The web pages available at https://WD360Marketing.com and all linked pages, including all information provided at https://WD360Marketing.com to any other website (collectively the “Site”) are owned and operated by Wheeler Dealer 360, LLC (“WD360 Marketing”).
You agree, by accessing and/or using the Site and any services offered by WD360 Marketing (the “Service”), that this is a binding contract between You and WD360 Marketing, and that You will abide by the Terms. WD360 Marketing reserves the right to amend the Terms in its sole discretion without notice to You. WD360 Marketing will exercise reasonable efforts to post a notice on the Site any time the Terms have been amended. However, You agree that it is solely your responsibility to review the Terms periodically and that You will immediately cease use of the Site and the Service if, at any time, You find the Terms unacceptable. You agree that, by continuing to use or access the Services following notice of any revision, You have consented to and will abide by any such revision. BY ACCESSING AND USING THE SITE AND/ OR THE SERVICE, YOU AGREE AND AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT AND ANY AGREEMENTS REQUIRED IN CONNECTION WITH YOUR USE OF THE SERVICE AND/ OR SITE.
Access by Authorized Users.
Access to certain aspects of the Site or certain Services may require a username and password. Access to these sites by You requires a secure link accessible only from behind your firewall. You are solely responsible for all control, management, dissemination of, and creation of new usernames and passwords. Any access to the Site or Services via such username and password or secure link is deemed by WD360 Marketing to be done with your authorization and You agree to be responsible for all activities that occur under your usernames and passwords including, but not limited to, any orders placed with Third Party Vendors, any access that is provided to billing information, and any security breaches. Furthermore, You agree that You will exit from your account at the end of each session and that You will not engage in any activity that interferes with or disrupts the Site or Service (or the servers and networks which are connected to the Site or Service).
Any and all intellectual property rights (“Intellectual Property”) associated with the Site, the Service and its contents (the “Content”) are the sole property of WD360 Marketing, its affiliates or third parties. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to WD360 Marketing, subject to copyright and other intellectual property rights under the laws of the United States and other countries, as well as international conventions. Content provided by WD360 Marketing is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WD360 Marketing reserves all rights not expressly granted in and to the Site and Services.
WD360 Marketing grants You a limited, personal, non-transferable, non-sublicensable, revocable license to (a) access and use only the Site, Content and Services only in the manner presented by WD360 Marketing, and (b) access and use the WD360 Marketing computer and network services offered within the Site (the “WD360 Marketing Systems”) only in the manner expressly permitted by WD360 Marketing. Except for this limited license, WD360 Marketing does not convey any interest in or to the WD360 Marketing Systems, information or data available via the WD360 Marketing Systems (the “Information”), Content, Services, Site or any other WD360 Marketing property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of WD360 Marketing. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the Content in any way, unless expressly permitted to do so by WD360 Marketing.
Linking to any page of the Website other than to https://WD360Marketing.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with WD360 Marketing. Any website or other device that links to https://WD360Marketing.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that WD360 Marketing or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with WD360 Marketing or any of its affiliates, (e) presenting false information about WD360 Marketing products or services, and (f) using any logo or mark of WD360 Marketing or any of its affiliates without express written permission from WD360 Marketing.
User Supplied Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, WD360 Marketing cannot be, and is not responsible for, the security of information that you choose to communicate with WD360 Marketing, the Site and Merchants while it is being transmitted. In addition, WD360 Marketing is not responsible for any data lost during transmission. You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted WD360 Marketing the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also grant WD360 Marketing the right to edit, copy, publish and distribute any material that you make available on this Site.
Restrictions on use of the Site and the Service
In accessing and/or using the Site or Service, You are expressly prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for You, (b) or logging onto a server or account that You are not authorized to access, (c) attempting to breach the security or authentication measures of the Site and Service without proper and prior authorization, (d) attempting to probe, scan or test the vulnerability of the Service, the Site or any associated system or network, or, (e) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing” or “crashing,” (f) using the Site or Service to send unsolicited correspondence, including, without limitation, promotions or advertisements for products or services (excluding advertisements provided in accordance with these Terms), (g) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service, or (h) attempting modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by WD360 Marketing in providing the Site or Service. Any violation of system or network security may subject You to civil and/or criminal liability.
Termination of use of the Service or the Site
WD360 Marketing reserves the right to terminate your account or your access to the Site immediately, in its sole and absolute discretion, with or without notice to You, and without liability to You, if WD360 Marketing believes that You have violated any of the Terms, furnished WD360 Marketing with false or misleading information, failed to make any payments for Services when due or interfered with use of the Site or the Service by others. In order to ensure the highest quality service for all users of the Site and Service, You agree that WD360 Marketing or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Service.
Disclaimer of all Warranties.
WD360 MARKETING PROVIDES THE SITE AND SERVICE ON AN “AS IS,” AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. WD360 MARKETING MAKES NO WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR DEALS PROVIDED THROUGH THIS SITE OR BY MERCHANTS. ALSO, THERE IS NO WARRANTY OF LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THE ENTIRE RISK ARISING OUT OF THE USE, QUALITY, ACCURACY, EFFORT, OR PERFORMANCE OF SITE OR SERVICES IS WITH YOU. IN ADDITION, WD360 MARKETING DOES NOT WARRANT THE SECURITY OF THE SITE OR SERVICE OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE THROUGH IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. WD360 MARKETING IN ITS DISCRETION MAY PROVIDE SUPPORT FOR THE SITE OR SERVICE.
Limitation of Liability.
IN NO EVENT WILL WD360 MARKETING BE LIABLE TO ANY PARTY FOR (i) ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE SITE OR SERVICE, ANY AND ALL DEALS, SERVICES, PRODUCTS OR REPRESENTATIONS PROVIDED BY MERCHANTS OR ANY AGREEMENT BETWEEN YOU AND A MERCHANT. PROVISION OF OR FAILURE TO PROVIDE THE SITE OR SERVICE, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE SITE OR SERVICE OR YOUR USE AND RELIANCE ON INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE SITE OR SERVICE, EVEN IF WD360 MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, WD360 MARKETING’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Potential Disruption of Service.
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended, or terminated. WD360 Marketing retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
You agree to indemnify, defend and hold harmless WD360 Marketing, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. WD360 Marketing will notify you in writing of any such claim, loss, liability, or demand.
WD360 Marketing provides specific terms and conditions for each Service offered to it’s clients. Included in each Service is specific language about the terms of the contract, cancellation policy for the Service. Please refer to the contract specific to the Service you purchased. Unless otherwise specified in the service terms and conditions, WD360 Marketing reviews case by case regarding refunds for products and services purchased through WD360 Marketing.com. All requests for refunds and cancellations must be provided directly to WD360 Marketing by phone, email or mail. All fees paid to WD360 Marketing are refundable up until the point that service is activated. After service is activated, service fees are incurred on a month-to-month basis. WD360 Marketing has no obligation to reimburse except at WD360 Marketing’s discretion. You will be required to confirm the purchase of any service and the associated fee before your credit card is charged.
Governing Law and Arbitration.
This Agreement will be construed in accordance with and governed by the laws of the state of Ohio, without reference to its rules regarding conflicts of law, except for the arbitration agreement below, which will be subject only to the Federal Arbitration Act. You agree that any disputes, concerns, complaints or claims You may have regarding WD360 Marketing, the Site or the Service (“Disputes”), will be determined exclusively by arbitration before one arbitrator in an arbitration administered by and governed by the American Arbitration Association (“AAA”). The venue for any arbitration will be Cleveland, Ohio, or the closest available location thereto, pursuant to AAA Arbitration Rules and Procedures. The arbitrator may, in his or her award, allocate all or part of the costs of the arbitration, including arbitration fees and reasonable attorney fees of the prevailing party. Judgment on the award of the arbitrator may be entered in and enforced by any court of competent jurisdiction. YOU EXPRESSLY AGREE THAT ANY AND ALL DISPUTES RELATING TO THE ENFORCEMENT, BREACH, TERMINATION, SCOPE OR VALIDITY OF THE TERMS SHALL BE SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS. Any arbitration conducted in accordance with the Terms shall be governed exclusively by the Federal Arbitration Act.
If any term or condition in these Terms is found to be unenforceable by an arbitrator or court of competent jurisdiction, all other terms and conditions shall remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Should You breach any provisions of the Terms, WD360 Marketing shall be entitled to recovery of all damages due to your breach, including, without limitation, all costs (including reasonable attorney fees) incurred to enforce its rights under these Terms.
WD360 Marketing is an Ohio company and the Site and Service are controlled, maintained, and operated by WD360 Marketing from its offices in the state of Ohio. WD360 Marketing makes no representation that any of the materials available on the Site or through the Service are available or appropriate for use in other locations. You understand that your access or use of the Site or the Service, should not be construed as WD360 Marketing’s purposeful availment of the benefits or privilege of doing business in any state or jurisdiction other than Ohio.