DealerRater Terms of Use

Last updated July 30, 2024

1. INTRODUCTION AND AGREEMENT

Thank you for visiting DealerRater.com (the "Site")("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 and any other websites owned or operated by Us. These Terms and Conditions of Use ("Terms and Conditions") govern access to and use of the Site and services or products provided by DealerRater as made available on the Site or otherwise ("Services").

By accessing and using this Site, you acknowledge you have read, understood and agree to be bound to the conditions of these Terms and Conditions. You also agree to comply with applicable laws and regulations.

BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE, YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND EXPRESSLY CONSENT TO DEALERRATER PRIVACY NOTICE AND PRIVACY NOTICE FOR CALIFORNIA RESIDENTS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS THE SITE OR USE ANY PRODUCTS.

If you are a DealerRater dealership receiving paid Services, please refer to the Terms and Conditions as those govern our relationship with you.

2. SITE PROVISION AND SERVICES

The materials that appear on the Site are for informational purposes only. Despite DealerRater’s 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. 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 users’ personal, non-commercial use. Any other reproduction of the Content (defined below) is strictly prohibited. Further, you may not use the Site to solicit or advertise in any manner.

If you are using the Services to receive or take any other action in respect to any Third Party Products or Services or Third Party Products and Services Information, you are still bound by these Terms and Conditions stated herein.

By accessing the Sites and Services, you agree that DealerRater is not responsible for any Third Party Products and Services Information, whether such materials are accessed directly by you or used by DealerRater in providing the Services, including whether the Third Party Products and Services Information is accurate or whether the Third Party Products and Services Information is suitable for your use or use in connection with the Services. You agree that DealerRater is not responsible for whether Third Party Products and Services Information accessed by you is available for your use, for the performance or operation of any third party website or for any Third Party Products or Services marketed, advertised, promoted, offered for sale, offered for lease, sold, leased or otherwise provided by any automotive dealerships (“Dealers”), or for any other action or inaction by any Dealers.

3. ACCOUNT, ACCESS, AND USE

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 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 you’re 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 that all information that you provide to DealerRater in connection with your access to and use of the Site, including, but not limited to, all information that you may provide, is true, accurate and complete, and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. DealerRater reserves the right to terminate these Terms and Conditions and to refuse, restrict or discontinue service or access to the Site or its Services, or any portion or features of this Site or its Services, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability. Access to the Site or to portions thereof, or access to Services, may be occasionally interrupted to perform changes or necessary maintenance; or for certain types of “force majeure” events (e.g., “acts of God”, weather calamities, riots, wars, internet connectivity issues, etc.) beyond the reasonable control of DealerRater for which DealerRater shall have no liability.

By accessing this Site, you agree that you will not use any automated mechanism, which may include but is not limited to such mechanisms as web robots, crawlers or spiders to access, query or otherwise collect information or scrape data from the Site, and will not use any device or routine that would interfere with the proper working of the Site. Unless otherwise permitted by DealerRater, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Service in any other manner or for any other purpose constitutes an infringement of DealerRater’s intellectual property and other proprietary rights. Use of the Site or any portion thereof on any other website is expressly prohibited without prior written permission from DealerRater. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content (defined below).

4. MATERIALS

A. SUBMISSIONS

In the event you choose to post or submit feedback, materials, information, ideas, opinions and other content ("Submissions"), and unless DealerRater indicates 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 them. You hereby waive their "moral rights" in your Submissions, to the extent such rights 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 Conditions; 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.

B. DEALER REVIEWS

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, Dealers 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 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 a user’s Submissions for length, clarity, or to make sure it conforms to our Community Guidelines with no notice and at DealerRater's sole discretion.

C. MEDIA

You grant to DealerRater an exclusive, royalty-free, perpetual, irrevocable, worldwide license to use your picture, portrait, photograph, videos, likeness and other renderings or images of yourself that you upload or provide to DealerRater ("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, as you consent to submission of the Photos on behalf of the minor by uploading the Photos to the Site. Any claims which may be brought against DealerRater by the minor will your liability and you shall fully indemnify DealerRater for such claims per Section 10 of these Terms and Conditions. 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.

5. TRADEMARKS AND INTELLECTUAL PROPERTY

You acknowledge that the Site includes certain trademarks and service marks owned by the DealerRater and its affiliates and subsidiaries. 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 Dealer, or: (I) in, as, or as part 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. You further agree that you will not alter or remove any trademark, logos, copyright or other notice from any copies of the Content. Other marks appearing on the Site are the property of their respective owners.

Please note that all software programming, including without limitation all HTML and other code contained in the Site (collectively, "Software"), is owned by DealerRater and its affiliates and subsidiaries and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

6. COPYRIGHT AND COPYRIGHT AGENTS

It is the policy of DealerRater to respond to claims of intellectual property infringement. DealerRater will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a service provider's designated agent. Notification must be submitted to the following Designated Agent for the Site:

DealerRater.com, LLC
c/o Cars.com Legal Department
300 S. Riverside Plaza
Suite 1000
Chicago, IL 60606
Copyrightagent@dealerrater.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Content Feature are covered by a single notification, a representative list of such works at the Site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. REPRESENTATION

You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Submissions, Dealer Reviews, and Media (collectively, “Content”) to the Site, (b) the Content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Content does not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold DealerRater, its affiliates, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Content you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms and Conditions or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.

8. WARRANTY DISCLAIMER

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES AND RELIANCE ON THEIR CONTENT IS AT YOUR OWN RISK. DEALERRATER AND ITS RESPECTIVE AFFILIATES AND/OR THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE OR SERVICES INCLUDING THE SOFTWARE, THE CONTENT, THE SUBMISSIONS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE SUBMISSIONS, AND THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND DEALERRATER AND ITS RESPECTIVE AFFILIATES AND/OR THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO DEALERSHIPS AVAILABLE ON THE SITE IS SUPPLIED BY THE DEALERS, YOU, OR OTHER THIRD PARTIES. DEALERRATER CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUBMISSIONS OR DEALER REVIEWS. DEALERRATER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

9. LIMITATION OF LIABILITY

DEALERRATER (AND ITS RESPECTIVE AFFILIATES, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS) SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, CONTENT, SUBMISSIONS, DEALER REVIEWS, THE SERVICES, THESE TERMS AND CONDITIONS OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF DEALERRATER (AND ITS RESPECTIVE AFFILIATES, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS) FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you. All rights and duties of indemnification set forth herein shall survive termination of these Terms and Conditions. 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.

10. 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 (“Claims”), and all resulting losses, damages, liabilities, fees, liens, assessments, penalties, judgements, costs and expenses (including reasonable attorneys’ fees), made or initiated by any third party due to or arising out of your use of the Site, your violation of these Terms and Conditions (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 agrees to notify DealerRater within seven (7) days of the filing of any Claims, and DealerRater reserves, and you grant to DealerRater, the right to participate in or assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of these Terms and Conditions. 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.

11. SECURITY

DealerRater does not guarantee or warrant that the Site, Services, 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 unauthorized persons 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.

12. TERMINATION OF SERVICE

You understand and agree that in DealerRater’s sole discretion, and without prior notice, your access to the Site or Services may be terminated or suspended, and DealerRater may exercise any other remedy available and remove any Submissions, if DealerRater believes that your use of the Sites and/or any Submissions you provide (a) violate (i) these Terms and Conditions, (ii) the rights of DealerRater, its affiliates and subsidiaries, or another user of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to DealerRater for violations of these Terms and Conditions, and you consent to injunctive or other equitable relief for such violations without the requirement that DealerRater post a bond. DealerRater is not required to provide any refund to you if you are terminated as an authorized user of the Site because, in DealerRater’s sole discretion, you have violated these Terms and Conditions.

13. COMPLIANCE WITH LAWS

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 Services, 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, Services, Submissions, and/or Content, 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 Sites, Services, Submissions, and/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.

14. DEALER ABUSE POLICY

DealerRater reserves the right to post a warning immediately and without warning for any violation of these Terms and Conditions and Community Guidelines, including any action intended to artificially inflate your review score or to defame another user and do harm to that user’s business. Dealers may not submit reviews in a manner that does not adhere to these Terms and Conditions and Community Guidelines including but not limited to: writing a review about a competing Dealer, submitting a review written by your employees or their family members, using a device owned or provided by a Dealer to gather reviews, or using an outsourced company to submit reviews on behalf of Dealer. Dealers found in violation of these Terms and Conditions and/or the Community Guidelines will have the following enacted against the dealership: a)a warning message posted to consumers on the Dealer’s review page for six (6) months; b)Certified Dealer badges will be removed from the page; c)Dealer’s employees who have achieved Employee Certification will be removed of that distinction; and d) the Dealer will appear below all other Certified Dealers in zip code search results.

15. PRIVACY NOTICE

Your use of the Site and the Content may involve the transmission of your personal information. DealerRater’s notices regarding the collection and use of personal information is governed by the DealerRater Privacy Policy and the California Privacy Notice, both of which are hereby incorporated by reference in their entirety.

16. INTERNATIONAL USERS AND EXPORT CONTROL LAWS

This Site is intended only for users in the United States of America and Canada. DealerRater makes no representation that the Site, or the Services available through it, are appropriate or available for use at other locations outside the United States of America or Canada, and access to the Site from territories where the Site or the Service are illegal is prohibited. The export and re-export of software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to certain designated countries, or any country to which the United States embargoes goods. In addition, DealerRater software may not be distributed to certain designated persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. If you use or access the Sites or the Services outside of the United States of America or Canada, it is your responsibility to ensure that your use complies with all applicable laws, rules, and regulations and, without limiting the generality of your obligations under the indemnity provisions these Terms and Conditions, you agree to indemnify, defend and hold the Indemnified Parties harmless from any Claim brought or asserted against any of the Indemnified Parties arising out of your use or access of any of the Sites or Services outside of the United States of America and Canada.

17. GOVERNING LAW; JURISDICTION

These Terms and Conditions and any transactions consummated thereunder shall be governed by and construed under the laws of the United States and of the State of Illinois, without regard to conflicts of law principles or rules thereof, and you agree to the venue in the courts within the State of Illinois. Any legal action arising out of or related to these Terms and Conditions and your access to and use of this Site and/or its Services must be commenced within one year after the cause of action arises. YOU AGREE AND UNDERSTAND THAT DEALERRATER AND YOU EACH WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY. DealerRater and you each agree to use best efforts to settle any dispute or claim arising out of, or relating to, any matters related to interpretation, construction, or enforcement, of these Terms and Conditions. If DealerRater and you cannot reach a written settlement agreement within thirty (30) days of the raising of the controversy or claim, DealerRater and you shall submit any controversy or claim arising out of, or relating to, these Terms and Conditions to binding arbitration in the State of Illinois as set forth below.

18. CLASS ACTION

DEALERRATER AND YOU AGREE THAT ANY DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR YOUR ACCESS TO AND USE OF THE SITE AND/OR ITS PRODUCTS OR SERVICE MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. DEALERRATER AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME CLAIM UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, DEALERRATER AND YOU AGREE THAT NEITHER YOUR NOR DEALERRATER MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS OR COLLECTIVE ACTION, AS A PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION. CLAIMS MAY NOT BE PURSUED IN ANY COURT OTHER THAN TO ENFORCE THE ARBITRATOR’S AWARD. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.

19. ARBITRATION

DealerRater and you agree that this Section 19 shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq. DealerRater and you agree that any and all Claims shall be submitted to final and binding Arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules (www.adr.org/commercial) (“AAA Rules”). Judgment may be entered on the arbitration award by a court of competent jurisdiction. You agree that Claims submitted to arbitration shall be decided in a single arbitration before a single arbitrator who must be on the AAA National Roster of Commercial Arbitrators and selected in accordance with the AAA Rules. The arbitrator shall have the authority to award the same damages, including reasonable attorney’s fees, and all other relief that a court can award. You acknowledge and agree that you voluntarily and knowingly entered into these Terms and Conditions and chose to use the Site and the Services offered by it rather than companies that offer similar services and who may not have an arbitration agreement.

20. CHANGES TO THESE TERMS AND CONDITIONS

DealerRater reserves the right to update and periodically amend these Terms and Conditions at its discretion and at any time. If DealerRater makes changes to these Terms and Conditions, amendments will be posted online and the date of update will be included. Your continued use of the Site after any such update indicates your agreement to the same. If you do not agree to the modified terms for the Site or Services, you must discontinue your use of the Site and Services. DealerRater may modify, suspend, discontinue, or restrict the use of any portion of the Site without notice or liability.

21. THIRD PARTY LINKS

This 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 DealerRater is not responsible or liable for the content, policies or practices of any third-party websites or for any non-DealerRater products or services. DealerRater does not sponsor or endorse such websites and is not responsible for the accuracy, content or any aspect thereof. DealerRater disclaims all liability for such websites, and for any use of the links to such websites or use of such websites themselves. DealerRater also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other websites, and the offer or purchase of products or services on or through such other websites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against DealerRater arising from or based on your use of, or the offer or purchase of products or services on or through, such other websites. Links do not imply that DealerRater is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of DealerRater or any of its affiliates.

22. MISCELLANEOUS

These Terms and Conditions supersedes all prior and contemporaneous agreements and understandings between you and DealerRater relating to the Site and the Services, other than any additional terms applicable to a particular Service. You may not transfer your rights or obligations under these Terms and Conditions without the prior written consent of DealerRater. DealerRater may freely do so, in whole or in part. These Terms and Conditions will be binding upon the successors and permitted assigns of you and DealerRater. These Terms and Conditions do not create any third party beneficiary rights. DealerRater’s failure or delay in exercising any right, power or privilege under these Terms and Conditions will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms and Conditions. You and DealerRater are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

23. CONTACT INFORMATION

By providing your email address, you agree that DealerRater may send emails to you related to the Site and/or the Services and any account you may have. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the messages. DealerRater may send any legal notices to you via email, notification by a message to your account, and/or regular mail.

If you have any questions or comments about these Terms and Conditions, please contact DealerRater at:

Phone: 800.266.9455

Email:support@dealerrater.com or use the Online Contact Us form.

Finally, you may also mail us at:

Effective Date: January 1, 2023

Last Updated — July 30, 2024