Welcome to DealernetMallB Corporation's Terms of Service Agreement
("Agreement"). This Agreement describes the terms and conditions applicable
to your use of the Dealernetb2b.com web site, which features tools for
trading and communicating in a global business to business e-market (the
PLEASE READ THIS AGREEMENT CAREFULLY!
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH
DealernetMallB OFFERS YOU ACCESS TO THE SERVICE.
1. Acceptance Of Terms. By accessing our web site past the home
page, you agree that you have entered into this Agreement with
DealernetMallB Corporation ("DealernetMallB") and that you will be bound
by the terms and conditions hereof ("Terms"), which DealernetMallB in its
discretion may change from time to time. We will post a notice on our web
site to inform you of any changes to the Terms. If you do not agree to the
changes, you must discontinue using the Service. The changed Terms shall
automatically be effective immediately after they are initially posted on
the homepage of our site. Your continued use of the Service will signify
your acceptance of the changed Terms. Unless explicitly stated otherwise,
any new features that augment or enhance the Service shall be subject to
this Agreement. This Agreement may not be otherwise modified except in a
writing signed by an authorized officer of DealernetMallB.
2. Who Can Use DealernetMallB. The Service is only available to
individuals or companies who can form legally binding contracts under
applicable law. Thus, you must be at least 18 years of age to use our
services. If you do not qualify, please do not use the Service.
DealernetMallB may, in its sole discretion, refuse the Service to anyone at
any time. The Service is not available to temporarily or indefinitely
suspended DealernetMallB members.
3. DealernetMallB Is Only A Venue For Trading. Our site acts as
the venue for users to locate people to trade with, to negotiate the
exchange of goods and services and to obtain various trade-related services.
However, we have no control over the quality, safety or legality of the
items being traded, the truth or accuracy of the item listings, the ability
of traders to fulfill their obligations in a trade agreement. We cannot and
do not control whether or not traders will complete their part of a trade.
In addition, note that there are risks of dealing with foreign nationals,
underage persons or people acting under false pretense.
4. Your Information And Items For Trade. "Your Information"
includes any information data, text, software, music, sound, photographs,
graphics, video, messages or other materials you provide to us or other
users during the registration, trading or listing processes, in any public
message area or through any email feature. With respect to Your Information,
you are solely responsible for Your Information, and we act as a passive
conduit for your online distribution and publication of Your Information. We
may take any action, however, with respect to Your Information we deem
necessary or appropriate in our sole discretion if we believe it may create
liability for us or may cause us to lose (in whole or in part) the services
of our ISPs or other suppliers. You hereby warrant that you have all rights,
including all copyrights, necessary to submit Your Information to DealernetMallB.
You acknowledge that DealernetMallB does not take any
responsibility to determine what information that is submitted to us is
protected, nor will we be responsible for the use of Your Information by
other users of the Service.
4.1 Registration Obligations. If you register with us, you agree
to: (a) provide true, accurate, current and complete information about
yourself or company as prompted by the member information form at
http://www.dealernetb2b.com/register.asp, and (b) maintain and promptly
update the member information to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or DealernetMallB has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, DealernetMallB has the right to suspend or terminate your
registration and refuse any and all current or future use of the Service (or
any portion thereof). If you have registered with us on behalf of a company
or other entity, then you represent and warrant that you have the authority
to bind such company or other entity to the Terms.
4.2 Member ID, Password and Security. During the registration
process, you will select a Member ID and Password. You are solely
responsible for maintaining the confidentiality of your Member ID and
Password, and for all activities that occur under your Member ID and
password. You agree to (a) immediately notify DealernetMallB of any
unauthorized use of your Member ID or Password or any other breach of
security, and (b) ensure that you properly exit the web site at the end of
each session. DealernetMallB cannot and will not be liable for any loss
or damage arising from your failure to comply with this paragraph.
4.3 Rules About Your Information. You agree that Your Information
and the items you offer for trade on DealernetMallB:
- will not be fraudulent or involve the sale of counterfeit or stolen
- will not infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy (See
our Copyright Policy for more information);
- will not violate any law, statute, ordinance or regulation (including
without limitation those governing export control, trade quotas, consumer
protection, unfair competition, anti-discrimination or false
- will not be defamatory, trade libelous, unlawfully threatening or
- will not be obscene or contain child pornography;
- will not contain any viruses, Trojan horses, worms, time bombs or other
computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
personal information; and
- will not link directly or indirectly to or include descriptions of goods
or services that: (i) are prohibited under this Agreement; or (ii) you do
not have a right to link to or include. You also agree not to use the
Service (h) in connection with chain letters, junk e-mail, spamming or any
duplicative or unsolicited messages, (i) to collect e-mail addresses and
other information about others without their consent or (j) to create false
e-mail addresses or otherwise attempt to mislead others as to the identity
of the sender or the origin of a message.
4.4 Prohibited Items. You may not post on our site or trade
through our site any: (a) any item that could cause us to violate any
applicable law, statute, ordinance or regulation.
5. The Trading Process
5.1 Listing An Item. Listings are text descriptions, graphics
and/or pictures on DealernetMallB's web site supplied by you that either:
(a) describe an item you have that you want to trade, or (b) describe an
item you are looking for. You may post either or both of these listing types
of listings on DealernetMallB's site, provided that you place such
listings in an appropriate category. DealernetMallB is not responsible
for the accuracy or content of listings (including any translations
5.2 Negotiating A Trade. Traders on DealernetMallB negotiate
with each other through the process of formulating offers and counteroffers.
Acceptance of an offer or counteroffer by all parties constitutes an
obligation for DealernetMallB users involved to complete the transaction.
Acceptances and Offers are not retractable except in exceptional
circumstances such as a user materially changing the description of the item
after your offer was made or clear typographical errors, or when you can not
authenticate the identity of a user involved in the trade. DealernetMallB
is not responsible for the accuracy of, or any error or omission in, any
information contained in any Request for Quote, Purchase Order, Quote or
other online document that is part of the My Trade Activity feature.
5.3 Handling Trading Disputes. If both parties agree, an
advisory committee of peers can attempt mediation.
5.4 Use Common Sense. We cannot nor do we try to control the
information provided by other users, which is made available through the
Service. By its very nature, other people's information may be offensive,
harmful or inaccurate, and in some cases will be mislabeled or deceptively
labeled. We expect that you will use caution and common sense when using our
6. The Trading System
6.1 No Trade Manipulation. You agree to not use a shill (a
secondary account or third party) to manipulate the outcome of a negotiation
with another trader.
6.2 System Integrity. You agree that you will not use any
device, software or routine to interfere or attempt to interfere with the
proper working of the DealernetMallB.com site or any trade being
conducted on our site. You may not take any action, which imposes an
unreasonable or disproportionately large load on our infrastructure. You may
not disclose or share your password to any third parties or use your
password for any unauthorized purpose.
6.3 Feedback. You may not take any actions which may undermine
the integrity of the Dealerfeedback feature such as: leaving positive
feedback for yourself using secondary Member IDs or third parties; leaving
negative feedback for other users using secondary member IDs or third
parties (feedback bombing); or leaving negative feedback if a user fails to
perform some action that is outside the scope of the trade (feedback
6.4 No Commercial Exploitation. You agree that you may not
commercially exploit any information, including but not limited to, copying
(through robot, spider, any other automatic device or manual process) any
information displayed, on the DealernetMallB web site without prior
written authorization from an authorized officer of DealernetMallB.
7. Termination. You agree that DealernetMallB, in its sole
discretion, may terminate your password, account (or any part thereof) or
use of the Service, and remove and discard Your Information within the
Service, for any reason, including without limitation, if DealernetMallB
believes that you have violated or acted inconsistently with the letter and
spirit of the Agreement. DealernetMallB may also, in its sole discretion
and at any time, discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access to the
Service under any provision of this Agreement may be effected without prior
notice, and acknowledge and agree that DealernetMallB may immediately
deactivate or delete your account and all related information and files in
your account and/or bar any further access to such files or the Service.
Further, you agree that DealernetMallB shall not be liable to you or any
third party for any termination of your access to the Service. Paragraphs
12, 13, and 14 shall survive any termination of this Agreement.
8. What Happens if You Break the Rules? Without limiting other
remedies, we may immediately issue a warning, temporarily suspend,
indefinitely suspend or terminate your membership, any of your current
listings, and any other information you place on the site if (i) you breach
this Agreement, (ii) we are unable to verify or authenticate any information
you provide to us or (iii) we believe that your actions may cause legal
liability for you, our users, third-party service providers whose services
are provided through our web site or us. Without limiting any other
remedies, DealernetMallB may suspend or terminate your account if you are
found (by conviction, settlement, insurance or escrow investigation, or
otherwise) to have engaged in fraudulent activity in connection with our
9. The Service is Provided "As Is." We will try very hard to
make your experience with DealernetMallB enjoyable. Unfortunately, we
cannot always foresee or anticipate technical or other difficulties. These
difficulties may result in loss of data or other service interruptions. For
this reason, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE
IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. DealernetMallB EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. DealernetMallB MAKES NO WARRANTY THAT: (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERUPTED, TIMELY,
SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM DealernetMallB OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Note: Some jurisdictions do not allow the disclaimer of implied
warranties, so the foregoing disclaimers may not apply to you. This warranty
gives you specific legal rights and you may also have other legal rights,
which vary from jurisdiction to jurisdiction.
10. Limit of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
DealernetMallB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF DealernetMallB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, SAMPLES, DATA, INFORMATION OR SERVICES PURCHASES OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE HOWEVER ARISING, INCLUDING NEGLIGENCE.
Note: Some jurisdictions do not allow the limitation of liability,
so the foregoing limitation may not apply to you.
11. Indemnity. You agree to indemnify and hold DealernetMallB and our subsidiaries, affiliates, officers, directors, agents, and
employees, harmless from any claim or demand (including reasonable legal
expenses and the expenses of other professionals) made by a third party due
to or arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a
12. Compliance With Laws. You shall comply with all applicable
laws, statutes, ordinances and regulations regarding your use of the Service
and your bidding on, listing, purchase and sale of items, including, but not
limited to, complying with all applicable laws regarding the transmission of
technical data exported from any applicable country.
13. No Agency. You and DealernetMallB are independent
contractors, and no agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship is intended or created by this Agreement.
14. Advertising & Financial Services. Your correspondence or
business dealings with, or participation in promotions of, advertisers found
on or through the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser.
You agree that DealernetMallB shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service. If you intend
to create or join any service, receive or request any news messages, alerts
or other information from the Service concerning companies, stock quotes,
investments or securities, please be advised DealernetMallB shall not be
responsible nor liable for the accuracy, usefulness or availability of any
such information transmitted via the Service, and shall not be responsible
nor liable for any trading or investment decisions made based on such
15. Links. The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because DealernetMallB has no control over such sites and resources, you acknowledge
and agree that DealernetMallB is not responsible for the availability of
such external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that DealernetMallB 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 site or resource.
16. Notices. Except as explicitly stated otherwise, any notices
shall be given by email to Admin@DealernetMallB.com (in the case of
DealernetMallB) or to the email address you provide to DealernetMallB
during the registration process (in your case), or such other address as the
party shall specify. Notice shall be deemed given twenty-four (24) hours
after email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided to DealernetMallB during the registration process. In such case, notice shall be
deemed given three (3) days after the date of mailing.
17. Force Majeure. DealernetMallB shall not be liable to you
for delays or failures in performance resulting from causes beyond our
reasonable control, including, but not limited to, acts of God, labor
disputes or disturbances, material shortages or rationing, riots, acts of
war, governmental regulations, communication or utility failures, or
18. Assignment. DealernetMallB may assign this Agreement.
19. B2B EFT Terms. Once you become of member of Dealernetb2b,
you will be establishing a non-interest bearing transactional account with Dealernet, Inc.
This account will only become activated once you agree to all of the terms and conditions set forth below:
- This account enables you to send cash to other members of Dealernetb2b, request cash, as well as add cash to your account.
All transactions made through your EFT (Electronic Funds Transfer) service will pass through your individual account and show up on
your online statement.
- We reserve the right to decline your EFT service enrollment at anytime if you are in violation of any of the rules and regul
- You may choose to fund your account by check or credit card (subject to 3% fee). There are no fees for sending or receiving funds with other members.
- Upon your request, Dealernet, Inc. will send you a check for any amount up to your available balance within 2 business days. All cash withdrawl requests are subject to a service charge which will be deducted from each cash out payment (see cashout menu for options). Business days are Monday through Friday, excluding federal holidays. We consider Saturday, Sunday, and Monday as one Business Day and federal or state holidays as part of the Business Day which follows the holiday.
- You represent and warrant that you are an owner and/or authorized user of your Dealernet account and that you have the autho
rity to make transactions with respect to such account. You also take full responsibility for any transactions made at anytime with
your EFT account.
- You agree that Dealernet, Inc is only providing a service that facilitates financial transactions over the internet. All tr
ansactions using your EFT account with other members are deemed to be cash transfers and you will not hold Dealernet, Inc. liable or
responsible for any financial losses from such transactions.
- Once an EFT transfer has been accepted by the recipient it is non-reversible and non-refundable. You must contact the other
member directly if you need to request a refund.
- You may choose not to participate in the EFT feature of Dealernetb2b at anytime by clicking the appropriate box on your deal
er profile preference page.
- When you send cash from your EFT account to another member, you can send up to the amount of cash available in your account,
subject to any transaction limits which may be specified at anytime by Dealernet, Inc through e-mail or posted any place on the Dealernetb2b website.
- When you receive money through an EFT transfer, you will receive an e-mail notifying you that you have a pending transfer.
This money is not moved into your account until you accept the payment.
20. Miscellaneous. The Agreement constitutes the entire
Agreement between you and DealernetMallB and governs your use of the
Service, superseding any prior written or oral Agreements between you and
DealernetMallB. The Agreement shall be governed in all respects by the
laws of the State of California without regard to its conflict of law
provisions. 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.