Introduction

Welcome to Dealerverse.

This Dealerverse Terms of Site Agreement (the “Agreement” or “Terms”) is made between Dealerverse, LLC (“Dealerverse,” “we,” “us,” or “our”) and you, our customer (“you” or “your”).

PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE YOU UNDERSTAND IT. IF YOU DO NOT UNDERSTAND THE AGREEMENT, OR DO NOT ACCEPT ANY PART OF IT, THEN YOU MAY NOT USE THE SERVICE.

NOTICE: SECTION 11 OF THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT FOR CERTAIN PRIVACY CLAIMS THAT YOU OR DEALERVERSE COULD ASSERT. BY USING OUR SERVICE AND ACCEPTING THIS AGREEMENT, YOU (1) AGREE TO BINDING ARBITRATION OF THESE CLAIMS BEFORE A NEUTRAL ARBITRATOR; AND (2) WAIVE YOUR RIGHTS TO GO TO COURT, HAVE A JURY HEAR YOUR CASE, OR PARTICIPATE AS PART OF A CLASS OF PLAINTIFFS WITH RESPECT TO SUCH CLAIMS.

1. ACCEPTANCE. By accessing or using the Dealerverse.com website (the “Site”), you accept this Agreement and any posted guidelines and rules applicable to the Site that may be posted and updated from time to time on the Site and consent to contract with us electronically. All such guidelines and rules are incorporated by reference into this Agreement. Also, by using our Site, you agree to the Meta Terms of Service, the Meta Commercial Terms, and any Meta Product terms that are applicable. If you are an entity other than a natural person, the person who registers the account or otherwise uses our Site must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the Site. We may update this Agreement by posting a revised version on the Site. By continuing to use our Site, you accept any revised Agreement. If you do not accept this Agreement or the aforementioned Meta terms, do not use this Site. In the event of a violation of these Terms of Site Agreement, Dealerverse reserves the right to seek any remedy available to it by law and/or in equity.
2. OUR SERVICE. This Agreement governs your use of the Site, which subject to the terms hereof, may include the right to:
   • Manage advertising budgets, connect with and manage ad platforms, and create and manage ad creative assets.
   • Make use of artificial intelligence and machine learning algorithms to automate and optimize various aspects of the ad management process including but not limited predictive budget allocation, automated bid optimization, and performance report generation.
   • Access all ad platforms from one central location.
   • Create and manage ad creative assets.
   • Utilize features like drag-and-drop editor, templates for different ad formats, and collaboration tools to facilitate teamwork and communication among team members.
   • Services designed to simplify and streamline the ad management process.
   • Use of all related functionality that we may provide.
3. REGISTRATION. Registration with the Site is not required to view most general content on the Site. However, you are required to register if you wish to use the Site for Dealerverse’s ad management services. To register you will need to create an account with Dealerverse and select a password and screen name (“Dealerverse User ID”). You must provide Dealerverse with accurate, complete, and updated registration information. Failure to do so will be a breach of this Agreement, and may result in immediate termination of your Dealerverse account. You may not (i) select or use as a Dealerverse User ID a name of another person with the intent to impersonate that person; (ii) use as a Dealerverse User ID a name subject to any rights of a person and/or entity other than you without appropriate authorization; or (iii) use as a Dealerverse User ID a name that is otherwise offensive, vulgar or obscene. Dealerverse reserves the right to refuse registration of, or cancel, a Dealerverse User ID in its sole discretion. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Dealerverse immediately of any breach of security or unauthorized use of your account. Although Dealerverse will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dealerverse or others due to such unauthorized use. All registration information provided by you shall be subject to Dealerverse’s Privacy Policy. By creating an account, you agree to receive notices from Dealerverse at the email address you provide. If you are using the Site on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Site. If you wish to use the Site for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Site only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding. You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. SUBSCRIPTION PLANS. We offer paid subscriptions that allow you to ______________. Advertised prices and features may change. You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage. We may offer a free trial or discounted subscriptions. When a free trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee. Our refund policy does not apply to fees charged immediately after a free-trial period ends, attempted abuse of the refund policy (i.e., by subscribing and requesting refunds repeatedly), subscription renewals or migrations to other plans, fees other than annual or monthly subscription fees, requests made after the specified periods, customers who have breached this Agreement or whose accounts were terminated in accordance with our Copyright Policy, customers who joined using a promotion that expressly disclaimed our refund policy, or customers who have initiated a chargeback dispute. To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless cancelled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Any opt-out or notice of non-renewal will not affect the current subscription period. Dealerverse may decline renewals. When a subscription ends, the account will be deleted. Any content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving your content. Dealerverse shall not be responsible for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require Dealerverse to provide any level of post-subscription account status. You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Site to any third party unless authorized by us in writing.
5. CREDIT CARD USE. All payments for your plan will be billed to the credit card you provide. You authorize the card issuer to pay any and all amounts described herein and associated with your plan and authorize Dealerverse – or third party acting on behalf of Dealerverse – to continue charging all amounts to the provided credit card until either you or Dealerverse terminates the plan provided herein or the amounts are paid in full, whichever is later. It is your duty to and you must provide accurate, timely, and complete billing and credit information. To keep your account current, accurate and complete, you must update all applicable billing information. In the event that your credit card is lost, stolen, or if you become aware of any security incident or compromise involving your account’s security, you must promptly notify Dealerverse. You authorize Dealerverse to determine or acquire up-to-date expiration dates for your credit card in the event of credit card expiration. Dealerverse reserves the right to charge any renewal credit card issued to you in the same extent as the expired card. If your credit card issuer charges you a foreign transaction fee or related charge(s), you bear the responsibility of paying said fee/charge(s). If payment is not received from your card issuer, you agree to pay any and all amounts due upon demand. You agree to pay all costs related to the collection of any outstanding balance including but not limited to attorney’s fees and costs. Dealerverse will refrain from exercising its rights in this section if you are disputing applicable charges reasonably, in good faith, and are cooperating diligently to resolve the dispute.
6. ACCEPTABLE USE POLICY. You must ensure that your Content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. Dealerverse may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Dealerverse may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.
   
   Copyright Policy
   
   

   You may only upload Content that you have the right to upload and share. Copyright owners may send Dealerverse a takedown notice as stated in our Copyright Policy if they believe Dealerverse is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who infringe the rights of third parties.

   Content Restrictions
   
   You may not submit any Content that:
   
   • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
   • Is defamatory; or
   • Violates any applicable law.
   Prohibited Technical Measures
   
   You will not:
   
   • Except as authorized by law or as permitted by us: redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Site; or attempt to circumvent any of our security or digital rights management measures;
   • Submit any malicious program, script, or code;
   • Submit an unreasonable number of requests to our servers;
   • Take any other actions to manipulate, interfere with, or damage our Site;
   • Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Site or any Content except: (a) as expressly authorized by the Site; or (b) with prior written permission from Dealerverse and, if applicable, the respective rights holders; or
   • Circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Site (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Site or Content.
7. LICENSES.
   
   Our License to You.
   
   Subject to your compliance with these Terms and all other applicable terms and policies, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license to use, access, and integrate with Site, but only to the extent permitted in these Terms and all other applicable terms and policies. You will not sell, transfer, or sublicense the Site to anyone. Except as expressly licensed herein, you will not use, access, integrate with, modify, translate, create derivative works of, reverse engineer, or otherwise exploit the Site or any aspect thereof. We reserve all rights, title, and interest (including the right to enforce any such rights) not expressly granted in these Terms.
   
   Your License to Us
   
   You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to: host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of any information, data, and other content made available by you or on your behalf in connection with Site (collectively, “Your Content”) for any business purpose in connection with operating, providing, or improving the Site or any other Dealerverse product. This license remains in effect even if you stop using Site. Without limitation, your license to us includes: the right to incorporate Your Content into other parts of Dealerverse products, the right to attribute the source of Your Content using your name, trademarks, or logos; the right to use Your Content for promotional purposes, and the right to analyze Your Content (including to make sure you’re complying with these Terms and all other applicable terms and policies).
   If you owned Your Content before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms or any other applicable terms or policies and any access you provide to others by sharing it via Site.
   You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to: host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the advertisements you create using the Site for any business purpose in connection with operating, providing, or improving the Site. This license remains in effect even if you stop using Site.
   As between the parties, in connection with the Site, we won’t be subject to any terms or policies associated with your website or Your Content. Those terms and policies are considered null and void and are rejected and excluded from these Terms.
   Nothing in these Terms will be interpreted as a representation or agreement that we will not create or have not created, advertisements, copy, templates, photographs or images that are similar to Your Content.
   You grant us a non-exclusive, royalty-free, worldwide license to use your name, trademarks, and logos in connection with advertisements created by you while you are using the Site.
   Protecting the Rights of Others
   
   You will not provide or promote content in your advertisements created through the Site that infringes upon or otherwise violates the rights of any person or third party.
   You will obtain (and represent and warrant that you own or have secured) all rights necessary from all applicable rights holders to (1) grant the licenses, rights, and permissions in these Terms (including those in Section 2.b (“Your License to Us”)); and (2) display, distribute, and deliver all information, data, and other content in your advertisements created using the Site.
   If your advertisements created using the Site contains content submitted or provided by third parties, you must comply with all applicable laws and regulations to respond to notices of claimed infringement. Without limiting that compliance, in the United States, you must comply with all requirements of the Digital Millennium Copyright Act.
8. YOUR OBLIGATIONS.
   
   Representations and Warranties
   
   You specifically represent and warrant that (i) you either own fully and outright the Content or have obtained all rights, approvals, licenses, consents and permissions as are necessary, and are authorized to grant the licenses granted by you under this Agreement, to make the representations and warranties made herein, and to perform your obligations hereunder; (ii) your Content and the distribution and/or publication of your Content through the Site, directly or indirectly, does not, and shall not, infringe or misappropriate any copyright, trademark, privacy right, name and likeness right or any other rights of any third party; (iii) you have obtained all necessary consents (including with respect to name and likeness), secured all licenses and paid all associated fees required to be paid to third parties (“Third Party Fees”) with respect to the Content and you covenant to timely pay any and all Third Party Fees required to be paid in the future. You further expressly agree that, as between you, on the one hand, and Dealerverse on the other hand, any obligation to secure any third party rights and to pay Third Party Fees as a result of distribution of your Content pursuant to this Agreement shall be your obligation and not the obligation of Dealerverse.
   
   Indemnification
   
   You agree to defend, indemnify and hold harmless Dealerverse and its affiliates, and subsidiaries and their respective officers, directors, employees and/or agents (collectively, “Dealerverse Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of this Agreement, including any breach of any representation, warranty, covenant or agreement made by you herein; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any Content you uploaded or published on the Site caused damage to a third party; or (v) your negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Dealerverse Indemnitees. Dealerverse shall have the right, in its sole discretion, to select its own legal counsel to defend the Dealerverse Indemnitees from any Claims (but by doing so shall not waive Your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys’ fees incurred by the Dealerverse Indemnitees in connection therewith. You shall notify Dealerverse immediately if you become aware of any actual or potential Claims, suits, actions, allegations or charges that could affect your or Dealerverse’s ability to fully perform its respective duties or to exercise its respective rights under this Agreement. You shall not, without the prior express written approval of Dealerverse, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Dealerverse Indemnitee. This defense and indemnification obligation will survive this Agreement and your use of the Site.
9. TERM AND TERMINATION
   
   This Agreement begins when you first use our Site and continues so long as you use our Site or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to users who do not have a subscription plan (i.e., free users), (a) Dealerverse may terminate this Agreement at any time, and (b) applicable users may terminate at any time by deleting their accounts.
   We will notify you with the reason for termination by Dealerverse unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Dealerverse or our affiliates; (b) would compromise an investigation or the integrity or operation of the Site; or (c) would cause harm to any user, other third party, Dealerverse or our affiliates.
   If you breach this Agreement, Dealerverse may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any Content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Dealerverse deletes your account for breach, you may not re-register.
10. DISCLAIMERS. THE SITE IS PROVIDED BY DEALERVERSE “AS IS” AND “AS AVAILABLE” ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, DEALERVERSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, DEALERVERSE DISCLAIMS ALL WARRANTIES REGARDING THE SITE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, TITLE, SUITABILITY, THE AVAILABILITY OR QUALITY OF ANY SERVICES AVAILABLE VIA THE SITE OR OTHERWISE. YOU AGREE THAT USE OF THE SITE SHALL BE AT YOUR SOLE RISK. DEALERVERSE MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT THE SITE WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC. YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE RELIES UPON THIRD-PARTY SOFTWARE FOR CERTAIN FUNCTIONS. DEALERVERSE MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT THE SITE WILL BE ERROR FREE, ACCOMPLISH THE SPECIFIED INTENT OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC, AND DEALERVERSE SHALL NOT BE LIABLE FOR ANY FAILURE THEREOF TO YOU OR ANY THIRD PARTY. YOU ALSO ACKNOWLEDGE AND AGREE THAT TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD OR OTHERWISE ACQUIRE YOUR CONTENT WITHOUT YOUR AND/OR DEALERVERSE’S AUTHORIZATION AND/OR KNOWLEDGE. DEALERVERSE MAKES NO REPRESENTATIONS OR WARRANTIES THAT OUR SITE, OR ANY PART THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, UNINTERRUPTED OR ERROR-FREE, COMPLETELY SECURE, OR ACCESSIBLE FROM ALL DEVICES OR BROWSERS, THAT WE WILL HOST, MAKE AVAILABLE, OR REMOVE ANY SPECIFIC PIECE OF CONTENT, THAT ANY GEO-FILTERING OR DIGITAL RIGHTS MANAGEMENT SOLUTION THAT WE MIGHT OFFER WILL BE EFFECTIVE, THE SITE’S ACCURACY, RELIABILITY, OR AVAILABILITY, THAT THE SERVICE WILL MEET YOUR BUSINESS OR PROFESSIONAL NEEDS, THAT WE WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OR MAINTAIN COMPATIBILITY WITH ANY THIRD-PARTY SOFTWARE OR DEVICE, OR THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL DEALERVERSE OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, THE CONTENT, THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT, AND/OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SITE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF DEALERVERSE OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DEALERVERSE ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; ANY UNAUTHORIZED ACCESS TO OR USE OF THE DEALERVERSE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE. SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, DEALERVERSE’S AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
12. DISPUTES, ARBITRATION, AND CHOICE OF LAW. If you are dissatisfied with our Site for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
    
    Choice of Law
    
    Any disputes relating to this Agreement or your use of our Site will be governed by the laws of South Carolina and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. Notwithstanding the foregoing, the arbitration agreement set forth in this Section 11 will be governed by the Federal Arbitration Act.
    Choice of Venue for Litigation; Jury Trial Waiver
    
    Except for matters that must be arbitrated (as set forth below), you and Dealerverse agree that any action relating to this Agreement or your use of our Site must be commenced in either the Greenville South Carolina or the United States Federal Court for the Fourth Circuit District of South Carolina – Greenville, SC; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, DEALERVERSE AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY. You agree that the Site shall be deemed to be solely based in the State of South Carolina and the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Dealerverse, either specific or general, in jurisdictions other than the State of South Carolina.
    Arbitration of Privacy Claims; Class Action Waiver
    
    The exclusive means of resolving any Covered Privacy Claim (defined below) shall be BINDING ARBITRATION. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, as modified by our Arbitration Procedures. If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in Greenville, South Carolina, United States of America. EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY COVERED PRIVACY CLAIM.
13. CHANGES TO THE SERVICE. Dealerverse is constantly changing and improving the Site. We may also need to alter or discontinue the Site, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Site that will have an adverse impact on the use of our Site. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Site, prevent abuse, or comply with legal requirements.
14. COPYRIGHT PROTECTION. If you believe your copyright has been infringed on the Site, please send us a notice. We respond to notices of alleged copyright infringement according to the process in our Copyright PolicyCenter, where you can also find information about how to resolve a copyright dispute. Dealerverse’s policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Site.
15. LIMITATION ON LEGAL ACTION. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. NO ENDORSEMENT; AVAILABILITY; MONITORING. Dealerverse does not guarantee that any Content will be made available on the Site, whether continuously or at all. Dealerverse does not assume any responsibility or liability for any Content and you agree to waive any legal or equitable rights or remedies You may have against Dealerverse regarding such Content. You acknowledge that you have no expectation of privacy or confidentiality with respect to Content. Dealerverse shall have no obligation to monitor any user or Content. However, Dealerverse and its agents shall have and do reserve the right to monitor any user and Content from time to time for any lawful purpose. Dealerverse may, without notice to you, remove or block any user and Content from the Site, including disabling access to such user and Content that you have downloaded through the Site. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable.
17. MODIFYING THIS AGREEMENT. We may modify this Agreement, for example, to reflect changes to our Site or for legal, regulatory, or security reasons. Dealerverse will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Site or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Site.
18. PRIVACY POLICY. Please read the Privacy Policy carefully for disclosures relating to the collection and use of your personal information. The Privacy Policy, is incorporated by reference and made part of this Agreement. Your use of the Site is subject to your acceptance of our Privacy Policy.
19. GENERAL PROVISIONS
    
    Assignment
    
    You may not assign any of Your rights or obligations under this Agreement without Dealerverse’s express prior written consent. Dealerverse may assign its rights or assign or delegate any of its obligations under this Agreement without restriction.
    
    Enforceability and Waiver
    
    If any provision of this Agreement is found illegal or unenforceable, this Agreement will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected. No delay or failure by Dealerverse to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.
    
    Entire Agreement
    
    This Agreement constitutes the entire understanding of the parties hereto with respect to the matters and transactions contemplated hereby and supersedes all previous agreements between you and Dealerverse concerning the subject matter hereof. Neither party hereto has relied on any statement, representation or promise of the other party or representative thereof in agreeing to this Agreement.
    
    Export and International Use
    
    The Site is controlled and offered by Dealerverse from its facilities in the United States of America. Dealerverse makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
    
    Force Majeure
    
    In the event that Dealerverse is prevented from performing or is unable to perform any of its obligations under this Agreement due to any cause beyond its reasonable control, then Dealerverse’s performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
    
    Links to Third Party Websites or Site
    
    As a convenience for its users, Dealerverse may provide links on this website to other websites owned by third parties or make viewing of videos available on third party websites or services. Unless otherwise stated, Dealerverse does not endorse or control these third parties and takes no responsibility for them or their websites. Please refer to these third-party websites for their terms and conditions and other policies.
    
    Notices
    
    All notices required to be given in writing and delivered either by hand or by recognized overnight delivery service shall be pre-paid and addressed as set forth below.
    
    

    If to Dealerverse:
    ATTN: Marketing
    120 Broadus Ave.
    Greenville, SC 29601
    
    If to you: via email or transmittal to the address identified by you through your registration for the Site shall constitute notice to you.
    
    

    Severability
    
    Each provision of this Agreement shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.
    
    Survival
    
    All terms of this Agreement which by their nature extend beyond their termination shall remain in effect for as long as necessary to permit their full discharge and apply to each party’s respective successors and permitted assigns.
    
    Addenda
    
    This Agreement incorporates the following documents by reference:
    
    Privacy Policy
    Copyright Policy
    AI Disclosure