Terms & Conditions – DealerXchange
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Terms & Conditions

Use of this Site constitutes acceptance of our User Agreement and Privacy Policy.
The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Moving Pixel Productions Ltd.

THE FOLLOWING ARE THE TERMS OF USE OF THIS WEBSITE.

ACCEPTANCE OF TERMS
(“DealerXchange.com”) welcomes you. DealerXchange.com provides its service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you.

WEBSITE TERMS OF USE

DealerXchange. (herein referred to as “DXC”) welcomes you to its website (the “Site”). These terms of use (“Terms of Use”) apply exclusively to your access to, and use of, this Site so please read them carefully.

DXC reserves the right to change or modify any of the terms contained in these Terms of Use, at any time and in its sole discretion without prior notification. Any changes or modification will be effective upon posting of the revisions to this Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use from time-to-time to understand the terms and conditions that apply to your use of this Site.

By accessing, browsing, and using this site, you agree to be bound by these terms of use and any subsequent changes thereto. If you do not agree to these terms of use or any subsequent modification, do not access, browse, or otherwise use this site.

DESCRIPTION OF SERVICE
DXC provides users with access to a collection of resources, including various information tools, forums, articles, video, and rich content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include certain communications from DXC, such as announcements, administrative messages, social media postings and the newsletter, and that these communications are considered part of DXC membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new material and properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, DXC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, and therefore has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

DXC PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the Canada and/or other countries for storage, processing and use by DXC and its affiliates.

MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DXC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not DXC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. DXC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will DXC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that DXC may or may not pre-screen Content, but that DXC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, DXC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by DXC or submitted to DXC, including without limitation information in DXC Community Forums and in all other parts of the Service.
You acknowledge, consent and agree that DXC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of DXC, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DXC and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, US or the country in which you reside.

INDEMNITY
You agree to indemnify and hold DXC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service use of the Service, or access to the Service.

MODIFICATIONS TO SERVICE
DXC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DXC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION
You agree that DXC may, under certain circumstances and without prior notice, immediately terminate your DXC account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your DXC account includes (a) removal of access to all offerings within the Service, including but not limited to Contests, Newsletters, Message Boards, Account Information (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in DXC sole discretion and that DXC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DXC has no control over such sites and resources, you acknowledge and agree that DXC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DXC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

PROPRIETARY RIGHTS
You acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DXC, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

TRADEMARK, COPYRIGHT NOTICE AND AUTHORIZED USE OF SITE
This Site contains many of the valuable trademarks owned and used by DXC. These trademarks and related proprietary property may not be copied, distributed, or displayed, or reproduced, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except as expressly provided in these Terms of Use or with the prior written permission of DXC.

Copyrighted and copyrightable materials on this Site, including, without limitation, DXC logos, design, text, graphics, pictures, documents and files, and the selection, and arrangement thereof, are the property of DXC, including all intellectual property rights therein including copyright.

ALL RIGHTS RESERVED.
You are authorized to access, use and view this Site, and to copy and print documents published by DXC on this Site, for your personal and internal use only. In consideration of this authorization, you agree that any copy of these documents shall retain all trademarks, copyright and proprietary notices contained thereon.

Except as stated above, no part of this Site may be reproduced, stored in any retrieval system, or transmitted in any form or by any means, whether electronic, mechanical, printed, photocopied, recorded, or otherwise.

You may not use, frame, or utilize framing techniques to enclose any DXC trademark, logo, or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without the express written consent of DXC. Further, you may not use any meta tags or any other “hidden text” utilizing DXC’s name, trademark, or product name without DXC’s express written consent.

DXC reserves the right, without notice and in its sole discretion, to terminate your permission or license to use this Site, and to block or prevent future access to and use of this Site. Without limiting the foregoing, any unauthorized use of this Site will automatically terminate the permission or license granted by these Terms of Use and may violate applicable law including without limitation copyright laws and trademark laws.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NOTHING CONTAINED ON DXC IS INTENDED TO PROVIDE PERSONALIZED FINANCIAL, LEGAL OR TAX ADVICE. NOTHING SHOULD BE CONSTRUED AS AN OFFER TO SELL, OR A SOLICITATION OF AN OFFER TO BUY A SECURITY, A RECOMMENDATION FOR ANY PRODUCT OR SERVICE BY DXC OR ANY ASSOCIATED THIRD PARTY, OR A SUGGESTION REGARDING THE PURCHASE, HOLDING OR SALE OF SECURITIES. BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY, YOU SHOULD OBTAIN INFORMATION AND ADVICE FROM YOUR FINANCIAL, LEGAL AND/OR TAX ADVISERS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DXC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DXC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DXC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

DISCLAIMERS
DXC strives to ensure that the information contained in this Site is accurate and reliable. However, DXC makes no representation, warranties or conditions about any information contained in this Site. This site and the information and materials contained therein are provided on an “as is” basis without representations, warranties or conditions of any kind, either expressed or implied or statutory, including without limitations implied warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, title and non-infringement. DXC does not represent or warrant that information in this site is accurate, complete, reliable, current, or error-free. DXC is not responsible for errors or omissions relating to information on this site. While DXC attempts to ensure your access and use of this site is safe, DXC cannot and does not represent or warrant that this site or its server(s) are free of viruses or other harmful components. DXC does not warrant that this site will operate continuously or error free.

DXC may from time to time revise the information, services, products, prices, and the resources contained in or referred to in this Site, and reserves the right to make such changes without any obligation to notify past, current, or prospective visitors.

In no event shall DXC be liable for any loss or damages whatsoever, including without limitation (i) direct damages, (ii) indirect, special, or consequential damages or damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, and (iii) punitive, exemplary or aggravated damages, arising from or in connection with the use of or access to, or the inability to use or access, this site, any information provided therein or any linked website of a third party, even if DXC has been advised of the possibility of such damage or loss.

In any event, you agree that DXC maximum aggregate liability for damages arising out of or related to these Terms of Use shall be limited to $10.

The limitations of liability and disclaimers in these Terms of Use apply regardless of the form of action, whether for breach of or repudiation of contract, warranty, strict liability, negligence or other tort, or any other legal or equitable theory, and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DXC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DXC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

LINKS TO THIRD PARTY SITES
This Site may link to sites not maintained or related to DXC. These links are provided as a convenience to users and are not sponsored by or affiliated with this Site or DXC. DXC makes no representations, warranties or conditions about these links or the sites linked to this Site. Further, DXC does not implicitly endorse third-party sites linked to this Site. If you access third party websites you do so at your own risk and it is your responsibility, not the responsibility of DXC, to take any and all appropriate protective measures before linking to these third party websites, including without limitation to guard against viruses and other destructive elements. DXC is not responsible for the contents of any page linked to this Site or any other page not under its control.

SUBMISSIONS
You agree that any materials, including but not limited to questions, comments, suggestions, documents, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to DXC through this Site, or postings on this Site, are non-confidential (subject to DXC’s Privacy Policy) and shall become the exclusive property of DXC. DXC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose (subject to DXC’s Privacy Policy), commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to DXC, irrevocably waives any and all “moral rights” in such materials, including the rights of integrity and to be to be recognized as the author.

MISCELLANEOUS
These Terms of Use are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, excluding any conflict of laws rules that would apply another body of law. These Terms of Use constitute and contain the entire agreement between you and DXC with respect to its subject matter and supersedes any prior oral or written agreements. If any provision of this policy is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this policy will otherwise remain in full force and effect and enforceable.

ACCEPTED METHODS OF PAYMENT

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DELIVERY OF SERVICES

All sales (in Canadian Currency) of membership packages are final and nonrefundable.
DXC offers paid membership services giving you access to training videos and resources via an online member portal.  If you are unable to access the member portal after your purchase, please contact us at support@dealerxchange.com.

VIOLATIONS
Please report any violations of the Terms of Service to us at support@dealerxchange.com

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