Terms Of Use
The terms set forth in the paragraphs that follow should be read together with DealerPointe, LLC’s (“The Company”) Privacy Policy, which together set forth the terms and conditions for use of the Company’s services. The Company reserves the right, in its sole discretion, to modify these Terms of Use Agreements at any time. The Company encourages you to refer to this policy and the Privacy Policy on a frequent basis so that you understand our policies.
1. Introduction
Please read and review carefully these terms, conditions, and notices (the “Agreement”), which govern use of The Company’s services and website. Your use of any of the services offered by The Company constitutes your binding consent to all such terms, conditions, and notices.
2. Description Of Services
DealerPointe, LLC is a provider of Retail Automotive Finance and Insurance products/services, Retail Automotive Consulting. The Retail Automotive Finance and Insurance products/services we provide are backed by top-rated insurance companies that offer superior customer service and claims administration. Additionally, we specialize in all areas of reinsurance structures and Retail Automotive Dealership compliance.
3. Logos, Trademarks, And Content
All the Company’s Logos, Trademarks, and Content are the exclusive property of the company and may not be reproduced, published, uploaded, or distributed, in whole or in part, without the express prior written consent of The Company.
4. Disclaimer Of Warranties And Limitation Of Liability
In no event will The Company or its directors, officers, employees, affiliates, or agents be liable to you or any third party for any incidental, indirect, special, or consequential damages (even if The Company has been advised of the possibility of such damages), arising out of your use of or inability to use The Company’s Services. This includes without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, or all other damages or losses that result from mistakes, omissions, errors, or any failure of performance, whether limited to acts of God, theft, destruction, or unauthorized access to The Company’s records, programs, or services. Under no circumstances, including but not limited to, negligence, shall The Company (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third-party agents) be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, provided as part of the Services. These limitations apply regardless of whether the party liable was advised, had other reason to know or in fact knew of the possibility of such damage. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY TO YOU BE MORE THAN THE TOTAL AMOUNT YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. THIS LIMIT ON LIABILITY ALSO APPLIES TO THE COMPANY’S PARENTS, SUBSIDIARIES, EMPLOYEES, DIRECTORS, DISTRIBUTORS, AND LICENSORS.
5. Indemnity
You hereby agree to, at your own expense, indemnify, defend and hold The Company harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to the following: (a) a third-party claim, action, or allegation of infringement based on information, data, files, or other content submitted by user; (b) any fraud, manipulation, or other breach of this agreement by a user or user(s); and/or (c) any third-party claim, action, or allegation brought against The Company or related company arising out of or related to the use of The Company. Further, The Company will have the right to participate in its defense and hire counsel of its choice, at your expense. User will not settle any action or claims on The Company’s behalf without the prior written consent of The Company.
6. Amendments
DealerPointe, LLC reserves the right to amend the terms of use at any time, with or without notice, in its sole discretion. Any amendments shall be effective immediately upon their inclusion or deletion.
7. Miscellaneous
The laws of the State of North Carolina govern this Terms of Use and in the event of a dispute between you and DealerPointe, LLC, the Superior Court for the State of North Carolina venue in Wake County and the United States District Court for the District of North Carolina venue in Raleigh shall have co-exclusive jurisdiction to resolve such a dispute.