DriveCentric Chat Feature Terms of Use
Last Updated: August 15, 2024
DriveCentric, LLC (“DriveCentric”), a Missouri limited liability company, operates a customer relationship management platform for automotive dealerships (the “Platform”) which connects an automotive dealership (the “Dealership”) with members of the public, including by facilitating communication through the use of a live chat feature (the “Chat Feature”) on the Dealership’s website.
The use of the Chat Feature is intended for persons who are at least 18 years of age. If you are under 18 years of age (or the age of legal majority where you live), you may not use the Chat Feature only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Chat Feature.
By using the Chat Feature, you (“You” inclusive of any organization or party you act for) are agreeing to these Terms of Use (the “Terms”) in full. These Terms form a legally binding agreement concerning your use of the Chat Feature and communications with the Dealership and DriveCentric. Do not use the Chat Feature if you do not accept all of these Terms.
In operating the Platform for the Dealership, DriveCentric is a service provider for the Dealership and all communications you have through the Platform, including the Chat Feature, are processed by DriveCentric for the Dealership. Your communications with DriveCentric are on behalf the Dealership. Chats or other communications through the Platform, including the Chat Feature, may be monitored, stored, and/or shared as described in these Terms or our Privacy Policy.
DriveCentric reserves the right to update these Terms at any time. When You use the Chat Feature, You are agreeing to the Terms as they are published at the time of that particular use.
Please be advised that:
The Chat Feature may utilize a chat bot, virtual assistant, artificial intelligence, or similar computer applications or other technologies that simulate and process human conversation.
DriveCentric is not responsible for the content You may access through the Chat Feature;
DriveCentric does not guarantee the accuracy of any information provided through the Chat Feature; and
These Terms are in addition to, and apply in conjunction with, our Privacy Policy at https://drivecentric.com/privacy-policy. By using the Chat Feature, You consent to our collection and use of personal data as outlined in our Privacy Policy.
1. DriveCentric’s Role
DriveCentric does not manufacture, distribute, sell, repair, lease, or otherwise deal in vehicles. DriveCentric operates the Platform to connect the Dealership with those looking to buy or service vehicles, including You. If You make use of the Chat Feature, You are dealing directly with the Dealership. You acknowledge that DriveCentric will not be a party to any agreement between You and the Dealership.
DriveCentric is not responsible for any information provided to You through the Platform by the Dealership or any third parties. DriveCentric cannot guarantee the accuracy or currency of any information communicated on or through the Chat Feature, including without limitation information about vehicle prices, model features, or payment plans. This information is provided or linked to for Your convenience only, and You use it at your own risk.
2. Your Use of the Chat Feature
You may only use the Chat Feature to communicate with the Dealership. Your use of the Chat Feature is at all times subject to these Terms. DriveCentric reserves the right to terminate or modify Your ability to use the Chat Feature, without notice. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Upload”) or otherwise use via the Chat Feature.
You agree to not use the Chat Feature to:
interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
violate any applicable local, state, national or international law, or any regulations having the force of law;
violate any patent, trademark, trade secret, copyright, right to privacy, publicity or other proprietary right of any party;
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of publicity or privacy) of others;
send or otherwise make available any inappropriate Content, including profane, defamatory, obscene, abusive, racist, indecent, or unlawful Content;
impersonate any person or entity or make any false statements regarding any agency or affiliation with any entity or create a false identity; or
do any other thing that may create liability for, or damage the interests of, DriveCentric, the Dealership, or any of their respective third-party partners.
You may only use the Chat Feature for Your own personal, potential consumer (i.e. non-commercial), purposes. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform.
You agree to release, indemnify and hold DriveCentric and its affiliates and subsidiaries and its and their respective officers, members, mangers, employees, directors and agents harmless from any and all liabilities, losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Chat Feature, Your Content, Your violation of these Terms, or Your violation of any rights of any other individual or entity.
3. Intellectual Property Rights
The Platform, including the Chat Feature, contains or reflects content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by DriveCentric, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part.
You agree that You will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods in connection with the Platform. Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited.
In using the Chat Feature, You may Upload Content (“Your Content”). You agree that You are solely responsible for Your Content. By Uploading Your Content You grant DriveCentric a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use Your Content in connection with the operation of the Platform or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge that DriveCentric may collect and store Your personal data and behavior within the Chat Feature, and You hereby consent to such collection and storage.
You acknowledge and agree that DriveCentric may preserve and disclose Content as required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of DriveCentric, its users and the public.
4. No Warranties
YOUR USE OF THE CHAT FEATURE IS AT YOUR SOLE RISK. THE CHAT FEATURE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE GREATEST EXTENT PERMISSIBLE BY LAW, DRIVECENTRIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DRIVECENTRIC MAKES NO WARRANTY THAT (I) THE CHAT FETAURE WILL MEET YOUR REQUIREMENTS, (II) ACCESS TO THE CHAT FETAURE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CHAT FETAURE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE CHAT FETAURE WILL MEET YOUR EXPECTATIONS.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT ALL INFORMATION RELATED TO VEHICLES THROUGH THE CHAT FETAURE IS SUPPLIED BY THE DEALERSHIP OR OTHER THIRD-PARTY PARTNERS. DRIVECENTRIC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF ANY VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE. DRIVECENTRIC CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.
5. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DRIVECENTRIC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DRIVECENTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM YOUR USE OF THE CHAT FETAURE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CHAT FETAURE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE CHAT FETAURE.
6. General Terms
These Terms constitute the entire agreement between You and DriveCentric and govern Your use of the Chat Feature, superseding any prior agreements between You and DriveCentric with respect to the Chat Feature (including any prior version of these Terms).
These Terms are governed by the law of the State of Missouri, without regard to that State’s conflict of law rules or principles. You and DriveCentric agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within St. Louis, Missouri.
The failure of DriveCentric to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Notwithstanding any other provision in these Terms, You agree that DriveCentric may seek injunctive relief to enforce these Terms or restrain their breach in any court of competent jurisdiction.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Contact Information
DriveCentric may be contacted as follows:
DriveCentric, Inc.
Attn: Privacy
12900 Maurer Industrial Dr. St. Louis, MO 63127
or via e-mail to info@drivecentric.com.