End User License Agreement
This End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and DriveCentric, LLC, a Missouri limited liability company (“Company”). This Agreement governs your use of the DriveCentric application and software as a service (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
If you are using the Application on an Apple branded product that you own or control (an “Apple Device”; all Apple Devices are Devices under this Agreement), then (i) your use of the Application is also subject to the Apple Terms and Conditions (collectively, “Apple Terms and Conditions”), available on the Apple website (https://www.apple.com/); and (ii) in the event of a conflict between the terms of this Agreement and any Apple Terms and Conditions, the Apple Terms and Conditions shall govern.
License Grant. Subject to the terms of this Agreement, including but not limited to those additional terms set forth on Addendum A and Addendum B, which are attached hereto and incorporated herein (in each case as applicable to the End User), and any software as a service agreement or other terms and conditions (in either case, the “Dealer Agreement”) agreed upon between the Company and the vehicle dealership which has purchased your rights to this Agreement (“Dealer”), Company grants you a limited, non-exclusive, and nontransferable license to:
(a) use the Application on a mobile device or computer owned or otherwise controlled by you or Dealer (“Device”) strictly in accordance with the Application’s documentation; provided, however, that if you use the Application on an Apple Device, you shall use the Application only as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (the “Usage Rules”), and notwithstanding anything to the contrary in the Apple Terms and Conditions, the Application may not be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing and
(b) access, stream, and use on such Device the Content and Services (as defined in Section 6) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 6.License Restrictions. Licensee shall not:
(a) copy the Application, except as expressly permitted by this license (and the Usage Rules, if applicable);
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;(g) use the Application on any Device that you do not own or control, and notwithstanding anything to the contrary in the Apple Terms and Conditions, the Application may not be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;
(h) distribute or make the Application available over a network where it could be used by multiple devices at the same time;
(i) use any unauthorized third-party programs or software that interact with the Application in any way, except to the extent expressly authorized by Company; or
(j) use the Application to for any unlawful uses or purposes, including, without limitation, to transmit, originate, make or otherwise conduct, any illegal robocall or robocall traffic.
Access by Third Party Service Providers. If you are a third party service provider for any Dealer, by using the Application, you agree (i) to be bound by the Dealer Agreement, including, without limitation, all confidentiality, security and privacy provisions hereof, and to access and use the Application solely in your capacity as a third party service provider of Dealer and only for the purposes of performing services for Dealer with the results or deliverables of such services being used solely in Dealer’s internal business operations and in accordance with the terms and conditions of the Dealer Agreement and this Agreement; and (ii) you are directly responsible and liable to DriveCentric for your use of the Application and for any acts or omissions with respect thereto.
Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement and the Dealer Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Collection and Use of Your Information.
(a) You acknowledge that when you use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. The information may be transferred to and stored in countries other than the country in which the information is collected. If you use the Application on an Apple Device, this information may be stored or cached on your Apple Device or via other services provided by Apple, and you agree that you supply any such personal information at your own initiative, and at your own risk. All information we collect through or in connection with this Application is subject to our Privacy Policy available at https://www.drivecentric.com/privacy-policy/. By using and providing information to or through the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
(b) You represent and warrant that for purposes of the data that may be accessed by Company pursuant to this Agreement You have provided any required privacy notices to Your customers as required by applicable law, including the Gramm-Leach-Bliley Act and its implementing regulations (“GLBA”), and to the extent applicable, the privacy laws of any state, Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), and any other relevant privacy laws Canada or of any province of Canada or other relevant jurisdiction.
Content and Services. The Application may provide you with access to Company’s website located at www.drivecentric.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Website’s Terms of Use and Privacy Policy located at https://www.drivecentric.com/terms/ and https://www.drivecentric.com/privacy-policy/, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
Text Messaging.
(a) According to the Federal Communications Commission, text messages are covered by the Telephone Consumer Protection Act of 1991 (47 U.S.C. 227 et seq.) (the “TCPA”) and state telemarketing laws may also cover text messages. By using Company’s text messaging services, you are confirming that you have prior express written consent of each recipient (as defined by the TCPA or other applicable law) to send the text messages. You further reaffirm each of your representations and warranties set forth in this Agreement and the Dealer Agreement, including the warranty to comply with the TCPA and other applicable law. As set forth in this Agreement, if any breach or alleged breach of those warranties gives rise to a third-party action, you will indemnify Company.
(b) You agree and authorize Company or third parties acting on Company’s behalf to call or text you at any telephone number that you provide to Company for informational purposes relating to your account and/or the Application, including, but not limited to, communications regarding emergencies, login information, password reset, and multi-factor authentication. You further understand and agree that by using the Application, you are electronically signing the above authorization, which will have the same force and effect as a manual signature, and consent to provide such authorization by electronic means. By using the Application, you expressly consent to receive such calls and texts and agree that these calls and texts are not unsolicited. Your access to and use of the Application may require this consent to receive such calls and texts, and your failure to consent may restrict you from accessing or using the Application’s or the Application’s features and functionality, in whole or in part. You understand and acknowledge that these calls and texts may entail the use of an automatic telephone dialing system and/or artificial or prerecorded messages. Message frequency depends on your activity with the Application. Message and/or data rates may apply.
Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Third-Party Materials. The Application or any components thereof may display, include, or make available third-party content (including data, information, applications, program code and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. All Third-Party Materials are provided hereunder without any warranty of any kind, including (without limitation) any warranty of merchantability or fitness for a particular purpose. All Third-Party Material licensors are intended as third party beneficiaries of this Agreement, and your obligations hereunder cannot be modified or terminated without the written consent of such licensors (except as otherwise provided in Section 10 below).
Term and Termination.
(a) The term of this Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 10.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Devices and by ceasing to use the Website, Content and Services.
(c) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion or upon the termination of the Dealer Agreement. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. (d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application, Website, Content and Services and delete all copies of the Application from your Devices and account.
(e) Termination will not limit any of Company’s rights or remedies at law or in equity.
Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
WITH RESPECT TO THE CHITCHAT FEATURE OF THE APPLICATION: THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU OR DEALER FOR YOUR USE OF THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application, Website, Content or Services, including any such misuse in violation of the TCPA, the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) (the “FDCPA”), or any other state or federal law, including any state or federal law that is similar to the TCPA or the FDCPA), or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use this Application for any purposes prohibited by United States law.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Missouri. Any legal suit, action or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri in each case located in St. Louis County, Missouri, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application, provided, however, that this Agreement shall be subject to the Dealer Agreement.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Complete Agreement. This Agreement, as it may be subject to any software as a service agreement or other terms and conditions, represents the complete agreement between you and Company with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Company; provided, however, that if you are using the Application on an Apple Device, this Agreement shall coexist with, and shall not supersede, the Apple Terms and Conditions. This Agreement may be amended by Company from time to time in the sole discretion of Company. Your continued use of the Application after any such amendment shall be deemed acceptance of any changed terms therein.
Contact. If you have any questions, complaints or claims concerning the Application or this Agreement, please direct them to:
DriveCentric, LLC
Attn: David Fultz
Email: david@drivecentric.com
ADDENDUM A
ADDITIONAL TERMS AND CONDITIONS RELATING TO REYNOLDS INTERFACE
These additional terms and conditions shall apply to an End User’s use of the Reynolds Interface in connection with such End User’s use of the Application.
DEFINITIONS
(a) “Reynolds Interface” shall mean processes developed by The Reynolds and Reynolds Company and its affiliates (“Reynolds”) (which include, but are not limited to, software, hardware, specifications, Reynolds System Output, documentation [i.e., formats, elements, etc.], security codes, access methods and other intellectual property), that allow for the transfer of data to or from one or more Reynolds Systems.(b) “Reynolds System” shall mean any Reynolds software, hardware, process, product, service, application or dealer management system (DMS) provided by, sold and/ or marketed by Reynolds or its affiliates.
(c) “Reynolds System Output” shall mean the data transferred from the Reynolds System to the Application for purposes other than logging or requesting data.
LICENSE RESTRICTIONS
(a) End User is hereby granted a limited license authorizing the operation of the Reynolds Interface only with the Application and only one such license per End User is granted for each licensee fee that is paid hereunder.(b) End User is prohibited from copying, disassembling, decompiling and/or reverse engineering the Reynolds Interface.
(c) End User is prohibited from (i) transferring or allowing access to the Reynolds Interface by third parties; (ii) lending, leasing, sublicensing or pledging of the Reynolds Interface; and (iii) service bureau or outsourcing uses of the Reynolds Interface.
(d) End User shall not disclose any passwords or other security information that are related to the Reynolds Interface or other software licensed by this Agreement.
(e) End User shall not use the Reynolds Interface other than as contemplated in the attached Attachment 1, which is attached hereto and incorporated herein.
RESERVATION OF RIGHTS
You acknowledge and agree that the Reynolds Interface is provided under license, and not sold, to you. You do not acquire any ownership interest in the Reynolds Interface under this Agreement, or any other rights thereto other than to use the Reynolds Interface in conjunction with the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement and the Dealer Agreement. Reynolds and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Reynolds Interface, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.DISCLAIMERS
(a) In no event will Reynolds be liable for indirect, incidental, consequential or exemplary damages arising from use, or inability to use Reynolds Interface, even if it knew of the possibility of such damages.
(b) As part of its Reynolds Certified Interface program, Reynolds has developed certain processes that allow certain third party software clients including the Company to receive from Reynolds certain data from your DMS and/or allow the Company to send data to your DMS (“RCI Integration”). By agreeing to this Agreement, you are providing your consent to: (i) Reynolds’ providing Company with access to data from your DMS; and (ii) to Company providing Reynolds with access to Company’s data, both of which may include, without limitation, non-public information regarding your customers. By agreeing to these terms you represent and agree that: (1) Reynolds makes no representations, assurances, warranties or guarantees with respect to the Application or the Company’s obtaining access to data from your DMS through RCI Integration or otherwise; (2) Reynolds shall have no liability whatsoever for any damages you may suffer as a result of using the Application or because of Company’s access to data from your DMS; (3) Reynolds has no responsibility for the activities of Company with respect to its access to data from your DMS, including without limitation, with any of your confidential information obtained or used by Company; (4) Reynolds may terminate the integration described in this Agreement at any time if Reynolds determines that such integration may conflict with or adversely affect the operation or security of your DMS (including without limitation the integrity or security of the data) or such access may violate any applicable laws or regulations; (5) problems caused by the data access described in this agreement will not be covered by any software support and equipment maintenance services or fees previously agreed between you and Reynolds; and (6) Reynolds has the right to enforce its rights under this Agreement. NOTICE TO NORTH CAROLINA DEALERS: THIS END USER AGREEMENT RELATES TO THE TRANSFER AND ACCESSING OF CONFIDENTIAL INFORMATION AND CUSTOMER-RELATED DATA.
DATA SECURITY
(a) Company may access the following types of nonpublic personal information of customers of End Users through the Application: (i) contact information such as names, addresses, telephone numbers and email addresses; and (ii) credit application information such as social security numbers, dates of birth, employment and salary information, insurance information and references (collectively, “Nonpublic Personal Information”). Nonpublic Personal Information may be accessed by End Users in order to provide services to their customers, by Reynolds in order to provide the Reynolds Interface and by DealerTrack and Route 1 for credit reporting purposes.
(b) Company shall implement and maintain industry-standard safeguards to protect all Nonpublic Personal Information from unauthorized use or disclosure and will retain such safeguards for so long as Company has access to such Nonpublic Personal Information.
(c) In the event the Company confirms or reasonably suspects a breach of its data security systems resulting in the unauthorized use or disclosure of Nonpublic Personal Information, the Company shall promptly notify such effected individual of such security breach.
(d) Company shall not access, store, share, disclose or use any Nonpublic Personal Information for any purpose other than the purposes stated in this Agreement or otherwise authorized by the End User or as required by law.
(e) You hereby grant to Company, Reynolds and your DMS permission to access the Nonpublic Personal Information that is entered into the Application to the extent necessary to provide the services contemplated under this Agreement, including but not limited to, use of the Reynolds Interface and the Application. Further, You hereby grant to Company and Reynolds the right to exchange Nonpublic Personal Information with each other for purposes of providing You with access to and use of the Reynolds Interface and the Application.
(f) Within thirty (30) days after termination of this Agreement for any reason, Company will return or destroy such Nonpublic Personal Information.
Attachment 1 to Addendum A
Insert Customer – After desking a customer, a desk manager will have the option of pushing the deal to the DMS. If the customer doesn’t already have a Reynolds customer ID tied, Reynolds will initiate a SEARCH CUSTOMER using the CRM customer information. After the results are returned, the user can tie one of the resulting customer IDs to the CRM customer. If none of the results are satisfying, the user can hit the “ADD NEW” button to INSERT CUSTOMER into Reynolds and the resulting customer ID will be tied to the CRM customer.
Search Customer – After desking a customer, a desk manager will have the option of pushing the deal to the DMS. If the customer doesn’t already have a Reynolds customer ID tied, Reynolds will initiate a SEARCH CUSTOMER using the CRM customer information. After the results are returned, the user can tied one of the resulting customer IDs to the CRM customer. If none of the results are satisfying, the user can hit the “ADD NEW” button to INSERT CUSTOMER into Reynolds and the resulting customer ID will be tied to the CRM customer.
Batch Vehicle Inventory – Stocked inventory is refreshed daily in the CRM from multiple sources including the DMS. A store can assign the preload values in desking for MSRP, Price, and Cost to be any of the values coming from the DMS vehicle.
Publish F&I Closed Deal (with Preload) – After receiving an F&I closed deal from Reynolds, the system will first search for any deal with the associated Reynolds deal number in the CRM. If no CRM deal is tied, the system will attempt to automatically match an open deal based on customer information attached to the deal. A CRM deal/customer must be 90% similar to the DMS deal/customer to be considered an automatic match using Reynolds’ internal algorithm of names, contact information, and deal variables. If no match is found, the DMS deal will go to an UNLINKED bucket and will require manual action from a user to find a corresponding CRM deal or to insert it as a new deal. If a deal number already exists in the CRM, the deal will be updated with the new information from the DMS.
Insert F&I Deal – Start – After desking a customer, a desk manager will have the option of pushing the deal to the DMS. After the use flow of getting a valid Reynolds customer ID, the INSERT F&I DEAL method will be called and will contain all of the information from the desked deal including Retail/Lease/Cash variations. The resulting Reynolds deal number will be associated with the CRM deal.
Publish Repair Order (with Preload) – Customer records are automatically inserted or updated in the CRM as new information gets published from the DMS. Insert/update logic is based on the aforementioned mechanism of finding or creating a customer in the CRM that is tied to the Reynolds customer ID. Triggers can be used for follow up on new repair orders (e.g. create tasks, send automatic emails).
Batch Service Appointment – Customer records are automatically inserted or updated in the CRM as new information gets published from the DMS. Insert/update logic is based on the aforementioned mechanism of finding or creating a customer in the CRM that is tied to the Reynolds customer ID. Triggers can be used for follow up on service appointment (e.g. create tasks, send automatic emails). Service appointments are viewable and filterable via the appointments screen in the CRM. Salespeople assigned to the customers can be notified of a pending service appointment.
The purpose of the integration is to simplify dealers’ ability to manage their customer database, automate a majority of follow-up contacts, organize Internet leaders, and for desking deals.
ADDENDUM B
ADDITIONAL TERMS AND CONDITIONS RELATING TO APPLES DEVICE USERS
These additional terms and conditions shall apply to an End User’s use of an Apple Device in connection with such End User’s use of the Application.
Acknowledgments.
(a) To the extent of any conflict between this Agreement and the Apple Terms of Service or Usage Rules, the Apple Terms of Service and Usage Rules shall govern. Company, not Apple, is solely responsible for maintaining and supporting the Application if and as required under applicable law and Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
(b) Company, not Apple, is solely responsible for any applicable warranties, express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
(c) Company, not Apple, is responsible for addressing any claims relating to the Application or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(d) In the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(e) You must comply with applicable third party terms of agreement when using the licensed Application.
(f) Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.