Terms of Use
Agreement between KTOB LLC and the Customer and its authorized users
Welcome to DealerStats. DealerStats (the Service) is a set of applications, tools and online services provided through the DealerStats website (the "Site"), which is comprised of various web pages operated by KtoB LLC and accessed under various domains including but not limited to dealerstats.net. In these Terms of Use, the words "Customer", "you" and "your" refer to each customer, Site visitor, or Application user, "we", "us" and "our" refer to KtoB LLC and "Services" refers to all services provided by us The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of The Service constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Site is an E-commerce Site that provides various Services, primarily but not limited, to car dealers, finance companies and marketing companies (Customers). The main service offered is a software solution for Customers to access Motor Vehicle Sales, Financing and other Statistical data (Data) that KTOB compiles within its propietary databases as obtained by KTOB from individual states. The solution also may offer third party integrations, advertising and marketing tools.
Data and Availability
Customer shall not resell or license the Data to any third party. Data is offered subject to availability, please contact us to inquire about the availability of specific data or periods you might want to access. KTOB will not be held liable for the completeness, accuracy or availability of the Data offered under the subscription.
DPPA Regulated Data Use Restrictions.
Shall some of the Data offered contain data protected by the federal Driver’s Privacy Protection Act (18 USC §2721), and or other Regulations (DPPA Data): Customer warrants and represents that it shall solely use the DPPA Data for research activities or in producing statistical reports, so long as no personal information is published, re-disclosed, or used to contact individuals. Customer shall not use the DPPA Data for any direct marketing purposes. The following data fields are excluded from DPPA protection: State, county, zip code, dealer name and dealer type, new and used vehicles, lien holder name, lease data, loan data, and vehicle information.
Electronic Communications
Visiting the Site or sending emails to the Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KTOB LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. KTOB LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Confidentiality
KTOB LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Personal Identifiable Information (PII) is defined as: Any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means. Further, PII is defined as information: (i) that directly identifies an individual (e.g. , name, address, social security number or other identifying number or code, telephone number, email address, etc.) or (ii) by which an agency intends to identify specific individuals in conjunction with other data elements, i.e., indirect identification. (These data elements may include a combination of gender, race, birth date, geographic indicator , and other descriptors). Additionally, information permitting the physical or online contacting of a specific individual is the same as personally identifiable information. This information can be maintained in either paper, electronic or other media.
In the course of providing and receiving the Service, each party acknowledges that it may receive or have access to PII. As such, each party shall: (i) keep all PII in strict confidence, with the degree of care necessary to avoid unauthorized access, use or disclosure; (ii) use PII solely and exclusively for the purposes provided in this Agreement; (iii) implement administrative, physical and technical safeguards to protect PII that are at least as rigorous as accepted industry practices; and (iv) as applicable, have in place a program that complies with applicable legal requirements regarding PII, including, if applicable, PCI standards for data security
Pricing and Payment
Access to the Site and Data is subscription based, depending on the subscription level some features may be restricted or optional. Subscriptions are billed and charged Monthly or as otherwise may be agreed with Customer.
Some Services or Third Party Services accessible through the Site may incur in additional fees charged to Customer: a) for fees charged directly by third parties to Customer, it would be Customer's sole responsibility to keep such accounts in good standing b) for fees charged to KTOB LLC by a third party in connection with Customer use of their services, Customer shall immediately refund KTOB LLC for any such expense.
Customer hereby authorizes KTOB LLC to charge its primary payment method at any time to cover any moneys due or that may become due by Customer to KTOB LLC, including but not limited to subscriptions, reimbursement for third party services paid on behalf of Customer and payment for any utilized or requested services. Pricing of services and subscriptions will be charged in accordance with the fee schedule published on the "Account Information" section within the Site and/or on any separate fee schedule that might be agreed between KTOB LLC and Customer.
Inactive Accounts
Customer's account will be marked as Inactive after 3 consecutive failed monthly subscription payments. All data contained in Customer's account might be deleted/destroyed and not recoverable after it becomes inactive, however if data is still available, the account can be re-activated at Customer's request. Reactivations incur in a reactivation fee equal to the sum of two monthly subscriptions payments.
Cancellation/Refund Policy
You may cancel your subscription at any time by writing to us at "support@dealerstats.net". Cancellation requests become effective for the next subscription cycle and must be received by KTOB LLC at least 5 business days before the due date of the next subscription cycle. No Refunds fr the current period will be issued upon cancelation requests.
Links to third party sites/Third party services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of KTOB LLC and KTOB LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KTOB LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KTOB LLC of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating or accessed through the Site domains or related applications, you hereby acknowledge and consent that KTOB LLC may share any information and data with any third party as it may be necesary to provide the requested product, service or functionality on behalf of the Site users and customers.
KTOB LLC may act as an independent representative for some third party companies and promote their services. Users and Customers acknowledge that no representation is made by KTOB LLC as to the fitness of the third party products and services for the users' or customers' intended purpose and that KTOB LLC may be receiving a referral or commission for promoting such services.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access the Data and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to KTOB LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of KTOB LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of KTOB LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of KTOB LLC or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by KTOB LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local and international laws. You agree that you will not use the Site Content accessed in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless KTOB LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site, Service or any third party services accesed though or linked to the Site, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. KTOB LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KTOB LLC in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KTOB LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR SERVICE AT ANY TIME.
KTOB LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, THIRD PARTY SERVICE INTEGRATIONS AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, THIRD PARTY SERVICE INTEGRATIONS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KTOB LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KTOB LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KTOB LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR RELATED SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Termination/access restriction
KTOB LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and KTOB LLC as a result of this agreement or use of the Site. KTOB LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KTOB LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by KTOB LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KTOB LLC with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KTOB LLC with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
KTOB LLC reserves the right, in its sole discretion, to change the Terms under which the Service is offered. The most current version of the Terms will supersede all previous versions. KTOB LLC encourages you to periodically review the Terms to stay informed of our updates. Customer's continued use of the Service shall indicate Customer's acceptance of the new terms.
Contact Us
KTOB LLC welcomes your questions or comments regarding the Terms:
KTOB LLC
700 South Royal Poinciana Blvd, 702
Miami Springs, Florida 33166
Email Address: support@dealerstats.net
Telephone number: (305) 686-2622
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