Dealerstack Terms of Use

Introduction

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Wix offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at [email protected].

Terms May Change

We may update the Terms from time to time. When we update our Terms, we will update the “Last Revised date associated with the updated Terms. Your continued use of our service confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and us regarding our service. If you do not agree with our Terms, you should stop using our service.

Terms of Service

This Terms of Service ("Agreement") govern your use of this website (the "Website") and other related software, applications, interactive features or downloads that are available through the Website (whether accessed directly or through any software, Website, or third party distribution platform) (collectively, the "Service"). In some instances, both this Agreement and separate terms elsewhere on the Service will apply to your use of the Service (“Additional Terms”). References in this Agreement to “Company”, "we", "our", or "us" shall refer to Dealerstack and/or the Dealership that is the subject of this Website.

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SERVICE. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES.

Definitions and Disclosures

1. Manufacturers Suggested Retail Price (also referred to as "MSRP", "Base MSRP" or the "Starting At" price), excludes taxes, title, license, registration and/or electronic filing fees, destination freight and delivery charges, dealer fees, and optional equipment. Restrictions and eligibility requirements may apply. Not all customers may qualify for the pricing shown. Pricing where shown does not include taxes, title, license and registration fees, destination freight and delivery charges, dealer fees, and optional equipment. Some dealers may also choose not to participate in MSRP pricing.
2. Images shown are for information purposes only, and may not necessarily represent the configurable options selected or available on the vehicle. We cannot be responsible for typographical or other errors, including data transmission, display, or software errors, that may appear on the site. If you feel information displayed is in error, please contact us using the contact information found in the footer of the website.
3. While our inventory is generally updated on a daily basis, there are no guarantees that the inventory shown will be available at the dealership. Mid-model-year manufacturing changes, as well as dealer-added accessories on the actual vehicle may differ from the options and features listed. Vehicles that are identified as 'Exact Matches' may have a different price or different features not represented on the site. We make every effort to provide you with the most accurate, up-to-date information, however, for the most up-to-date and accurate information regarding actual vehicle availability please contact us using the contact information found in the footer of the website.
4. Offers and incentives shown may not be available to all customers. Incentives lists are examples of offers available at the time of posting and are subject to change and expiration. Not all incentives can be redeemed together. To take advantage of rebates, incentives and/or financing offers you must take new retail delivery from dealer stock by the expiration date noted. Not all buyers will qualify for all incentives, financing or other offers. Restrictions apply. See us for complete details or contact us using the contact information found in the footer of the website.

Third Party Services

The Service may contain links to other Websites or services maintained by third parties (“Third Party Services”). We may also integrate third party technologies into our Service and host our content on Third Party Services. By connecting to the Service with a third-party service (e.g., Facebook, Twitter, or Google), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service, and to store your log-in credentials for that service. We do not operate or control, in any respect, or necessarily endorse the content found on third-party Websites or services. You assume sole responsibility for your use of third-party links, Websites, products and services. You agree that you will abide by any third-party company policies and terms necessary in using our Website or Service (such as a third-party publisher terms of use, Twitter, Google, or Facebook terms of use).

Copyright Infringement

If you believe that content on our website violates your copyright, please contact us at [email protected]. There may be legal consequences for sending a false or frivolous takedown notice.

Disclaimer of Liability

Although every reasonable effort has been made to ensure the accuracy of the information contained on this site, absolute accuracy cannot be guaranteed. This site, and all information and materials appearing on it, are presented to the user "as is" without warranty of any kind, either express or implied. All vehicles are subject to prior sale. Price does not include applicable tax, title, license, processing and/or documentation fees, and destination charges.

We make no guarantee or warranty, either express or implied, including without limitation any warranty of merchantability or fitness for particular purpose, with respect to the data presented. All specifications, prices and equipment are subject to change without notice.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, CLIENTS, AGENCIES, AFFILIATES, OR ANY OF THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE PROVIDED HEREUNDER OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF OUR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICE OR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS, IF ANY, PAID BY YOU TO US DURING THE PAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE SERVICE.

Miscellaneous

1. Governing Law
   
   Except to the extent applicable law provides otherwise, this Agreement between you and us and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions. You and we agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Dallas, Texas.
2. Severability, No Waiver, and Survival
   
   If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of us to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
3. Amendments; Complete Agreement
   
   This Agreement may only be modified by a written amendment signed by an authorized representative of Dealerstack, or by the posting by Dealerstack of a revised version. These Terms of Service, together with the Dealerstack Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Dealerstack relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
4. California Consumer Rights and Notices
   
   Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: https://www.dca.ca.gov.