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Webinar Terms & Conditions

Effective as of: August 28, 2024
Last Modified: August 28, 2024

Acceptance of the Terms and Conditions

Welcome to the Dealer Pay, LLC (“DP,” “We,” “Us,” or “our”) Webinar. Please read these terms and conditions carefully. By clicking accept and registering for and attending this Webinar, you agree to be bound by the following Webinar Terms and Conditions (the “Terms”).

Registration and Access

This Webinar is invite-only, and access is restricted to registered participants who have agreed to these Terms. By registering, you agree to provide accurate and complete information and to update it as necessary. Access to the Webinar is granted solely to the individual and/or corporate entity who registered. Sharing access credentials with others is strictly prohibited.

Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. In the event of a breach of the confidentiality or security of your personal information, We will reasonably attempt to notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, We may notify you under such circumstances using your most current email address on record with Us.

We reserve the right to withdraw, modify, or temporarily suspend the Webinar, and any services or materials We provide during the Webinar, in our sole discretion without prior notice. We will not be liable if for any reason all or any part of the Webinar is unavailable at any time or for any period.

It is your responsibility to:

  • Ensure you have the necessary technological means to access the Webinar.
  • To access the Webinar, you may be asked to provide certain registration details or other information. It is a condition of your access to the Webinar that all the information you provide is accurate, current, and complete.
  • If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Webinar or portions of it using your user name, password, or other security information. You agree to notify Us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

To maintain the Webinar’s integrity, We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by Us, at any time in our sole discretion for any or no reason, including if, in our sole discretion, you have breached any of the provisions contained within these Terms.

Confidentiality and Proprietary Rights

All content presented during the Webinar is considered Confidential and Proprietary Information of DP. Confidential Information is defined as any non-public information disclosed during the Webinar, including but not limited to software demonstrations, technical data, trade secrets, business plans, marketing strategies, and any other Proprietary Information, whether spoken, written, or observed. Proprietary Information is defined as any information related to DP’s products, services, technology, and intellectual property, including but not limited to software, designs, methodologies, processes, and any related documentation or materials shared during the Webinar. You agree to:

  • Not disclose, distribute, or share any Confidential or Proprietary Information to any third party without DP’s prior written consent.
  • Not record, take screenshots, photograph, or capture any content presented during the Webinar in any form, whether digital or otherwise.
  • Not use any information obtained during the Webinar for any purpose other than personal education, without DP’s express written consent.

Prohibited Conduct

The Webinar and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by DP, its licensors, or other providers of such material. They are safeguarded by United States and international intellectual property laws, including copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to access the Webinar for a non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from the Webinar.

You agree to conduct yourself in a professional manner during the Webinar. The following actions are strictly prohibited:

  • Recording, photographing, taking screenshots, or otherwise capturing any part of the Webinar content.
  • Attempting to reverse engineer, decompile, or disassemble any software demonstrated during the Webinar.
  • Engaging in disruptive, offensive, or lewd behavior during the Webinar, including but not limited to inappropriate comments, gestures, or any form of harassment.

The following are also strictly prohibited:

  • Altering material copies from the Webinar.
  • Separate use of any illustrations, photographs, video/audio sequences, or any graphics from the corresponding text without owning respective rights.
  • Removal or modification of any copyright, trademark, or other proprietary rights notices from copies of materials from the Webinar.
  • If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Webinar in breach of these Terms, your right to use the Webinar will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Webinar or any content on the Webinar is transferred to you, and all rights not expressly granted are retained by DP. Any use of the Webinar not expressly permitted by these Terms is a breach of these Terms and may infringe upon copyright, trademark, or other laws.

You may use the Webinar only for lawful purposes and in accordance with these Terms. Including but not limited to the items listed below, you agree not to use the Webinar:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material in a manner that does not comply with these Terms.
  • To impersonate or attempt to impersonate DP, a DP employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • Use any robot, spider, or other automatic device, process, or means to access the Webinar for any purpose, including monitoring or copying any of the material on the Webinar.
  • Use any manual process to monitor or copy any of the material from the Webinar, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Webinar.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Webinar, the server on which the Webinar is stored, or any server, computer, or database connected to the Webinar.
  • Attack the Webinar via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Webinar.

Trademarks

DP’s name, its logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DP or its affiliates or licensors. You must not use such marks without the prior written permission of DP. Any other names, logos, product and service names, designs, and slogans seen during the Webinar are the trademarks of their respective proprietors.

Enforcement and Remedies

DP reserves the right to take any and all legal and equitable actions to enforce these Terms and protect its rights. This includes but is not limited to:

  • Terminating your access to the Webinar and any future events hosted by DP.
  • Seeking injunctive relief to prevent unauthorized use or disclosure of Confidential or Proprietary Information.
  • Pursuing claims for damages, losses, and costs resulting from any breach of these Terms, including but not limited to violations of confidentiality, intellectual property rights, or inappropriate conduct.
  • Taking appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Webinar.

Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone accessing the Webinar. YOU AGREE THAT YOU WAIVE AND HOLD HARMLESS DP, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS ARISING OUT OF OR RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Webinar Information

The information presented on or through the Webinar is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you.

The Webinar may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DP, are solely the opinions and the responsibility of the person or entity providing those materials. The inclusion of third-party content does not imply endorsement or approval by DP. These materials do not necessarily reflect the opinion of DP. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties

Recording and Use Disclaimer

You hereby acknowledge and unconditionally agree that DP reserves the right to any Webinars. By engaging in any communication, whether via voice, video, or chat, with DP, you expressly grant DP the irrevocable consent to record, videotape, and photograph your likeness and/or voice for educational, promotional, and marketing endeavors. You explicitly waive any claims for compensation arising from the utilization of your likeness or voice, and you understand and accept that you may not receive prior notification regarding the specific utilization of your likeness.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO A WEBINAR OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBINAR OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.

YOUR ACCESS TO THE WEBINAR, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBINAR IS AT YOUR OWN RISK. THE WEBINAR, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBINAR ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DP NOR ANY PERSON ASSOCIATED WITH DP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBINAR. WITHOUT LIMITING THE FOREGOING, NEITHER DP NOR ANYONE ASSOCIATED WITH DP REPRESENTS OR WARRANTS THAT THE WEBINAR, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBINAR WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBINAR OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBINAR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, DP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DP, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, OR INABILITY TO ACCESS, THE WEBINAR, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBINAR OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless DP, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms, misuse of the Confidential or Proprietary Information, or any other unlawful conduct during the Webinar.

Governing Law; Jurisdiction and Venue

All matters relating to the Webinar and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be 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 (whether of the State of Missouri or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Webinar 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, Missouri, although We reserve the right to bring any suit, action, or proceeding against you for breach of these Terms in your state, country of residence, or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At DP’s sole discretion, it may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Missouri law.

Limitation on Time to File Claims; Waiver of Jury Trial

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, YOU ACKNOWLEDGE AND AGREE THAT SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU HEREBY EXPRESSLY AND IRREVOCABLY WAIVE ANY AND ALL RIGHTS THAT YOU MAY HAVE TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY CLAIM RELATING TO OR ARISING UNDER THESE TERMS.

Waiver and Severability

No waiver by DP of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DP to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

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.

Amendments and Modifications

DP reserves the right to modify or amend these Terms at any time. Any such modifications will be effective immediately upon posting on DP’s website or notification to registrants. Your continued participation in the Webinar after any such changes constitutes your acceptance of the new Terms

Entire Agreement and Acknowledgment

The Terms constitute the sole and entire agreement between you and DP regarding the Webinars and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Webinars. By registering for and attending the Webinar, you acknowledge that you have read, understood, and agree to be bound by these Terms.