Terms2018-10-19T14:56:17+00:00

Terms of Use

Use of Site and Services

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR THE SERVICES. By using dmx.io (the “Site”) and any of the services (the “Services”) provided by Dealer Market Exchange PR LLC and DMX Solutions PR LLC (collectively, “DMX”), you (the “Subscriber”) are acknowledging and agreeing to be bound by all of the terms and conditions set forth herein (“Terms of Use”). If you disagree with any of the terms or conditions, please do not use this Site or any of the Services provided herein.

DMX reserves the right to change these Terms of Use at any time. Any new features that increase or enhance the current Services, including the release of updates, new tools, and resources, shall be subject to the Terms of Use. Your continued use of the Site and the Services following the posting of changes to these Terms of Use means you’ve accepted those changes. You can review the most current version of the Terms of Use at any time at:http://dmx.io/terms.

We may terminate or suspend access to our Site and our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, your breach of the Terms of Use. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

Account Terms

  1. You must be 18 years or older to open an account with DMX (an “Account”) and use the Services.
  2. You must be a human. Services registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login to the Services may only be used by one person. A single Account shared by multiple people is not permitted.
  5. You are responsible for maintaining the security of your Services login and password. DMX cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all content posted and activity that occurs under your Account.
  7. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.
  8. Technical support is only provided to Account holders and is only available via email or, at our sole discretion, phone.
  9. You understand that DMX uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
  10. You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, DMX, or any other DMX service.
  11. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by DMX.
  12. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DMX customer, employee, member, or officer will result in immediate Account termination.
  13. You understand that the technical processing and transmission of the Services, including your content and links to other services, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  14. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  15. You must not transmit any worms or viruses or any code of a destructive nature.
  16. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by DMX) of other DMX customers, we reserve the right to immediately disable your Account or throttle your bandwidth until you can reduce your bandwidth consumption.

Payment Terms

  1. A valid merchant payment system is required for paying for the Services requested through DMX’s application. DMX uses Plaid Technologies, Inc. (“Plaid”) to gather your data from financial institutions. By using the Services, you grant DMX and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.
  2. By registering, using, or paying for the Services, you agree to pay all charges and fees associated with the use of the Services offered by DMX, which charges may include, without limitation, monthly transaction service fees.
  3. You agree to be charged a monthly transaction service fee between $199 and $1599 depending on the individual or bundle of Services you select to activate, as well as individual trade transaction fees you may elect in the wholesale trading of vehicle inventory. DMX shall have the right to change the amount of fees and charges from time to time at its discretion, and upon reasonable advance notice.
  4. Any changes to your Services take place immediately. Your payment method on file is automatically charged the new rate on your next billing cycle.
  5. All fees are exclusive of all local, municipal, state, provincial, federal, or other governmental sales, use, excise, value-added, or other taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for and shall pay all such taxes, levies, or duties.

Cancellation and Termination

  1. You are solely responsible for properly canceling your Account via the Site. An email or phone request to cancel your Account is not considered cancellation. You can cancel your Account at any time by clicking on the My Account link in the global navigation bar at the top of the screen.
  2. All of your content will be immediately deleted from the Account upon cancellation. This information cannot be recovered once your Account is cancelled.
  3. DMX has a zero tolerance policy for chargebacks. Any customer disputing a credit card payment results in an immediate suspension of the Account. A $25 reactivation fee will be assessed for each credit card chargeback to DMX.
  4. DMX, at its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Services for any reason at any time without notice. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Services, and the forfeiture and relinquishment of all content in your Account. DMX reserves the right to refuse services to anyone for any reason at any time.
  5. Cancellation, suspension or termination of your Services does not terminate these Terms of Use.

Modifications to the Services and Prices

  1. DMX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services (or any part thereof) with or without notice.
  2. During any designated testing program or period, DMX shall provide the Services free of charge. However, prices of all Services, including but not limited to any monthly plan fees, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Site (www.dmx.io), the application or the Account itself.
  3. DMX shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any of the Services.

Copyright and Content Ownership

  1. DMX claims all intellectual property rights and copyright rights for material on the Site and the Services or posted to the Site and the Services unless said material is copyrighted by a third party service.
  2. Your profile and subscriptions to other third party services remain yours and you are responsible to comply with any Terms of Use, Copyright,Content Ownership, Content Usage or other rights of third party services to which you have linked from the Services.
  3. You are responsible for all third party fees and costs resulting from use of the Services.
  4. DMX does not pre-screen content. DMX and its designee have the right, but not the obligation, at their sole discretion to refuse or remove any links or content that is available via the Services.
  5. Title, ownership and all patent, copyright, trademark and other intellectual property rights related to the Site and the Services belong to DMX and/or its partners and suppliers. You agree to abide by the intellectual property law and all other applicable state, federal and international laws.
  6. © 2017 by DMX. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from DMX.

Kelley Blue Book Copyright

© 2017 by Kelley Blue Book Co., Inc. All Rights Reserved. Kelley Blue Book® is a registered trademark of Kelley Blue Book Co., Inc. Vehicle valuations are opinions and may vary from vehicle to vehicle. Actual valuations will vary based upon market conditions, specifications, vehicle condition or other particular circumstances pertinent to this particular vehicle or the transaction or the parties to the transaction. This pricing is intended for the use of the individual generating this pricing only and shall not be sold or transmitted to another party. Kelley Blue Book assumes no responsibility for errors or omissions.

Black Book Copyright

Copyright ©2017 Hearst Business Media Corp. ALL RIGHTS RESERVED. Black Book® is a registered trademark of Hearst Business Media Corporation. REPRODUCTION OF THE TRADE NAME AND OR CONTENTS OF THE DATABASE IN WHOLE OR IN PART, IN ANY FORM BY ELECTRONIC OR MECHANICAL MEANS INCLUDING INFORMATION STORAGE AND RETRIEVAL SYSTEMS IS STRICTLY PROHIBITED. THE DATABASE IS PROVIDED “AS IS” AND LICENSOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF THE DATA FROM WHICH THE DATABASE IS COMPILED OR THAT THE DATABASE IS FREE FROM ERRORS AND OMISSIONS, AND THE MERCHANTABILITY AND FITNESS OF THE DATABASE FOR A PARTICULAR PURPOSE OR USE OR THE PERFORMANCE OR RESULTS OBTAINED BY USING THE DATABASE. NATIONAL AUTO RESEARCH HAS BEEN DILIGENT IN PROVIDING ACCURATE AND COMPLETE INFORMATION, HOWEVER, THE DATABASE IS PROVIDED “AS IS” AND NATIONAL AUTO RESEARCH PROVIDES NO WARRANTIES EXPRESS OR IMPLIED.

CARFAX Copyright

©2016 CARFAX, Inc. CARFAX Vehicle History Reports are based on information supplied to CARFAX. CARFAX does not have the complete history of every vehicle. Use the CARFAX search as one important tool, along with a vehicle inspection and test drive, to make a better decision about your next used car.

Galves Copyright

The entire contents of galves.com and Galves Auto Price List, including logotype, HTML code, design, graphics and text, are fully protected by copyright and registry and cannot be reproduced in any form for any purpose without express, prior written permission from Galves Auto Price List, Inc. © 1999-2009 Galves.com ALL RIGHTS RESERVED.

By subscribing to Galves quotation service you agree not to reproduce, retransmit, distribute, (except to proposed buyers of your automobile), disseminate, sell, publish, broadcast, or circulate the information received from Galves to anyone without the express, prior written consent of Galves.

Providers of data, information, and graphics to galves.com have a copyright interest in such data, information, and graphics and are subject to United States copyright law protection.

Edmunds Copyright

Except for certain editorial content and graphics provided to Edmunds.com, Inc. by third parties and as to which those parties retain copyright interest, all editorial content (including articles, reviews, videos and photos) and graphics on the Edmunds Automotive Network are protected by U.S. copyright and international treaties and may not be copied without the express permission of Edmunds.com, Inc., which reserves all rights. Such editorial content and graphics may not be reproduced or distributed in whole or in part by any printed, electronic or other means without express written permission from Edmunds.com, Inc.

Providers of data  to the Edmunds Automotive Network have a copyright interest in such data  to the extent that such data is subject to copyright protection under applicable United States law.

Permission to use content from the Edmunds Automotive Network is granted on a case-by-case basis. To submit a request, please fill out the Permissions Request Form. (If you are requesting permission on behalf of an automobile manufacturer or one of its advertising agencies, please refer to the Guidelines for Permission Requests.)

DO NOT copy or adapt the HTML code we create to generate pages. It is also covered by our copyright.

NOTICE: Certain automotive images contained herein are owned by eVox Productions LLC and are protected under United States and international copyright law. Access to and use of these images is restricted by the terms and conditions of a separate license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images is strictly prohibited. eVox reserves the right to pursue all legal and equitable remedies against unauthorized uses.

Apple Copyright

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc., registered in the U.S. and other countries.

Google Copyright

Google Play and the Google Play logo are trademarks of Google Inc.

Warranties and Disclaimers

We try to keep our Site and Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Site and Services. Your use of the Site and our Services is at your sole risk.

The Site, all information, content, materials, products, and the Services included on or otherwise made available to you through this Site are provided by DMX on an “as is” and “as available” basis, unless otherwise specified in writing. DMX makes no representations or warranties of any kind hereunder, express or implied, as to the operation of this Site, or the information, data, content, materials, products, or the Services included on or otherwise made available to you through this Site.

To the full extent permissible by applicable law, DMX disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. DMX does not warrant that this Site, information, content, materials, products, or the Services included on or otherwise made available to you through this Site, or our servers or electronic communications are free of viruses or other harmful components.

DMX does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site and the Services will meet your expectations, and (v) any errors in the Services will be corrected.

Release

You expressly understand and agree that DMX and any of its subsidiaries, affiliates, related entities, entities with common ownership, present, future and each of them, as well as its owners, trustees, dependencies, members, Board of Managers, managers, directors, officers, employees, agents, representatives, assigns, successors, legal representatives, and executives (collectively, the “Released Parties”) shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Released Parties have been advised of the possibility of such damages), resulting from:

  • The content you provide (directly or indirectly) using the Services;
  • the use or the inability to use the Site or the Services;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any of the Services;
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services;
  • unauthorized access to or alteration of your transmissions or data;
  • statements or conduct of any third party relating to the Services;
  • violation of the Terms of Use, copyright, or other rights of third party services you may link to with your Account;
  • your need to modify practices, content, behavior, or your loss of or inability to do business, as a result of changes of these Terms of Use and our policies; or
  • any other matter relating to the Site or the Services.

If you have a dispute with one or more users, you release the Released Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You agree to indemnify, hold harmless, and defend the Released Parties, their contractors and licensors, and their respective directors, officers, employees, agents, representatives, assigns, successors, legal representatives, and executives at your expense, from and against any and all third-party claims, actions, proceedings, and suits and expenses, including attorneys’ fees, arising from your use of Services and the Site, including but not limited to your violation of the Terms of Use or your breach of any law or the rights of a third party.

Exclusions and Limitations

Some jurisdictions do not allow the limitations and exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Ownership, Copyright and Limited Use

All content included on the Site, such as, but not limited to, trademarks, service marks, trade names, text, graphics, logos, icons, button icons, images, data compilations, domain names, and software, is the property of DMX or its content suppliers or used with permission. The compilation of all content on this Site is the exclusive property of DMX and may be protected by United States and international copyright laws. All software used on this site is the property of DMX or their software suppliers and may be protected by United States and international copyright laws. Nothing on this Site should be construed as granting any license or right to such content or software. 

You agree that, other than the right to access the Site and view the information contained on the Site under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to this Site or any portion of any Information on this Site, and that all title, right and interest therein and thereto remains with DMX (and its information providers, as may be applicable). You may not copy any of the information provided on the Site and must not copy these documents to any website. You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Links to other Websites

Our Site and Services may contain links to affiliates of DMX or third party websites or services that may or may not be owned or controlled by DMX, and may from time to time provide third party material on the Site. When you access a non-DMX website, please understand that it is independent from DMX. These third party websites and third party materials are provided as a convenience only. DMX has not reviewed, makes no representation, provides no warranties, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services that are not owned or controlled by DMX. The fact that DMX has provided a link to any third party website on this Site does not constitute an endorsement, authorization, sponsorship or affiliation by DMX with respect to such third party website or its owners or providers or any products or services mentioned or offered at the third party website. DMX expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all third party websites.

You further acknowledge and agree that DMX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with use of, or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Applicable Law

These Terms of Use shall be governed and construed in accordance with applicable federal laws and regulations, and the laws and regulations of the Commonwealth of Puerto Rico, without regard to its conflict of law provisions.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not be considered a waiver of those rights or provisions.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court under applicable law, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use, along with the End User License Agreement and all policies posted through the Site and the Services, constitute the entire agreement between us regarding our Site and the Services, and supersede and replace any prior agreements we might have between us regarding the Site and the Services (including, but not limited to, any prior versions of the Terms of Use or any verbal or oral commitments).

Amendments

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement.

If a revision is material we will try to provide reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site and the Services. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through.

Privacy Policy

Please read our Privacy Policy, which also governs the use of the Site and the Services, to understand our practices.

Any questions about these Terms of Use should be addressed to admin@dmx.io or by mail at:

Dealer Market Exchange PR LLC
City View Plaza II
48 Road 165, Suite 5050
Guaynabo, PR 00968 

These Terms of Use are effective as of January 1, 2017.

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