Terms of Service

Introduction. This website (the "Site") is operated by our dealership Martin Swanty Chrysler Dodge Jeep Ram ("Dealership") and powered by Dealer.com ("DDC"). By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Use (the "Terms"). These Terms further include the Privacy Policy available via link in the footer of our Site which is incorporated by reference. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT USE THE SITE. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND YOU AGREE TO BE BOUND BY THEM.

Site Content. By agreeing to these Terms, our dealership grants you a limited license to access and use the Site for your personal use. Copyright and other intellectual property laws protect all of the information and content available on this Site (collectively, "Content"). The Content is owned by our dealership and/or its licensors and suppliers (which may include consumers (including you as the case may be), companies, advertisers, agencies, service providers, content providers, vendors and others) (collectively, "Licensors and Suppliers"). You may interact with or download a single copy of any portion of the Content for your personal, non-commercial use, but you may not reproduce, sell, publish, distribute, modify, display, perform, re-post, transmit, or otherwise use any portion of the Content in any other way or for any other purpose without our prior written consent. 

Trademarks. You acknowledge that the Content includes certain trademarks and service marks owned by us, as well as Licensors and Suppliers, and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any permitted copies of the Content. Our name and the logo are trademarks and proprietary to us. 

Software. Please note that all software programming, including without limitation, all HTML and other code contained in this Site (collectively, "Software"), is owned by us, DDC, and/or our respective Licensors and Suppliers and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any reproduction, redistribution, publication, display, or other unauthorized use of the Software without our express written consent is prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. 

License. Although we do not claim ownership of any of the lead data, communications, reviews, ratings, photos, information, data, text or other materials you give us (collectively, the "Materials"), and unless otherwise agreed in a writing signed by us, by submitting any Materials to us or via the Site, you hereby grant to us and DDC an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Materials and to prepare derivative works of the same or incorporate into other works, and to exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future, and the right to sublicense the foregoing rights through multiple tiers. 

Dealer and Manufacturer Incentives and Offers. Vehicles advertised on this Site may include information about third-party special offers, incentives, or pricing programs associated with a specific brand, model, or vehicle ("Offers"). We are not responsible for the content of any such Offers, nor responsible for any errors or omissions in Offer contents or descriptions. Users of the Site should contact the manufacturer for full details on any such Offers, including eligibility requirements, limitations and restrictions, and availability. Used vehicle pricing is subject to all rebates and incentives available to customers. The vehicle listing price will disclose all pricing and financing terms, excluding only required government charges. If there are optional add-on charges available to the listed vehicle listing, we will provide you with additional information and pricing as it relates to such add-ons. Additional options for vehicle listings are not required for purchase. While great effort is made to ensure the accuracy of the information on this Site, errors do occur so please verify information with a customer service rep. You may not qualify for all Offers, incentives, discounts, or financing. Offers, incentives, discounts, or financing are subject to expiration and other restrictions. Please contact us for qualifications and complete details.

Special Prohibitions Applicable to Leads and Submitted Content. Additionally, by submitting a lead or request for information, and in addition to the other agreements, representations and warranties made herein, you further represent, warrant and agree you will not:

1. Submit any Materials which are patently offensive, vulgar, defamatory, which display pornographic or sexually explicit material of any kind, or which may include content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.

2. Impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity (including misrepresenting a relationship with us), or otherwise attempt to mislead others as to identity.

3. Submit Materials that contain restricted or password only access pages, or hidden pages or images.

4. Submit Materials which provide instructional information about illegal activities, which violate someone's privacy, or which create or facilitate the creation of computer viruses or other malware.

Copyrights and Copyright Agents. It is the policy of Dealer.com to respond to claims of intellectual property infringement. Pursuant to 17 USC § 512, notifications of claimed copyright infringement should be sent to the following agent:

Attn: Corporate Counsel

Dealer.com

1 Howard Street

Burlington, Vermont 05401

Fax: 802.658.0926

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Interactive Areas. The Site may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, "Forums") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Our Dealership does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on the Forums or in consumer reviews. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. You may not use the Forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold our Dealership responsible for any third party's use of information contained in such posting. 

Registration. If you create an account with our Dealership, then as a condition of any account registration with us, you agree to provide us with true, accurate, current and complete information as may be prompted by our registration forms; and you further agree to update and maintain the truthfulness, accuracy and completeness of such information. We may assign you a user ID and a password in connection with registration. Your user ID and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password. By completing formal registration and creating an account with us, you may be asked to consent to receive autodialed and/or pre-recorded telemarketing calls (including, without limitation, SMS (text) messages) from or on behalf of us or our partners at the telephone number(s) (including your wireless number, if applicable); you understand that such consent is option and not a condition of purchase.

SMS Communications Consent. By providing your phone number through our website forms, account registration, service

requests, vehicle inquiries, or other communication channels, you may choose to consent to receive autodialed and/or prerecorded calls and SMS text messages from Martin Swanty Chrysler Dodge Jeep Ram or on our behalf regarding appointment reminders, service updates, vehicle availability, account notifications, and promotional offers. Consent to receive SMS messages is optional and is not a condition of purchase.

Message frequency may vary depending on your interaction with our dealership. Message and data rates may apply. You may reply STOP at any time to opt out of receiving SMS messages or reply HELP for assistance. Your consent preferences may be updated at any time by contacting us directly. For more information about how your information is collected, used, and protected, please review our Privacy Policy.

Rights. Given the nature of the Site and the volume of leads, reviews and other Content submitted, we cannot and do not monitor all Content or Materials posted or transmitted by you and/or other third-party providers via the Site. You expressly acknowledge and agree that we: (a) will not be liable for Materials and (b) reserves the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability, without notice to you and without providing a refund.

Prohibited Activities. The following is a partial list of the kinds of activities that are prohibited on or through the Site:

  1. Engaging in activities or submitting Materials that could be harmful to minors.
  2. Engaging in activity or submitting Materials that harasses or advocates harassment of another person.
  3. Engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, without their consent.
  4. Engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users.
  5. Engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes.
  6. Using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Site, or for any other unauthorized purpose. 
  7. Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.
  8.  Decompiling, reverse engineering, or disassembling the Software or attempting to do so.
  9. Taking any action that imposes an unreasonable or disproportionately large load on the Site or hardware and software infrastructure or that of any of our Licensors or Suppliers.
  10.  Attempting to gain unauthorized access to the Site, other user accounts, or other connected computer systems or networks.
  11. Taking any action which may violate any applicable local, state, national or international laws.
  12. Taking any action which might undermine the Site, DDC and/or us.


Disclaimer. All Materials posted on, transmitted through, or linked through the Site, are the sole responsibility of the person from whom such Materials originated. We do not control and are not responsible for Content or Service Provider Content made available through the Site. We have no obligation to screen, preview, monitor or approve any Materials. However, we reserve the right to review and delete any Materials which, in our sole judgment, violate these Terms. By using the Site, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks associated with the use, accuracy, usefulness, completeness or appropriateness of any Materials and/or Content that you submit, receive, access, transmit or otherwise convey through and/or to us. Under no circumstances will we be liable in any way for any Materials or the Content or conduct of any third party. We retain the right, in our sole discretion, to determine whether or not your use of the Site is consistent with these Terms. We may suspend, restrict or terminate your use of the Site and to refuse any future use of all or portions of the Site if your use breaches or fails to comply with any of these Terms. 

Third Party Links. This Site may contain links to or otherwise allow connections to third-party websites, products, or services that are not owned or controlled by the Dealership or DDC. You agree that the Dealership and DDC is not responsible or liable for the content, policies or practices of any third-party websites. Your use of other websites, and the offer or purchase of products or services on or through such other websites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against the Dealership or DDC arising from or based on your use of, or the offer or purchase of products or services on or through, such other websites. Links do not imply that the Dealership or DDC is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Dealer.com or any of its affiliates. 

Representations and Warranties. You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms, (b) the Materials are accurate, current and complete, (c) the Materials do not and shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of a third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Site shall not violate any applicable law or regulation, or cause injury to any person, and (e) your use of the Site shall not violate any agreements between you and a third party. 

Indemnification. You agree to indemnify and hold us, DDC, and our respective Licensors and Suppliers, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide, (b) your use of the Site or your reliance on the Content, (c) your breach of these Terms (including, without limitation, your breach of any representation, warranty and/or agreement contained herein), or (d) any actual, prospective, completed, or terminated purchase, sale or other transaction. 

Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. THE SITE, SOFTWARE, AND CONTENT IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS AND DEALERSHIP AND ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON-INFRINGEMENT. DEALERSHIP AND ITS THIRD PARTY LICENSORS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, SOFTWARE, AND CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE OR ERROR-FREE. ALL CONSUMER REVIEW INFORMATION AVAILABLE ON THIS SITE IS SUPPLIED BY THIRD PARTIES. DEALERSHIP CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, THE PHRASE "LICENSORS AND SUPPLIERS" DOES NOT INCLUDE YOU.

Limitation of Liability. NEITHER WE, DDC, NOR OUR RESPECTIVE LICENSORS AND SUPPLIERS SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, SOFTWARE, OR CONTENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: (a) YOUR USE OR INABILITY TO USE THE SITE; (b) ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; (c) ANY INTERRUPTIONS OR DELAYS IN TRANSMISSION; OR (d) COMPUTER VIRUSES. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF US, DDC, AND/OR OUR RESPECTIVE LICENSORS AND SUPPLIERS TO YOU FOR ANY CLAIM EXCEED THE GREATER OF THE AMOUNT YOU PAID TO USE THE SITE IN THE MONTH PRECEDING THE CLAIM GIVING RISE TO LIABILITY OR ONE-HUNDRED DOLLARS ($100). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, THE PHRASE "LICENSORS AND SUPPLIERS" DOES NOT INCLUDE YOU. 

Termination of Service. You understand and agree that in our sole discretion, and without prior notice, your access to this Site or any portion thereof may be terminated, and we may exercise any other remedy available if we believe that your use of the Site and/or any Materials you provided violate: (i) these Terms, (ii) the rights of us, DDC, and/or any third party, or any user of the Site, or (iii) any law, rule or regulation, or are otherwise objectionable or inappropriate for any reason. You agree that monetary damages may not provide a sufficient remedy for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement of a bond. We are not required to provide any refund to you if you are terminated as an authorized user of the Site or any portion thereof. 

Miscellaneous. We may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. We retain all right, title, and interest in and to User Data (as defined in the Privacy Policy). The Site may include links to other websites not established or supervised by us and we are not responsible for any linked sites. These Terms will be governed by and construed in accordance with the laws of the State of domicile of our Dealership, without regard to conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the subject matter of these Terms must be filed within one (1) year after the cause of action arises or the cause is barred. As a condition of using this Site, you agree that all causes of action arising out of or connected with these Terms shall be resolved individually, without resort to any form of class action. Headings used in these Terms are for convenience only and shall have no interpretive effect. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect. Any failure to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision of these Terms. These Terms constitute the entire agreement between us and you regarding the subject matter hereof. These Terms shall not be construed as creating a partnership, joint venture, or agency relationship or granting a franchise between the parties. In the event of any conflict between these Terms and any separate written agreement between you and us, the terms of the written agreement shall control. 

Changes to these Terms We reserve the right to update and periodically amend these Terms at our discretion and at any time. If we make changes to these Terms, amendments will be posted online, and the date of update will be included. Your continued use of this site and affiliated sites after any such update indicates your agreement to the same.