DealerRater Terms of Use DealerRater Terms of Use

Last updated September 2014

Thank you for visiting DealerRater.ca (the "Site"), which is owned and controlled by DR Media Holdings, LLC (“DealerRater Canada” “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 DealerRater.ca web 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 Canada users is not allowed under any circumstance.

Content
DealerRater Canada 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 Canada, 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 Canada 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 Canadian and foreign laws. Title to the Content remains with DealerRater Canada 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 Canada. All rights not expressly granted herein are reserved to DealerRater Canada 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 Canada 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 Canada 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.

Content
You understand that all information (including, without limitation, the Information) posted on, transmitted through, or linked from the Site (“Content”) is the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Site. You understand that DealerRater Canada does not control, and is not responsible for Content made available on its website, and 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 Canada and the Site. DealerRater Canada makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on any such site. Access to any such other website (whether through links on the Site or otherwise) is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will DealerRater Canada be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on the Site. You acknowledge that DealerRater Canada does not pre-screen or approve Content, but that DealerRater Canada shall have the right (but not the obligation), in its sole discretion, to refuse, delete or move any Content that is available on the Site for violating the letter or spirit of these terms and conditions or for any other reason.

You specifically acknowledge and agree that DealerRater Canada is not liable for any actions, statements or conduct of any user, including but not limited to any defamatory, offensive, obscene, inappropriate, tortious, or illegal actions, statements or conduct whatsoever by any such user. If you are dissatisfied with any Content posted on the Site, your sole and exclusive remedy is to discontinue using the Site.

The Site 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 Canada’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”):

Dana Faughnan
DealerRater Canada, LLC
221 Crescent Street
Waltham, MA 02453

Any notice provided to our Agent should include the following:
  • The material on the DealerRater.ca website that you claim is infringing or otherwise violates your intellectual property rights, with enough detail so that we may locate it on the website;
  • 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 US Digital Millennium Copyright Act (DMCA) and any other applicable law, DealerRater Canada will remove the infringing posting(s) in its sole discretion.

Viruses; Security
DealerRater Canada does not guarantee or warrant that the DealerRater.ca website or any Information or 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 Canada provide any assurance that unauthorized persons will not be able access your computers, data or systems by means of the DealerRater.ca website or systems or through use of e-mail addresses, user names or other Information or Content they may find on the website. 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.

Confidentiality Warning
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 Canada 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 Canada through the Internet, or that you expressly or implicitly authorize DealerRater Canada to make, or for any errors, data corruption or any changes made to any transmitted information.

Contact Information
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 Canada 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 Canada through the Internet, or that you expressly or implicitly authorize DealerRater Canada to make, or for any errors, data corruption or any changes made to any transmitted information.

Profanity
DealerRater Canada urges users to write reviews in a professional manner. Idiomatic and emphatic profanity may be deemed to be acceptable, but DealerRater Canada reserves the right to reject, remove and/or obfuscate any such profanity in its sole discretion.

Reviews
The DealerRater.ca website includes reviews of car dealerships. Although DealerRater Canada does not control the content or information in the reviews and will not normally edit any reviews, it reserves the right, in its sole discretion and without prior notice, to reject, edit or remove any review for any reason, including that said review violates any of these terms and conditions or is objectionable to DealerRater Canada.

It is a condition of your use of the DealerRater.ca website 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 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.
  • Work at or otherwise be affiliated with any car dealership, 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.ca website.
  • 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 Canada will follow the procedures required under the US Digital Millennium Copyright Act and any other applicable law if it believes in good faith that copyrighted material that has been illegally copied and submitted to the DealerRater.ca website.

You understand that DealerRater Canada has no obligation to monitor, investigate, verify, edit or remove reviews or information. DealerRater Canada reserves the right, in its sole discretion and without prior notice, to edit, refuse to post or remove any review or information, in whole or in part, posted by reviewers for any reason, including for violations of these terms and conditions. DealerRater Canada further reserves the right, in its sole discretion and without prior notice, to ban reviews, in whole or in part, from reviewers for any reason, including for violations of these terms and conditions, and DealerRater Canada may effect such bans by rejecting posts from specific email addresses or IP addresses or through any other means necessary.

DealerRater Canada reserves the right at all times to store, use or disclose any information as necessary to protect its own interest, or others' interest, or to comply with any law, regulation, government request or private subpoena.

Dealers may contact reviewers through our site on items related to a review. When dealers make such contact, email addresses are not provided to either party without prior consent. If it is necessary to retrieve more information about a review, a user may be contacted by DealerRater Canada Support, or through the DealerRater.ca website by a dealership. Because this communication happens through email, each user who posts a review must provide a valid email address and must update their email address when necessary in order for DealerRater Canada or a dealership to be able to communicate with each user. Failure to maintain a valid email address may lead to your account being revoked and your reviews being removed. Failure to acknowledge receipt of a communication by DealerRater Canada 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.

Blacklisting Policy
DealerRater Canada reserves the right to blacklist a dealer immediately and without warning for any reason, including for any violations of these terms and conditions. Dealers 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. Blacklisted dealers will have a warning message posted on their review page for six (6) months and are ineligible for participation in DealerRater Canada’s certification program during this time. Any such blacklisted dealers who had been participants in the DealerRater Canada program may reapply for program participation after the blacklist period has expired.

Proprietary Rights
DealerRater Canada is protected to the maximum extent permitted by copyright and other intellectual property laws and by international treaties relating thereto. The look, feel, design and concept of the DealerRater.ca website and all of the reviews, text, HTML code, multimedia clips, audio, video images, graphics, icons, Java code, and the selection and arrangement of all components thereof contain and otherwise constitute trademarks, service marks, trade names or other copyrighted or proprietary material of DealerRater Canada or other related entities. Content displayed on or through the DealerRater.ca website is protected by copyright as a collective work and/or compilation pursuant to all applicable copyright laws and international conventions. Your submission of a review to the DealerRater.ca website does not imply that a license has been granted to you for any further use of the website or the Content. Any reproduction, modification, creation of derivative works from or redistribution of the Information or Content contained on the DealerRater.ca website or the copying or reproducing the DealerRater.ca website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express prior written consent of DealerRater Canada. You further agree not to reproduce, duplicate or copy any Content or Information without the express written consent of DealerRater Canada, and you agree to abide by any and all copyright notices displayed on the website.

Although DealerRater Canada does not claim ownership of the Content that its users post, by posting Content on the DealerRater.ca website, you automatically grant, and you represent and warrant that you have the right to grant, to DealerRater Canada an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content on the DealerRater.ca website, you automatically grant DealerRater Canada all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content by any party except DealerRater Canada for any purpose.

Indemnification
By using the DealerRater.ca website, you agree to indemnify, defend and hold DealerRater Canada, 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 DealerRater.ca website, 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.

Your use of the DealerRater.ca website and its resources is an acceptance of these terms and conditions as well as those further terms and conditions stated on our Help Page.

Governing Law; Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA. By using the DealerRater.ca website, 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 Canada Team