Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE SUBMITTING THIS ORDER.

DealerTrack ("Company," "we," "us") provides this order form via the jTracker.com site (the "Site") in order to facilitate a transaction between you and the third party listed at the top of the order form.

Please read these Terms of Use carefully. If you do not accept all the terms and conditions contained herein, do not submit this order. By clicking on the "I Agree to Terms and Conditions Below/Submit Order" button, you are expressly agreeing to these Terms of Use.

1. Order Form. You agree to provide accurate, current and complete information about yourself as prompted by the order form. You hereby expressly agree to defend, indemnify and hold us harmless from any liabilities we may incur based on any incorrect or incomplete information you provide on this form. We will submit the information you provide to the third party listed at the top of the order form. We have no control over such third party. We are merely providing this order form as a convenience to you and such third party and we expressly disclaim all warranties regarding such third parties or any transaction that you may enter into with such third party. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of such third party.

2. Disclaimers. THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON.

3. Limitation of Liability. NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT DAMAGES OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO COMPANY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

4. Questions. The Site is provided by DealerTrack Transport Directory, Inc. If you have any questions, comments or complaints regarding these Terms of Use or the Site, feel free to contact us at Dealertrack Central Dispatch Inc., 26387 Network Place, Chicago, IL 60673-1263, 800-928-7869 or info@centraldispatch.com.

5. Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

6. Miscellaneous. These Terms of Use are governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Nassau, New York, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. If you subscribe to any other websites owned or operated by DealerTrack, you agree that DealerTrack shall have the right to first apply any payments made under this Site to any outstanding amounts that may be owing with respect to your subscription with any of DealerTrack's other websites. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use are inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Please read the Company Privacy Policy Addendum.

If you have any questions about our company, this Site or this Privacy Policy, please contact us at info@centraldispatch.com.