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Entire Agreement
Any agreement for the purchase of goods and/or services from Dealer Solutions,
Inc (DSI) shall be governed by and is made subject to these DSI Business
Terms stated below (collectively, the "Agreement"). This Agreement
constitutes the entire agreement between the parties relating to the products
and services provided by DSI to Customer. This Agreement may not be amended
or modified except by a written instrument executed by the party against
whom enforcement is sought, provided that DSI may, at its sole option,
revise the Agreement from time to time without notice to Customer by posting
the revised Agreement terms on its web site. Prices and availability are
subject to change without notice.
Accuracy of Data
DSI obtains certain data directly from the manufacturer or distributor
of certain products. While DSI makes every effort to ensure the accuracy
of this data, this web site could include typographical errors and/or
technical inaccuracies. DSI reserves the right to make improvements and/or
changes to such data and/or this web site at any time. DSI makes no warranty
of any kind with respect to the data on this web site or the accuracy
of advice given by DSI employees, whether or not such advice is made in
writing.
Representations; Changes and Corrections
Photos may not represent actual product. Typographical, product description,
pricing and other errors are subject to correction by DSI even after orders
and/or payment are accepted. Additionally, DSI may make pricing changes
needed to avoid material profit losses due to manufacturer price changes,
changing market conditions or product discontinuation, even after orders
and/or payment are accepted. DSI p may revise or rescind an order to correct
an error or pricing issue not detected until after fulfillment of such
order, and Customer may either accept DSI's proposed revision to the order
or rescind the order if such proposed revision is unacceptable. In the
event an order is rescinded due to DSI's error or pricing adjustment,
DSI will bear all shipping costs and Customer will receive a full refund
for products returned in new condition.
Limitation of Liability
Except for loss, damage and expense caused by gross negligence or intentional
misconduct, neither party shall be liable to the other party for any indirect,
special or consequential damages (including loss of profits) arising out
of this Agreement, regardless of the form of action or theory of relief.
Any liability arising under this Agreement is limited to the total fees
and authorized costs received by DSI for services rendered pursuant to
this Agreement. Further, no action, whether for indemnification or otherwise,
regardless of form, arising out of the transactions under this Agreement,
may be brought by either party more than one (1) year after the damage,
loss or expense occurred, except that an action for non-payment may be
brought within one (1) year after the date of last payment. Except as
otherwise provided herein, DSI is not liable for any claim made by a third
party or made by Customer for a third party.
Confidential and Trade Secret Information
Neither party to this Agreement will use or disclose to any third party
any confidential or proprietary information of the other party, including
but not limited to, trade secrets, software applications, technology,
know-how, business practices, and pricing information and any and all
other documents marked confidential or proprietary, without prior written
consent of the discloser thereof.
Intellectual Property Rights
DSI shall own all right, title and interest in any preexisting intellectual
property used in carrying out the services hereunder or developed or created
solely by DSI, even if such intellectual property is developed solely
to implement the services hereunder. No license to such DSI intellectual
property is granted hereunder. For the avoidance of doubt, DSI shall own
all right, title and interest in the diagnostic materials and maintenance
tools used or furnished by DSI.
Governing Law and Venue
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
SUBSTANTIVE LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY
CHOICE-OF-LAW RULES. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS
DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH
LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. ANY ACTION
OR PROCEEDING SEEKING TO ENFORCE ANY PROVISIONS OF, OR BASED ON ANY SUIT
ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT AGAINST ANY OF THE PARTIES
IN A COURT OF COMPETENT JURISIDICTION. NOTWITHSTANDING THE FOREGOING,
CUSTOMER HEREBY AGREES THAT DSI MAY BRING ANY ACTION, PROCEEDING OR SUIT
RESULTING FROM CUSTOMER'S NON-PAYMENT IN THE COURTS LOCATED IN BROWARD
COUNTY, FLORIDA, AND CUSTOMER HEREBY CONSENTS TO SUCH COURTS' JURISIDICTION.
Copyrights and Trademarks
Copyright © 1997-2005 Dealer Solutions, Inc. and subsidiaries. All
rights reserved. All trade names and trademarks are the properties of
their respective owners.
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