DealerRater Terms of Use DealerRater Terms of Use

Last updated August 2014

Thank you for visiting DealerRater.com (the "Site"), which is owned and controlled by DR Media Holdings, LLC ("DealerRater" "Us" or "We"). These Terms of Use govern your use of our Site and the Content that we host on the Site, so please read them carefully. Your access to and continued use of the Site constitutes your acceptance of, and is conditional upon your continued acceptance of and compliance with, the following provisions.

General Provisions
The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information – whether we have produced the Content or have received it from a Contributor – errors may appear from time to time. Before purchasing a vehicle or finding a service department you've seen on this Site, you should investigate any information (dealer reputation, price, etc.) that is important to your purchasing decision. We are not responsible for, and do not guarantee the accuracy of, any Content, particularly that which we receive from Contributors. You are free to browse the Site for your personal, non-commercial use if you are a consumer. If you are a dealer, you are free to use this Site to manage your account and view information of interest. However, it is illegal to reproduce any of the Content on the Site except with our written permission or through our API (api.dealerrater.com). Soliciting DealerRater users is not allowed under any circumstance.

Content
DealerRater provides valuable Content to our Site visitors concerning the quality and reputation of car dealers, the pricing of vehicles and services, as well as other subjective information like friendliness and overall rating of a consumer’s experience. A great deal of this Content comes to us from our Contributors, who may be consumers or dealer personnel.

Content from Contributors
If you post, communicate, or otherwise deliver information to us relating to your experience with or perception of any dealer, we will consider you to be a Contributor and may post the Content under the following conditions:
  • You grant to us an exclusive, royalty-free, perpetual, irrevocable, worldwide license to use the Content, which means that you will not permit anyone but us to use the Content you have posted.
  • You grant to us an exclusive, royalty-free, perpetual, irrevocable, worldwide license to use your picture, portrait, photograph, videos, likeness and other renderings or images of you that you upload or provide to us (“Photos”) in all forms of media, including without limitation photographs, video, print advertisements, newsletters, brochures, websites and social media sites (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.
  • You grant us permission to monitor, edit, and – if necessary, delete – Content you post, for length, clarity, or to make sure it conforms to our Community Guidelines, below.
  • You grant us permission on your behalf to enforce US and other intellectual property laws with respect to misuse of the Content you have contributed.
  • You acknowledge that you are entirely responsible for the Content you post, which means you have the right to post the information and, for example, you did not copy it from somewhere else.

Use of Content
While we do not want any incorrect or incomplete Content on the Site, we do not promise that information on the Site is complete, correct, or error-free.

Your use of the Site and all Content is on an "as is" basis, at your own risk, and we do not make and expressly disclaim any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site or the Content.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with DealerRater or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of DealerRater. All rights not expressly granted herein are reserved to DealerRater and our licensors.

You understand that Content posted on, transmitted through, or linked from the Site is the sole responsibility of the Contributor from whom such Content originated. You understand that by accessing or otherwise using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and certain Content available thereon may contain links to other websites, which are completely independent of DealerRater or the Site.

You may only use or reproduce the Content for your own personal and non-commercial use unless you are a dealer with a license enabling your access to the Content via our API or other tools we make available to licensed dealers. The framing, scraping, data-mining, extraction or collection of the content of this Site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Site. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Limitation of Liability
DealerRater shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Site or the Content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, lost profits, business interruption, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all reviews, opinions, advice, services and other Content provided on the Site. You agree that access to the Site is provided on an "as is" basis. If you are dissatisfied with any Content posted on the Site, your sole and exclusive remedy is to discontinue using the Site.

The DealerRater website is protected under Section 230 of the Communications Decency Act of 1996 which states: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. No provider or user of an interactive computer service shall be held liable on account of any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected."

Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify DealerRater’s agent for notice of claims of copyright or other intellectual property infringement ("Agent"):

Dana Faughnan
DealerRater.com, LLC
203 Crescent Street
Waltham, MA 02453

Any notice provided to our Agent should include the following:
  • The material on the Site that you claim is infringing or otherwise violates your intellectual property rights, with enough detail so that we may locate it on the Site;
  • A statement by you indicating that you believe in good faith that such use is not authorized under applicable law;
  • A statement by you declaring under penalty of perjury that (1) all information in your Notice is accurate, and (2) that you (or the individual or entity for whom you are validly authorized to act) are the owner of the copyright or other intellectual property right interest involved;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

Subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA) and other applicable law, DealerRater will remove the infringing posting(s) in its sole discretion.

Viruses; Security
DealerRater does not guarantee or warrant that the Site 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 they 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.

Contact Information
Registered users of DealerRater must keep a current and up to date email address. DealerRater uses email addresses to reach registered users should a review require further information or accuracy verification. Failure to keep accurate contact information may result in the account becoming disabled and your reviews being removed.

Dealers may contact Contributors through the Site on items related to a review through the Site’s messaging feature. When dealers make such contact, we do not provide email addresses or other contact information to either party without prior consent. If it is necessary to retrieve more information about a review, a user may be contacted by DealerRater Support, or through the Site by a dealership. Because this communication happens through our messaging system, each user who posts a review must provide a valid email address and must update their email address when necessary in order for DealerRater to contact the user or facilitate communication from a dealership. Failure to acknowledge receipt of a communication by DealerRater Support or from a dealership may result in your account being revoked and your reviews being removed. To update your email address, please contact us to have it changed.

Reviews and Community Guidelines
The Site includes reviews of car dealerships, much of which come from our Contributors.

It is a condition of your use of the Site that you do not:
  • Post, transmit or link to any untrue, abusive, unlawful, threatening, vulgar, libelous, defamatory, obscene, harassing, fraudulent, pornographic, excessively or abusively profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Restrict or inhibit any other user from posting a review.
  • Make any posting anonymously or under any false or misleading user name or other identifier.
  • Post any reviews from within a dealership, on dealership premises or using a dealership's internet connection.
  • Post any reviews through a proxy connection in an attempt to obfuscate or anonymize your origin.
  • Post any reviews about experiences that date back further than 12 months.
  • Post reviews that do not relate to a dealership experience.
  • Post a duplicate or similar review based on the same experience, including that of another user.
  • Post any reviews collected or composed by third-party companies on behalf of a dealership.
  • Work at or otherwise be affiliated with any car dealership or car manufacturer, either currently or within the past 5 years. An example of someone who can not write a review: Salesman A, who is an employee of Dealer A, buys a car from Dealer B. Even though Salesman A does not work for Dealer B, he can not write a review of Dealer B since he is an employee of a car dealership. Other examples of persons not permitted to write a review include spouses and immediate family members of dealership employees.
  • Post, transmit or link to any information, software or other material which contains a virus, corrupted file, worm, Trojan Horse or other contaminating or destructive code or feature that may damage or impair the operation of someone else's data, computer or systems.
  • Post, transmit, link to or in any way exploit any information, software or other material for commercial purposes, or which contains advertising or other forms of solicitation, including without limitation chain letters, pyramid schemes or anything else that is not relevant to the purposes of DealerRater.
  • Post or transmit any material that you do not have authority to post or transmit, whether under applicable law or otherwise, including without limitation any information which is or contains any intellectual property of another. DealerRater will follow the procedures required under the Digital Millennium Copyright Act if it believes in good faith that copyrighted material that has been illegally copied and submitted to the Site.


Blacklisting Policy
DealerRater reserves the right to blacklist a dealer immediately and without warning for any reason, including for any violations of these terms and conditions. Dealers or Contributors that submit reviews under fraudulent terms (including writing a review about a competing dealer, submitting a review written by the dealer’s employees, writing a review within the dealership or submitting reviews composed by outsourced companies on behalf of the dealer) are subject to being blacklisted. Dealers are also prohibited from offering or providing any sort of incentive or remuneration to Contributors with respect to the content of any review unless such is part of a promotional campaign officially sponsored by DealerRater and available on a nationwide basis for all Certified Dealers. Blacklisted dealers will have a warning message posted on their review page for six (6) months and are ineligible for participation in DealerRater’s Certified Dealer Program during this time. Any such blacklisted dealers who had been participants in the Certified Dealer Program may reapply for program participation after the blacklist period has expired.

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 arising out of your use of the Site, your violation of these terms and conditions, your violation of any rights of another or out of any review or information you may post or submit. You are responsible for maintaining the security of your user name and password and you are responsible for all statements or reviews made and acts that occur through the use of your user name and password.

Governing Law; Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. By using the Site, you specifically consent to jurisdiction in the Commonwealth of Massachusetts in connection with any dispute arising out of these Terms of Use or pertaining to the subject matter hereof. You further agree that venue for any dispute arising out of these Terms of Use or pertaining to the subject matter hereof shall be exclusively in the courts of the Commonwealth of Massachusetts or the United States District Court located in the Commonwealth of Massachusetts, as applicable.

- The DealerRater Team