These Accelerate Program Terms of Service (“Terms of Service”) shall serve as the agreement between the accepting Dealership (hereinafter, “You” or “Your”) and Dealer Tire, LLC (“Us” “We”, “Our”, or “Dealer Tire”) (the “Agreement”) governing Your participation, access, and use of Our Dealer Tire Accelerate Program online training and program communication services and tools powered by RockED (Our service provider) (the “Program Services”). This Agreement becomes effective the sooner of (a) You clicking the “I accept”, “I agree” or similar button or check box referencing these Terms of Service or, (b) Your actual use of the Program Services (the “Effective Date”). Dealer Tire reserves the right to modify or terminate all or any portion of the Program Services at any time upon notice to You. These Terms of Service may be updated from time to time by Us. You are encouraged to periodically check the most current version of Our Terms of Service for such updates and/or changes. We will make reasonable efforts to notify You of any material changes. Use of the Program Services after the changes have been made and communicated to You shall be deemed Your acceptance of those changes. Either party may terminate this Agreement at any time by providing written notice to the other party. Upon termination of this Agreement, any licenses granted herein shall immediately terminate.
You acknowledge and agree that the Program Services described herein are being made available to You and those of Your Dealership personnel authorized to participate in the Program Services (each, an “End User”) under a limited, non-transferable, and non-sublicensable license from Dealer Tire. You are solely responsible for determining End User eligibility to access and utilize the Program Services. Notwithstanding the above, We reserve the right to suspend or terminate an End User account or deny access to Program Services to any person or entity for any lawful reason, in Our sole discretion. In order to access and use Program Services, You agree to provide Us, upon request, and authorize Us to share with RockED[1], the following Dealership information for Program Services enrollment purposes: (1) Your Dealership name, address, and email domain; and (2) the business contact information for Your designated administrative End User(s) (typically Your service manager) who You authorize to have administrative access to Your Dealership’s Program Services usage reports and status updates as made available through the RockED platform. . Once Your Dealership is enrolled in the Program Services, Your End Users will be notified and required to create a user account through the Program Services platform and agree to Our, and Our service provider’s end user license agreement (EULA), before being provided access to the Program Services. To facilitate Your End User’s enrollment, You agree that We may use as Our End User eligibility default parameter, any individual having an active Dealership email address at the time of their End User enrollment. Should You require us to exclude any specific individual(s) now or in the future,or should there be changes to an administrative End User, You agree to notify Us promptly. End Users are issued individual accounts and are not authorized to share this account or their login credentials with others. Each End User is responsible for ensuring their account login and password remains secure. Should You become aware of a compromise of an End User’s account information or any unauthorized activity under Your or Your End User accounts, You agree to notify Us immediately.
End Users may only access and utilize the Program Services through the Dealer Tire approved RockED websites and/or web applications. Once an End User is registered in the RockED platform as an authorized End User, they will be provided with access to the designated Program Services. End Users with administrative access will also be provided access to various reports and status updates on Your End User participation made available through the RockED platform It is solely Your responsibility to ensure Your End Users are advised of any restrictions, limitations, or internal guidelines related to access and/or use of the Program Services, such as, but not limited to, those relating to the time, place, and/or manner of access and/or use. You are solely responsible for Your and Your End User’s compliance with all applicable laws, including wage and hour laws, in respect to the use of these Program Services. You agree to indemnify, defend, and hold Us, our affiliates, and service providers, any OEM sponsors of the Program Services, and each of their and Our owners, officers, directors, employees, agents, licensors, successors, and assigns harmless from any third-party claims (including any claim made by an End User), and any associated losses, liabilities, expenses (including reasonable attorney’s fees), and/or damages which may be incurred, to the extent arising from or relating to: (a) Your violation of these Terms of Service; and/or (b) Your End User’s access to and/or use of the Program Services. This indemnity obligation shall survive termination of this Agreement for any reason.
In furtherance of the Program Services, We and/or Our service providers may have limited access to certain information that may constitute personal information or similarly defined information under applicable data privacy law(s) (e.g. name and email address) (“Personal Information”). We and Our service providers have implemented and will maintain reasonable physical, electronic and procedural safeguards as We deem necessary to secure and protect the confidentiality and security of this Personal Information obtained in furtherance of the Program Services and will not sell such Personal Information. We will comply with all applicable laws, including data privacy laws, in respect to the collection, processing, storage, handling, and deletion of the Personal Information obtained hereunder, and will limit access to and use of such Personal Information to those persons and/or entities who need to know and/or access same in order to provide the Program Services as contemplated by this Agreement, and who are subject to obligations and restrictions in respect to such information substantially equivalent to these terms.
YOU ACKNOWLEDGE AND AGREE THAT THE PROGRAM SERVICES ARE PROVIDED TO YOU AND YOUR END USERS ON AN "AS IS" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS AND WARRANTIES IN RESPECT TO THE PROGRAM SERVICES CONTENT OR ITS PERFORMANCE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE AND AGREE THAT DEALER TIRE, ITS AFFILIATES, AND ANY OEM SPONSORS TO THE PROGRAM SERVICES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND IN RESPECT TO THIS AGREEMENT OR THE PROGRAM SERVICES, WHETHER OR NOT HAVING BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SPECIFICALLY INCLUDES ANY ACTION UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT DEALER TIRE'S ENTIRE AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM SERVICES, IF ANY, SHALL BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU FOR THE PROGRAM SERVICES GIVING RISE TO THE CLAIM OVER THE PRIOR TWELVE (12) MONTH PERIOD OR $1000.00. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms of Service shall be construed and enforced in accordance with the laws of the State of Ohio and the United States of America, without regard to their respective conflicts of law principles.
[1] Subject to any additionally required OEM Program consent.
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