealer’s business. Dealers that submit reviews in a manner that does not adhere to our Terms of Use and Community Guidelines including but not limited to: writing a review about a competing dealer, submitting a review written by dealership employees or their family members, using a device owned or provided by the dealership to gather reviews, or using an outsourced company to submit reviews on behalf of the dealer are subject to this policy. Dealers found in violation of our TOU will have a warning message posted to consumers on their review page for six (6) months, Certified Dealer badges will be removed from the page, dealership employees who have achieved Employee Certification will be removed of that distinction, and the dealership will appear below all other certified dealers in zip code search results.

Indemnification
By using the Site, you agree to indemnify, defend and hold DealerRater, and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities arising out of your use of the Site, your violation of these Terms (including the Community Guidelines and the Privacy Policy), your violation of any rights of another, or any of your Content or your use of any Content. You are responsible for maintaining the security of your password and you are responsible for all statements or reviews made and acts that occur through the use of your account.

Updates to the Terms; Site
DealerRater has the right to modify these Terms and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail, conventional mail or text messaging. Your continued use of the Site following notice of any modification to these Terms shall be deemed an acceptance of all such modifications. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of DealerRater in providing the Site is to stop using the Site and terminate your account, if applicable.

In addition, DealerRater has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of access to any area of the Site. DealerRater may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Termination
DealerRater reserves the right to restrict, suspend or terminate your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If DealerRater terminates your access or use of the Site based on a breach by you of these Terms, DealerRater reserves the right to refuse to provide access to the Site to you in the future.

Privacy
Your use of the Site and the Content may involve the transmission of your Personal Information. Our policy regarding the collection and use of Personal Information is governed by the DealerRater Privacy Policy and the California and Nevada Privacy Notice, both of which are hereby incorporated by reference in their entirety.

Governing Law; Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. By using the Site, you specifically consent to jurisdiction in the Commonwealth of Massachusetts in connection with any dispute arising out of these Terms or pertaining to the subject matter hereof. You further agree that venue for any dispute arising out of these Terms or pertaining to the subject matter hereof shall be exclusively in the courts of the Commonwealth of Massachusetts or the United States District Court located in the Commonwealth of Massachusetts, as applicable.

These Terms constitute the entire agreement between you and DealerRater with respect to the Site and supersedes all prior agreements between you and DealerRater. Failure by DealerRater to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. In the event that any portion of these Terms is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

Contact Information
For general questions, you may email us at [email protected] or use our Online Contact Us form.

If you have any questions or comments about these Terms of Use, our Privacy Policy or California & Nevada Privacy Notice, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California, Nevada or other state law, please do not hesitate to contact us at:
Phone: 800.266.9455
Email: [email protected]

Finally, you may also mail us at:
     DealerRater
     300 S. Riverside Plaza
     Suite 1000
     Chicago, IL 60606

Last Updated — December 19, 2019