Terms and Conditions
Agreement between user and www.TheDealerWarehouse.com
Welcome to www.TheDealerWarehouse.com. The www.TheDealerWarehouse.com website (the "Site") is comprised of various web pages operated by The Dealer Warehouse ("The Dealer Warehouse"). www.TheDealerWarehouse.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.TheDealerWarehouse.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting www.TheDealerWarehouse.com or sending emails to The Dealer Warehouse 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.
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 The Dealer Warehouse is not responsible for third party access to your account that results from theft or misappropriation of your account. The Dealer Warehouse and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. The Dealer Warehouse 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 www.TheDealerWarehouse.com only with permission of a parent or guardian.
A 10% restocking fee will be charged on all Cancelled or International Orders that have been processed. These fees apply unless the item is defective or damaged, you received the wrong item, or the fee is prohibited by law. Occasionally we will inadvertently over-sell an item. In that event, we will contact you and offer a full refund or an option to backorder the item.
Links to third party sites/Third party services
www.TheDealerWarehouse.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Dealer Warehouse and The Dealer Warehouse 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. The Dealer Warehouse is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Dealer Warehouse of the site or any association with its operators. Certain services made available via www.TheDealerWarehouse.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.TheDealerWarehouse.com domain, you hereby acknowledge and consent that The Dealer Warehouse may share such information and data with any third party with whom The Dealer Warehouse has a contractual relationship to provide the requested product, service or functionality on behalf of www.TheDealerWarehouse.com users and customers.
No unlawful or prohibited use/Intellectual Property
The Service is controlled, operated and administered by The Dealer Warehouse 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 laws. You agree that you will not use the The Dealer Warehouse Content accessed through www.TheDealerWarehouse.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless The Dealer Warehouse, 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 or services, 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. The Dealer Warehouse 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 The Dealer Warehouse in asserting any available defenses.
The Dealer Warehouse 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 California and you hereby consent to the exclusive jurisdiction and venue of courts in California 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 The Dealer Warehouse as a result of this agreement or use of the Site. The Dealer Warehouse's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Dealer Warehouse'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 The Dealer Warehouse 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 The Dealer Warehouse with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Dealer Warehouse with respect to the Site. 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
The Dealer Warehouse reserves the right, in its sole discretion, to change the Terms under which www.TheDealerWarehouse.com is offered. The most current version of the Terms will supersede all previous versions. The Dealer Warehouse encourages you to periodically review the Terms to stay informed of our updates.
The Dealer Warehouse welcomes your questions or comments regarding the Terms:
The Dealer Warehouse
4813 Enterprise Way Ste K
Modesto, California 95356
Email Address: firstname.lastname@example.org
Telephone number: 209 545 2800
Effective as of January 30, 2012