PLEASE READ THE FOLLOWING:

By using our services you accept these terms of service on behalf of your dealership. This is a legally binding agreement between your dealership (“Dealer” or “you”) and RGVDEALER (“We”); please read it carefully.

REGISTRATION
The registration fee (if any) entitle you exclusively to the initial setup of our services which covers a period of up to 30 days of operation, including hosting, one hour total of training, a training manual in PDF format and 5 photos of your employees.

You will be responsible for preserving the confidentiality of your password and for all actions or persons accessing our site through any username and password assigned to you. You will notify us immediately of any known suspected unauthorized use of your account.

LISTING APPROVAL AND REVIEW
All listings submitted to our site including text and images are may be subject to review to eliminate the possibility of errors, abuse or inappropriate content being published in our site. You agree to take full responsibility for the content posted under your account.

CHANGES
We may change the terms of service from time to time. By continuing to use this website following our postings of such changes, you agree to be bound by our terms. We may change, restrict access to, suspend, or discontinue this website or any portion of our services at any time.

FEES
By placing an ad through our service, you agree to pay the fees specified for the package you select, regardless of whether your vehicle sells as a result of our services. All fees are not refundable.

RENEWAL
You may renew your service at any time by choosing one of our service plans at the price listed on our site at http://www.rgvdealer.com/sp please note that fees may be subject to change without notice. You may only renew your service by choosing the offered plans. There are no prorated fees for any reason.

CANCELLATION
Accounts may be cancelled by you at any time. To cancel please call our office during business hours. Upon your election to cancel, your account will be cancelled within 24 hours, but if you have paid for a period in advance you will be allowed to use the remaining time according to these Terms of Service unless your account or this agreement is suspended or terminated based on our belief that you have violated this agreement. There will be no refunds for any unused time or any prepaid fees for any portion of the Service. We have the right at any time for any reason or no reason to suspend or terminate your account, terminate this agreement, and/or refuse any and all current or future use of the service without notice or liability to you.

ACCESS AND ADVERTISING
You agree and understand that we have the right to access your account and look for double postings, errors and other abnormalities. We also have the right to edit details and listings posted under your account.

SALES
Price and terms of any sale generated from our services is a direct negotiation between the buyer and the seller, we are not responsible for any problems that may arise from such sales.

Though we hope that all who come to our site will act honorably and treat each other fairly, we can't verify the information they supply or guarantee the vehicles they offer. When using this service to find a buyer or a vehicle, we urge you to use the same common sense and good judgment you would in selling an item through, or responding to, a classified ad in the newspaper. All sales are a direct negotiation between the buyer and the seller; we are not involved in any part of the sales process except advertising.

ERRORS
The listings that appear on this site are for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time.

TRANSACTIONS
The website acts as a venue for individual sellers to list vehicles and buyers to contact sellers directly. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety, or legality of the items advertised and the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

We reserve the right to refuse any listings for any reason, we reserve the right to remove your listings at any time for any reason including but not limited to server error, human error, content, account expiration, closing operations, etc. We reserve the right to limit or change the number of listings per user on this site. We reserve the right to ban your IP address and suspend or close your account if we notice unusual activity or system abuse. If your account is closed, all files (including web pages, listings, images, etc.) will be deleted from our servers and are not recoverable. We reserve the right to amend and update these terms and conditions at any time without prior notice. You agree to keep yourself informed of any changes done to our policy and terms, you may request a copy of these terms in writing. We will notify you by phone of any abnormality or error found on your listings, if you fail to comply with the changes requested your account will be suspended for a week and your listings will not be available. Further failure to comply will result in the cancellation of your account. To keep your service operational you must follow all rules and agree to our terms. We may handle data in any way we see fit, and place ads in our main site. We are under no obligation to promote your business with a higher priority or visibility than others.

You may not use the name “RGVDEALER”, our logo or content without our prior written consent. All contents of our site are: Copyright ©2005-2008 RGVDEALER.COM. All rights reserved.

The services we provide are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our service is not available to minors. If you do not qualify, please do not use our service. If you rely on this service or any material available through this site, you do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published over this site. This service is provided to you "as is."

Under no circumstances shall RGVDEALER or its affiliates, agents or licensors be liable to you or anyone else for any damages, including, without limitation, any liability for consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data) even if we are advised beforehand of the possibility of such damages. You agree that the liability of RGVDEALER and its affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way arising out of or otherwise related to the service shall not exceed the amount you paid, if any, to RGVDEALER for use of the service. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release us and our subsidiaries, affiliates, officers, directors, agents, and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or in any way connected with such disputes. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this service user agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. You and RGVDEALER are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement. Any controversy or claim arising out of or relating to this agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Hidalgo County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or RGVDEALER may seek any interim or preliminary relief from a court of competent jurisdiction in Hidalgo County, Texas, necessary to protect the rights or property of you or RGVDEALER pending the completion of arbitration.
This agreement has been made in, and shall be construed in accordance with the laws of the State of Texas. By using this service, you consent to the exclusive jurisdiction and venue of the state and federal courts in Hidalgo County, Texas in all disputes arising out of or relating to this user agreement or use of this web site. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Last updated: November 10, 2008