A CustomerFunding.com Dealer Membership gives you access to a wide array of dealer
products and services, including customer incentives, a customer relationship management
system (IdealTrack™), and many more products and services. Sign up today to
get full access to the benefits only given to our Dealer Partners.
BY REGISTERING WITH DEALERMEMBERNETWORK.COM (DMN) YOU AGREE TO BE BOUND BY ALL
THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE DEALERMEMBERNETWORK.COM IS PART
OF AND POWERED BY THE CUSTOMERFUNDING.COM, INC. FAMILY OF COMPANIES. ALL TERMS AND
CONDITIONS WILL FOLLOW UNDER THE EXISTING TERMS AND CONDITIONS OF CUSTOMERFUNDING.COM,
INC.
If you do not agree with the terms and conditions of this Agreement, do not complete
the registration process.
This Member Agreement ("Agreement"), including the Legal Notices and the Privacy
Policy, contains the entire terms and conditions that apply to your use of DMN /CustomerFunding.com,
Inc.'s services.
This Agreement may be modified from time to time. This Agreement supersedes
any prior agreements. The current version applies to your use of the DMN /CustomerFunding
Services.
1. Registration / Pricing
We require a registration/payment process so that you may choose a member name ("Member
Name" or "Login" or "Login Name"), and that we may permit to you the use and licensing
of the network membership, site and services. Your Member Name will be used to identify
you on DMN /CustomerFunding.com, Inc. You may log in to DMN /CustomerFunding.com,
Inc., use the Services or modify your information, only through your Member Name
and password. You may not have more than one account or Member Name, and only one
email address for your use of the "Limited Service". By registering, you certify
that all information payment or otherwise submitted is true and correct; otherwise
DMN /CustomerFunding.com, Inc. has the option of suspending your account with DMN
/CustomerFunding.com, Inc. Registration fees are non-refundable.
In consideration for your use of the DealerMemberNetwork sites and services, you
shall pay to DMN/CustomerFunding.com, Inc. a one-time fee of Two Hundred Dollars
and zero/cents ($200.00) payable upon the registration of your membership and payable
to CustomerFunding.com, Inc. and a monthly fee of Two Hundred Dollars and zero/cents
($200.00) payable by the first day of each month for that month’s use. Once you
complete the Automatic Credit Card or Bank Checking Account Authorization form,
you authorize CustomerFunding.com, Inc. to automatically charge the monthly fee
and other fees and costs incurred hereunder to your credit card or bank checking
account. We reserve the right from time to time, upon notice to you, to add, delete,
or modify our charges. Other fees and costs incurred shall be imposed by any other
services purchased whether it is ordering customer referrals (leads) or any other
goods and services.
You are responsible for maintaining the confidentiality of your password and for
any and all activities that occur under your Member Name and password. You agree
to notify CustomerFunding.com, Inc. immediately at dealerdept@customerfunding.com
of any unauthorized use of your account or any other breach of security you learn
about. To protect your privacy and the privacy of others, CustomerFunding.com, Inc.
uses Member Names to identify participants. We keep your email address and other
information strictly confidential. You should refrain from using identifiers in
choosing your Member Name and in your postings that would compromise your privacy,
such as your email address, URLs, full name, street address, telephone or fax numbers,
place of employment, etc.
* In consideration for "free leads" DMN/Customer Funding will deliver to Dealer
Member a minimum of 5 (five) and no more than 15 (fifteen) customer referrals within
each given month the membership is active.
2. Intellectual Property and Licensing
DMN /CustomerFunding owns and grants Dealer Member non-exclusive, non-transferable,
license, exercisable solely during the term of this agreement, to use and promote
applicable CustomerFunding.com technology. Except for the rights expressly granted
herein, this Agreement does not transfer from DMN /CustomerFunding.com to Dealer
Member any DMN /CustomerFunding.com Technology, and all rights, titles and interests
in and to the DMN /CustomerFunding.com Technology shall remain solely with DMN /CustomerFunding.com.
Dealer Member shall not, directly or indirectly, reverse engineer, decompile, disassemble,
or otherwise attempt to derive source code or other trade secrets from any of the
DMN /CustomerFunding.com Technology. DMN /CustomerFunding.com’s trademarks, trade
names, service marks, logos, other names and marks, and related product and service
names, design marks and slogans are the sole and exclusive property of DMN /CustomerFunding.com.
Dealer Member may not use any of the foregoing in any advertising, publicity or
in any other commercial manner without the prior written consent of DMN /CustomerFunding.com.
Dealer Member understands that all technology is wholly owned by DMN /CustomerFunding.com
and includes, but is not limited to:
- DMN /CustomerFunding.com trademarks, service marks, or logos
- Website design and content
- Website technology
3. Privacy and Confidential Information
- The parties agree that they will comply with all privacy laws applicable to customer
information including the Gramm Leach Bliley Act.
- Dealer Member shall not transfer or disclose any customer information to any other
party without the express written consent of DMN /CustomerFunding.com.
- Each party agrees to indemnify each other, their affiliates, officers, directors,
employees and agents (“Indemnified Parties”) from and against any loss, cost or
expenses (including attorney fees) they might suffer, incur or be subject to by
any reason based upon breach of this agreement or breach of privacy or confidentiality
of this agreement.
- Occasionally, you will receive newsletters, updates, information and notices, etc.
with information that we deem to be of interest to the members of DMN /CustomerFunding.com,
Inc. If you do not want to receive newsletters and updates, you may opt out of those
services when you register, or, after receiving the newsletters and updates, you
may unsubscribe.
- Dealer Member has the opportunity to purchase Customer Referrals (leads) under the
usage of the site and services. Customer information relayed to Dealer Member will
include but may not be limited to contact information and potential information
on what the consumer is looking to accomplish in their automotive purchasing needs.
Customers sent will be those customers with a viable interest in automotive financing
or the purchase of an automotive vehicle.
For more information regarding DMN /CustomerFunding.com, Inc.'s protection of your
information, please consult DMN /CustomerFunding.com, Inc.'s
Privacy Policy.
4. Guidelines for Use
DMN /CustomerFunding.com, Inc. Site and Services are only available for use by individuals
who are age 18 or over. Individuals must also be employed by an automotive dealership.
Your registration on this site is for the strict use of the dealership in which
you registered your account for. The Services and Site may not be used by scripts,
machines or automated services without express written consent of the site ownership.
DMN /CustomerFunding.com, Inc. Site and Services may be used only for lawful purposes.
You must comply with all applicable local, state, national and international laws,
regulations or conventions, including without limitation those related to data privacy,
international communications, and exportation of technical or personal data. You
may not use the CustomerFunding.com, Inc. Services or Site for any criminal or illegal
activities or any activities that might be legally objectionable.
CustomerFunding.com, Inc. reserves the right to determine what constitutes Internet
abuse and objectionable conduct. If CustomerFunding.com, Inc. believes, in its sole
discretion, that a violation of these Guidelines has occurred, it may take responsive
action. Such action may include, but not be limited to, permanent removal of illegal
or inappropriate information or content, or suspension or termination of your membership
and access to DMN /CustomerFunding.com, Inc. Service.
- Using a Member Name or posting, transmitting or linking to any text or images that
are sexually explicit, pornographic, violent, racially or ethnically objectionable
or grossly offensive to the online community
- Posting, transmitting or linking to defamatory and libelous statements or other
statements that would violate any third party's privacy or publicity rights.
- Posting, transmitting or linking to profane language, descriptions of situations
or scenarios considered, in the opinion of DMN /CustomerFunding.com, Inc., inappropriate
for the C DMN /CustomerFunding.com, Inc. membership.
- Impersonating any person or using a name that you are not authorized to use could
lead to a suspension.
- Planning illegal activities, such as creating computer viruses, building a bomb
or counterfeiting money or pirating software, Serial Numbers of products for which
you do not have a registered license.
- Advertising, promoting in any way or offering to sell any goods or services for
any commercial purpose.
- Soliciting individuals for employment other than in designated areas (for example,
within a discussion thread).
- Posting links in open questions or in personal profiles that lead to a competitor's
site.
- Promoting any products or services that are unlawful at the location at which the
content is posted or received.
- Posting any content that infringes any third party's intellectual property rights
or violates any confidentiality agreements or contracts of employment.
- Posting, transmitting or linking to statements that are intentionally false or misleading.
- Introducing viruses, worms, harmful codes or Trojan horses.
- Spamming, flaming or other similar activities, such as arguments between any one
in a question.
- Misusing the DMN /CustomerFunding.com, Inc. point system.
- Violating the guidelines for academic honesty or other unethical behavior, it is
allowable to help a student with a project, but not doing it for them.
5. Content License
DMN /CustomerFunding.com, Inc. enables Dealer Members to post problems or questions,
proposed solutions or answers, information, comments and other content ("Your Content")
to its Site. When you post Your Content to the Site, you understand and agree that
Your Content can be viewed and used by other Dealer Members who visit the Site.
You represent and warrant that you own or otherwise control all of the rights to
Your Content and that use of Your Content by DMN /CustomerFunding.com, Inc. and
its affiliates will not infringe upon or violate the rights of any third party.
Before you use DMN /CustomerFunding.com, Inc. Services to post any information or
content that is protected by intellectual property laws, you shall have acquired
the legal right to do so from the owner or authorized licensee of such information
or content.
By registering with DMN/ CustomerFunding.com, Inc. and posting Your Content on the
Site, you hereby grant DMN /CustomerFunding.com, Inc. a non-exclusive, perpetual,
irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free
license to use, distribute, display, reproduce, perform, modify, adapt, publish,
translate and create derivative works from Your Content in any form, media or technology,
whether now-known or hereafter developed. You also grant DMN /CustomerFunding.com,
Inc. and its affiliates and sub-licensees the right to use the Dealer Member Name
that you submit with Your Content for purposes of attribution. If you do not wish
to have Your Content attributed to you, then you must notify DMN /CustomerFunding.com,
Inc. at dealerdept@customerfunding.com.
6. DMN/CustomerFunding.com, Inc. Property Rights
The layout, design, concept and organization of the DMN /CustomerFunding.com, Inc.
Site and Services are subject to DMN /CustomerFunding.com, Inc.'s patents, copyrights
and other intellectual property rights. All rights are reserved.
You acknowledge and agree that DMN /CustomerFunding.com, Inc. owns all right, title
and interest in (i) the Services; (ii) the Site; (iii) the technology available
on the Services or the Site; and (iv) all copyrights, patents, trademarks and other
intellectual property rights therein. Any use of the DMN /CustomerFunding.com, Inc.
Services, Site, technology, and/or the copyrights, patents, trademarks or other
intellectual property rights, other than as described in this Agreement, is not
licensed and is strictly prohibited.
You agree that you will obtain the express written permission from DMN /CustomerFunding.com,
Inc. before you copy, upload, transmit, reproduce, distribute or in any way exploit
any DMN /CustomerFunding.com, Inc. Services, technology and/or the copyrights, patents,
trademarks or the other intellectual property rights, obtained through the DMN /CustomerFunding.com,
Inc. Site. In addition, you agree not to copy the layout, design, concept and organization
of the Site or Services. This Agreement does not constitute a license to use DMN
/CustomerFunding.com, Inc.'s trade names, service marks or any other trade insignia.
Any use of DMN /CustomerFunding.com, Inc.'s trade names, services marks or any other
trade insignia shall be subject to DMN /CustomerFunding.com, Inc.'s prior written
consent.
7. Agent for Notification of Claimed Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, DMN /CustomerFunding.com,
Inc. has designated an agent to receive notices of claimed copyright infringement.
If you believe Your Content has been used on the Site in a manner that constitutes
copyright infringement, please notify our designated agent at DMN /CustomerFunding.com,
Inc. at dealerdept@customerfunding.com
or follow the claim notification procedures set forth in our Legal Notices.
8. Disclaimers of Warranty
Other than providing a framework in which Dealer Members post problems or ask questions
and self-appointed Experts provide answers and/or comments, DMN /CustomerFunding.com,
Inc. does not review or verify the content of postings at its Site. The Experts
who participate at DMN /CustomerFunding.com, Inc. have not been licensed, certified
or tested, nor have they met any requirements other than completing our registration
form, which has not been reviewed or verified by us. You may review each Expert's
information including their profile, a list of questions answered and grades received,
by clicking on their Dealer Member Name.
You expressly agree that use of DMN /CustomerFunding.com, Inc. services is at your
sole risk. The site and the services are provided on an "as is" basis.
DMN /CustomerFunding.com, Inc. makes no representations or warranties of any kind,
express or implied, as to the operation of the site or the information, content,
materials or products included on the site. DMN /CustomerFunding.com, Inc. disclaims
all warranties, express or implied, including but not limited to, implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
DMN /CustomerFunding.com, Inc. makes no warranty that the services will meet your
requirements, or that the services will be uninterrupted, timely, secure or error
free. DMN /CustomerFunding.com, Inc. does not warrant that the site or its services
are free of computer viruses or other harmful materials. Nor does DMN /CustomerFunding.com,
Inc. make any warranty as to the results that may be obtained from the use of the
services or as to the accuracy or reliability of any information obtained through
the services.
No advice or information, whether oral or written, obtained by you through the services
shall create any warranty, whether by implication, estoppel or otherwise. Some jurisdictions
do not allow the exclusion of certain warranties, so some of the above exclusions
may not apply to you.
9. Limitation on Liability
Regardless of the type of claim or the nature of the cause of action, you agree
that in no event shall DMN /CustomerFunding.com, Inc., its affiliates, contractors,
service providers, employees, agents or licensors, or any other party involved in
creating, producing or delivering the services, technology or content available
on the services ("DMN /CustomerFunding.com, Inc. affiliates"), be liable to you
in any manner whatsoever: (i) For any decision made or action or non-action taken
by you in reliance upon the information provided through the services; (ii) For
loss or inaccuracy of data or cost of procurement of substitute goods, services
or technology; (iii) For any direct, indirect, incidental, punitive or consequential
damages, including but not limited to loss of revenues, loss of profits or loss
of reputation, even if DMN /CustomerFunding.com, Inc. has been advised of the possibility
of such damages.
Your sole and exclusive remedy with respect to the use of any services provided
by DMN /CustomerFunding.com, Inc. shall be cancellation of your membership to the
services. Some jurisdictions do not allow the limitation or exclusion of liability
for incidental or consequential damages; in those jurisdictions our liability shall
be limited to the extent permitted by law.
IN NO EVENT WILL DMN /CUSTOMERFUNDING.COM'S LIABILITY IN CONNECTION WITH THE
SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE
TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE
AGGREGATE ACTUAL SERVICE FEES PAID TO DMN / CUSTOMERFUNDING.COM BY DEALER MEMBER
DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
DMN /CUSTOMERFUNDING.COM CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY
PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED
VIA THE INTERNET. DMN /CUSTOMERFUNDING.COM WILL NOT BE LIABLE FOR ANY UNAUTHORIZED
ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT
DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS
SYSTEM.
Dealer Member understands, acknowledges and agrees that if DMN /CustomerFunding.com
takes any corrective action under this Agreement because of an action of Dealer
Member or its website users, Dealer Member agrees that DMN /CustomerFunding.com
shall have no liability to Dealer Member due to such corrective action by DMN /CustomerFunding.com.
The terms of this section shall survive any termination of this Agreement.
10. Indemnification
DMN /CustomerFunding.com, Inc. provides its Services and Site to Dealer Members
on the assumption that Dealer Members will act professionally and responsibly. If
they do not, Dealer Members must bear full responsibility for their actions. As
a Dealer Member, you agree to defend, indemnify and hold harmless DMN/CustomerFunding.com,
Inc., its officers, directors, employees and agents from and against all claims,
demands, actions, suits, damages, liabilities and costs, including reasonable attorneys'
and experts' fees, related to or arising from (i) any breach of your covenants under
this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and
activities occurring under your Dealer Member Name and password; (iv) any defamatory,
libelous or illegal material contained within Your Content or your information and
data; (v) any claim or contention that Your Content or your information and data
infringes any third party's patent, copyright or other intellectual property rights
or violates any third party's rights of privacy or publicity; and (vi) any third
party's access or use of Your Content or your information and data. DMN/CustomerFunding.com,
Inc. reserves the right, at its own expense, to participate in the defense of any
matter otherwise subject to indemnification from you, but shall have no obligation
to do so. You shall not settle any such claim or liability without the prior written
consent of DMN/CustomerFunding.com, Inc., which shall not be unreasonably withheld.
11. Payment and Services Features
If you register for the DMN /CustomerFunding.com, Inc. Online Payment Services,
the Online Payment Services are for the Dealer Member and Dealership ONLY and may
not be shared or features transferred to others. Unless otherwise stated, all fees
are quoted in U.S. Dollars. A credit card, or bank account is required for all Online
Payment Services.
If your credit card number changes or if you wish to change the credit card to which
you are billed, please update your profile to ensure that your access to the Online
Payment Services is uninterrupted. We will attempt to notify you if we are unable
to process your payments, your account will be suspended until you provide a valid
form of payment. At this point, you will not have access to the Dealer Member Network
site and services until payment/s are made or brought current. If you have any further
questions, please contact us at dealerdept@customerfunding.com.
To cancel your DMN /CustomerFunding.com, Inc. Online Payment Services, please go
to the Online Payment page in the membership area and follow the directions of the
online cancellation process. Cancellations are processed upon receipt of the request
form. When your Online Payment services are cancelled you will receive a confirmation
email of the cancellation. If you do not receive this confirmation email please
contact us at dealerdept@customerfunding.com
Cancellations will be effective as of the end of the next billing cycle. Dealer
Member must pay through the end of the next billing cycle after cancellation is
submitted.
12. Term, Termination
Either you or DMN/CustomerFunding.com, Inc. may terminate this Agreement with or
without cause, at any time. Dealer Member must abide by the cancellation process
outlined in section 11. of this agreement. DMN/CustomerFunding.com, Inc. may terminate
this Agreement immediately if, based on DMN/CustomerFunding.com, Inc.'s sole judgment,
it determines that you have (i) breached this Agreement or the Guidelines established
for the use of DMN/CustomerFunding.com, Inc. Services or Site, (ii) infringed or
violated any intellectual property right of DMN/CustomerFunding.com, Inc. or (iii)
infringed or violated any intellectual property right or privacy or publicity right
of a third party. Upon termination of this Agreement, the perpetual license you
have granted to DMN/CustomerFunding.com, Inc. shall continue. Provisions, which
by their nature would be expected to survive termination, shall survive and remain
in full force and effect in accordance with their terms.
13. Export Control Compliance
You agree to abide by U.S. and other applicable export control laws and not to transfer,
by electronic transmission or otherwise, any content or software subject to restrictions
under such laws to a destination prohibited under such laws, without first obtaining,
and then complying with, any requisite government authorization. You further agree
not to upload to the Site any data or software that cannot be exported without prior
written government authorization, including, but not limited to, certain types of
encryption software.
The export control laws of the United States and other jurisdictions regulate the
export of certain technology. This includes email transmission of certain information
to foreign countries and foreign nationals. You agree to abide by these laws.
14. Consumer Rights
If you should have any complaints about DMN/CustomerFunding.com, Inc. Services,
or need further information about the Services, contact Support at
dealerdept@customerfunding.com.
15. No Assignment
Your rights and obligations under this Agreement shall not be transferred or assigned
directly or indirectly without the prior written consent of DMN/CustomerFunding.com,
Inc.
16. Severability
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable,
the remaining provisions shall continue in full force and effect.
17. Applicable Law and Jurisdiction
This Site (excluding links) is controlled and operated from the DMN?CustomerFunding.com,
Inc. offices in Tempe, Arizona USA. You agree that all matters arising from or relating
to the use and operation of the Site and Services shall be governed by the laws
of the State of Arizona and the United States of America, without regard to conflicts
of laws principles. This Agreement also shall be governed by and construed in accordance
with the laws of the State of Arizona and the United States of America. The federal
and state courts of the State of Arizona located in Phoenix, Arizona USA shall have
exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or
arising from or relating to the operation or use of the Site or Services. You expressly
consent to (i) the personal jurisdiction of such courts over you; and (ii) service
of process being affected upon you by either email or registered mail sent to the
address you provide DMN/CustomerFunding.com, Inc. in connection with your subscription
for services. DMN /CustomerFunding.com, Inc. reserves the right to conduct business
or to not conduct business with any entity.
18. Notices
Except as explicitly stated otherwise, all notices permitted or required under this
Agreement shall be by email, or regular mail, or fax to us at DMN/CustomerFunding.com,
Inc., 914 S. 52nd St., Tempe, AZ 85281, 480-882-0768(main), dealerdept@customerfunding.com,
and to you at the email address or regular street address you provide DMN /CustomerFunding.com,
Inc. during the registration process, or to such other address as either of us shall
specify in writing as our addresses for notice. Notice shall be deemed given 24
hours after email is sent, unless the sending party is notified that the email address
is invalid. Evidence of successful transmission shall be retained.
DMN /CustomerFunding.com, Inc. may modify the terms of this Agreement at its sole
discretion by posting modifications on its website. Your continued use of the Services
after notice of modifications constitutes your acceptance of the modifications.
If you do not agree to the modifications, you should cancel your membership to the
Services and terminate this Agreement.