AutoRevolution Terms of Service: Usage Guidelines

Last Updated: March 25, 2026

Effective Date: July 1, 2004

These Terms ("Terms") constitute the agreement between you and Metzger Enterprises LLC, also known as AutoRevolution ("AutoRevolution," "we," "us," "our"). These Terms apply to all AutoRevolution websites, hosting, services (including pre-release services), products, and software or apps, including all updates, support, and content (collectively, the "Services"). These Terms also encompass your use of any additional AutoRevolution Services for which you sign up while these Terms are in effect unless other terms accompany those Services. In such cases, those terms will take precedence. Services may have other posted notices or codes of conduct. All such notices and codes of conduct are included as part of these Terms.

AutoRevolution is the exclusive sole owner of all intellectual property rights related to the Software and websites provided by AutoRevolution in association with the AutoRevolution Services (the "Sites"). This includes, but is not limited to, the structure, organization, design, algorithms, methods, templates, data models, data structures, logic flow, and screen displays associated with them. Any customizations, enhancements, modifications, and new code provided to you under this Agreement are considered "Software" and are owned by AutoRevolution.

AutoRevolution grants you, and you accept, a nontransferable and nonexclusive license to use in object code form only any software used in connection with AutoRevolution Services or made available to download on AutoRevolution sites (the "Software") solely for your purposes using your data, and not for the benefit of any third party unless otherwise agreed in writing by AutoRevolution. You may only use and access the Software through authorized AutoRevolution websites and agree to use reasonable security measures to minimize the risk of unauthorized access.

AutoRevolution reserves the right to change the Terms of Service at anytime without notice. If You continue to use AutoRevolution Services after any such changes, your continued use will constitute your consent.

1. DESCRIPTION OF SERVICES

We provide:

• Website hosting and content management systems (CMS)
• Lead generation and customer relationship management (CRM) tools
• Marketing, analytics, and performance tracking technologies
• SMS and communication platforms
• Artificial intelligence (AI) and automation tools
• Guilded Vehicle Photography Application
• Data processing and integration services

Certain Services may be in beta or pre-release and may be modified at any time. Once your account is created, you may start using the Services as soon as you have completed the setup process. Some parts of the Services may not be available right away while we configure them for your use. We may modify or discontinue Services at any time.

2. ELIGIBILITY AND ACCEPTANCE

2.1 “You” includes

• You individually
• Your business entity
• Your employees, agents, contractors, and authorized users

If you use the Services on behalf of an entity, you represent that you have authority to bind that entity.

2.2 Eligibility

• You must be at least eighteen (18) years of age to use the Services.
• Have authority to enter into this agreement
• Comply with all applicable laws

2.3 Account Responsibilities

• Provide accurate information
• Maintain the confidentiality of login credentials
• Be responsible for all activity under your account

You must notify us immediately of unauthorized use.

2.4 User Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe intellectual property rights
• Transmit unlawful, harmful, or deceptive content
• Use the Services for unauthorized marketing or spam
• Interfere with system security or operations

3. ROLE OF THE PARTIES

3.1 Independent Roles

• Dealership Client = Data Controller
• AutoRevolution = Service Provider / Processor

Dealerships determine:

• What data is collected
• How it is used
• Legal basis for processing

AutoRevolution processes data solely on documented instructions.

3.2 Dealer Compliance Obligations

Dealerships are fully responsible for your use of the Services, including ensuring that your business complies with all relevant laws and regulations. Specifically, and without limiting the generality of the foregoing, you are responsible for compliance with the following:

• TCPA (texting/calling consent)
• CAN-SPAM / CASL (email marketing)
• CCPA/CPRA and state privacy laws
• GLBA (financial data)
• FCRA/TILA/ECOA (credit applications, if applicable)
• FTC and CFPB regulations
• CFPB (Buy Here, Pay Here BHPH Financing)
• PCI-DSS (Payment Card Industry Data Security Standard)
• SPAM laws, including the CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), or other laws related to emailing consumers
• Laws governing the transmission, recording, or storage of technical data, personal data, financial information, or sensitive information

Providing legally compliant:

• Privacy and Terms of Use Policies
• Consent disclosures
• Opt-out mechanisms

3.3 Biometric Data Provision

Biometric Data and Image Capture

1. Scope of Application Certain features of the Services, including the vehicle photography application, involve the capture and processing of images that may incidentally include individuals or facial features that could be considered biometric identifiers or biometric information under applicable law, including the Illinois Biometric Information Privacy Act.

2.User Representations and Obligations

By using the Services, you represent and warrant that:

• "You have the legal authority to capture images in the environments where the Services are used"
• "You will not intentionally capture images of individuals unless permitted by law"
• "You have obtained any legally required notices and consents from individuals whose biometric information may be captured"

3. Consent to Processing

You acknowledge and agree that biometric identifiers or biometric information may be incidentally captured and processed in accordance with our Privacy Policy and Biometric Information Privacy Policy.

4. Restrictions on Use

We do not sell, lease, trade, or otherwise profit from biometric identifiers or biometric information. Such data is not used for identification or facial recognition purposes, and remove from vehicle photo

5. Retention and Deletion

Biometric data, if collected, is retained only for as long as necessary to delete the information for which it was collected or as required by applicable law, and is thereafter permanently deleted in accordance with our data retention policies.

6. Limitation of Liability

To the maximum extent permitted by law, you agree that you are solely responsible for obtaining any required consents and for compliance with applicable biometric and privacy laws in connection with your use of the Services.

7. Incorporation by Reference

Additional information regarding our collection, use, storage, and deletion of biometric data is provided in our Privacy Policy and Biometric Information Privacy Policy, which are incorporated into these Terms by reference.

“By using the photography features, you acknowledge and agree to the Biometric Data provisions in the Terms of Service.”

3.3 Lead Data Compliance

You represent and warrant that:

You will obtain prior express written consent before:

• SMS or automated calls
• Marketing communications

You will NOT:

• Contact consumers without lawful consent
• Misuse or resell lead data unlawfully
• Use deceptive or misleading practices

AutoRevolution reserves the right to suspend or terminate Services immediately for violations. Upon termination or cancellation of the Services, AutoRevolution may delete your data permanently from our servers. You are responsible for taking all necessary steps to back up your data and ensure that you maintain your primary means of business. AutoRevolution will not be responsible for any loss of data resulting from the termination or cancellation of the Services.

By using the Services, you understand and agree that it is your responsibility to:

• Confirm the accuracy of any information you present to your customers, governmental agencies, or any other third party.
• Ensure compliance with all applicable laws and regulations in your interactions with customers, governmental agencies, or any other third party.
• Secure any consumer information you collect, and implement reasonable security policies and procedures designed to meet, at a minimum, applicable laws.
• Comply with the Payment Card Industry Data Security Standard (PCI-DSS) or other payment card obligations as they relate to your business.
• Comply with ALL laws governing the transmission, recording, or storage of technical data, personal data, financial information, or sensitive information

4. ACCOUNT RESPONSIBILITIES

You are responsible for:

• All activity under your account
• Maintaining credential security
• Ensuring your business complies with all relevant laws and regulations
• Promptly reporting unauthorized access
• Maintaining records of consent
• Managing opt-outs and suppression lists
• Ensuring lawful use of contact data

Dealerships are fully responsible for all activity under your account, whether such activities are authorized by you or not, and whether undertaken by you, your employees, or a third party (including your contractors, agents, or Authorized Users).

AutoRevolution is not responsible for unauthorized access to your account. You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Services. Additionally, authentication credentials may not be sold, transferred, or sublicensed to any other entity or person, except as expressly permitted in these Terms.

Dealerships must promptly notify our customer support team if you become aware of any actual or potential misuse of your accounts, authentication credentials, or any security incident related to the Services. Your failure to notify us in a timely manner may result in further unauthorized use of your account and increased liability.

When you use our Services, you agree to follow these rules regarding the files, photos, documents, audio, digital works, live streams, and videos that you upload, store, broadcast, or share through the Services ("Your Content"):

• Follow the Terms of Use of partner services and affiliates that you connect to or interact with through AutoRevolution.
• Keep your password confidential.
• Notify us promptly if you become aware of a security breach related to the Services.
• Do not use the Services in any way that harms AutoRevolution or its affiliates, resellers, distributors, and/or vendors, or any customer of an AutoRevolution party.
• Do not damage, disable, overburden, or impair the Services (or the networks connected to the Services) or interfere with anyone’s use and enjoyment of the Services.
• Do not resell or redistribute the Services, or any part of the Services, except as expressly permitted by AutoRevolution in advance and in writing.
• Do not use any portion of the Services as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”).
• Do not publish or make use of any of the Services on any website, media, network, or system other than those provided by AutoRevolution, and/or frame, “deep link,” “page scrape,” mirror, and/or create a browser or border environment around any of the Services or service content, except as expressly permitted by AutoRevolution in advance and in writing.
• Do not send spam. Spam refers to unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
• Do not engage in activity that is false or misleading (e.g., false and/or misleading advertising, phishing, asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affecting rankings, ratings, or comments).
• Do not circumvent any restrictions on access to or availability of the Services.
• We are not responsible for your compliance failures.

5. LICENSE AND INTELLECTUAL PROPERTY

5.1 Ownership

AutoRevolution retains exclusive ownership of:

• Software
• Platform architecture
• Algorithms, templates, CMS and CRM systems

5.2 License Grant

We grant you a:

• Limited
• Non-exclusive
• Non-transferable
• Revocable license

To use the Services solely for your business purposes.

• Documents. You may have access to various documents on the Services, such as white papers, knowledge-base articles, datasheets, and FAQs ("documents"). These documents are provided for informational purposes only. You may not copy, distribute, modify, or create derivative works based on these documents.
• Limitations. The license to use media elements, templates, and documents provided through the Services does not include a license to the design or layout of the Services or any AutoRevolution-owned, operated, licensed, or controlled website. Copying or retransmitting any logo, graphic, sound, or image from the Services is prohibited unless expressly permitted by AutoRevolution. Neither AutoRevolution nor its suppliers guarantee the accuracy or suitability of the media elements, templates, and documents for your purposes. Their inclusion in the Services does not constitute an endorsement by AutoRevolution. Additionally, nothing available through the Services is intended to serve as professional advice, including but not limited to investment, tax, or legal advice.

6. ACCEPTABLE USE

You agree NOT to:

• Violate any laws or regulations
• Send spam or unsolicited communications
• Use Services for fraudulent or deceptive practices
• Interfere with system integrity or security
• Reverse engineer or scrape the platform
• Use Services to store or transmit unlawful content

You represent and warrant that:

7. YOUR CONTENT

Many of our Services allow you to upload, store, or share files, photos, documents, audio, digital works, livestreams, and videos ("Your Content") or receive material from others. We do not claim ownership of Your Content. Your Content remains your property, and you are solely responsible for it.

• Sharing Your Content. When you share Your Content with others, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content.
• Rights to Your Content. You represent and warrant that, for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services, and that the collection, use, and retention of Your Content will not violate any law or the rights of others. AutoRevolution cannot be held responsible for Your Content or the material others upload, store, or share using the Services.

You grant AutoRevolution a worldwide, royalty-free license to:

• Host
• Process
• Retain
• Display
• Transmit

To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve AutoRevolution products and services, you grant AutoRevolution a worldwide, royalty-free intellectual property license to use Your Content. This includes making copies of, retaining, transmitting, reformatting, displaying, and distributing Your Content via communication tools on the Services.

If you publish Your Content in areas of the Services where it is broadly available online without restrictions, Your Content may appear in demonstrations or materials that promote the Service.

You represent that your content:

• Does not violate laws
• Does not infringe third-party rights

8. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Please read the AutoRevolution Privacy Policy, which describes the types of data we collect from you and your devices ("Data") and how we use your Data. By the Terms of Use or using the Services or agreeing to these Terms, you consent to AutoRevolution’s collection, use, sharing, sale, transfer, and/or disclosure of Your Content and Data as described in the Privacy Policy.

You agree:

• You have obtained all required consents for data shared
• You will honor consumer rights requests
• Take action to stop and remediate any unauthorized use of personal information obtained
• You will not provide unlawfully collected data
• Implement reasonable security procedures.

We may process:

• Performance data
• Usage analytics
• Security-related data

9. GDPR / UK GDPR ADDENDUM (INTERNATIONAL USERS)

For users in the EEA or UK:

Legal Bases

We process data under:

• Contractual necessity
• Legitimate interests
• Consent
• Legal obligations

Your Rights

You have rights to:

• Access
• Rectify
• Delete
• Restrict processing
• Data portability
• Object
• Withdraw consent

Contact: support@autorevolution.com

International Transfers

Data is processed in the United States using:

• Standard Contractual Clauses (SCCs)
• Contractual safeguards

10. FEES, BILLING, AND PAYMENTS

This section applies in all situations where you pay AutoRevolution directly for a service. If you pay a company other than AutoRevolution for a service, then the charges and billing terms are as stated by that company. Even if you do not pay for the Services, you may still incur other charges incidental to using the Services, such as charges for phone or Internet access, mobile text messaging, wireless service, and other data transmissions.

• Service Fees.Your use of the Services shall be subject to the fees set forth in the Confirmation of Services. AutoRevolution calculates and bills fees and charges monthly, unless otherwise specified in the Confirmation of Services. Payment is due on the Due Date. AutoRevolution may increase or add new fees and charges for any existing Services you are using by giving you at least 30 days’ prior notice.
• Taxes. You are responsible for any Taxes, and you will pay AutoRevolution for the Services without any reduction for Taxes. If AutoRevolution is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide AutoRevolution with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If you are required by law to withhold any Taxes from your payments to AutoRevolution, you must provide AutoRevolution with an official tax receipt or other appropriate documentation to support such withholding.
• Payment.Payment is due on the stated due date. When you sign up for a service, you will provide a payment method. You confirm that you are authorized to use the payment method and authorize us to charge you for the service using your payment method, as well as for any paid feature of the service for which you choose to sign up or use while these Terms are in effect.
• Renewal. Fees are billed monthly unless otherwise stated. If you authorize us to automatically renew your subscription before its expiration date, we will use the payment method you authorized to process your payment before the expiration of your existing subscription. If you are on a monthly subscription, you must provide written notice at least one month before the end of your subscription to cancel your service.
• Updates to your Billing Account.You must keep all information in your billing account accurate and current, including your billing address and any expiration date for your payment method. You may change your payment method at any time. If you instruct us to stop using your payment method and do not provide an alternative payment method, we will cancel your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
• Trial Period Offers. You may receive a limited time of free service or another trial period offer. When your trial period expires, your account may be closed or downgraded to a feature-limited free version, with no obligation. If your account is closed or downgraded, some of your data may not be available to you, and AutoRevolution may delete that data permanently from our servers.
• Prices and Price Increases. If there is a specific time length and price for your service offer, that price will remain in force for that time. When the offer period ends, we may charge you a new price for that service. We may change the price of the Services without prior notice.
• Service Conversion.You may be able to switch service types within our Services. If you do, you authorize us to charge your payment method for any new service charges. If you switch to a service for which we do not charge a subscription fee or for which we charge a lower fee, we may, but are not required to, refund the unused portion of the service charge for the subscription fee service you previously used or the difference in the amount of the service fees.
• Refunds. All charges and fees are non-refundable unless expressly stated otherwise or otherwise provided by law.
• Billing Statement; Errors. If we make an error on your bill, we will correct it promptly after you notify us and we investigate the charge. You must inform us within 120 days after an error first appears on your bill. If you do not notify us within this time, we will not be required to correct the error, and you release us from all liability and claims of loss resulting from any error that you do not report within 120 days after the error first appears on your statement.
• Partial Payments. Partial payments are acceptable; however, our acceptance of such payments is not to be construed as an acceptable payment arrangement that automatically extends your Service beyond the normal disconnect date. Our acceptance of late or partial payments (even those marked, “PAID IN FULL”) and late fees will not constitute a waiver of any of our rights to collect the full amount due under this Agreement. If you are unable to pay an invoice in full prior to the Due Date, you must contact AutoRevolution before the Due Date.
• Late Payments. Except where prohibited by law, we may assess a late charge if you do not pay on time, regardless of any disputes you may have raised about your bill. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts, and you must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your service if you do not pay in full and on time.

11. SERVICE AVAILABILITY

Services may:

• Change
• Be interrupted
• Be discontinued

The availability of Services, Third-Party Apps, services, materials, or products offered through the Services may vary and can be subject to interruptions. Some Services may be available only for a limited time or may differ depending on your region or device. If your business changes location, certain Services that were available in your previous region may no longer be accessible, and you might need to re-acquire material or applications previously available to you.

While AutoRevolution strives to maintain continuous operation of the Services, occasional disruptions and outages are inevitable in online services. AutoRevolution is not liable for any disruptions or losses you may experience due to these occurrences. During an outage, access to Your Content or Data stored on the Services may be temporarily unavailable.

Force Majeure: AutoRevolution shall not be responsible for delays, nonperformance, damages, lost profits or other losses caused directly or indirectly by any Act of God, including, without limitation, fires, earthquakes, tornadoes or hurricanes, as well as wars, terrorist attacks, labor disputes, communication failures, legal constraints, power outages, data transmission loss, data loss, failure or interception, incorrect data transmission or any other event outside the direct control of AutoRevolution.

We do not guarantee uptime.

12. THIRD-PARTY SERVICES

We are not responsible for:

• Third-party tools
• Integrations
• External platforms

AutoRevolution's Services may provide you with access to, or the ability to acquire, products, services, websites, links, content, material, or applications offered by third parties who are not affiliated with AutoRevolution ("Third-Party Apps and Services"). Some of the Services may even assist you in locating or using these Third-Party Apps and Services. By using AutoRevolution's Services to access Third-Party Apps and Services, you acknowledge that you are directing our Services to connect you with these third-party offerings.

• When using Third-Party Apps and Services, you might be required to accept additional terms of use or review a separate privacy policy before proceeding. These third parties may also provide the ability to store Your Content or Data through their services. It's essential to thoroughly review any additional terms and privacy policies provided by the Third-Party Apps and Services before acquiring or using them, as these terms are separate and do not modify the Terms of Service you have with AutoRevolution.
• You are solely responsible for your interactions and dealings with third parties. AutoRevolution does not provide any warranties, endorsements, or licensing of intellectual property related to Third-Party Apps and Services, nor is it responsible for the information or services provided by these third parties.
• This section highlights that while AutoRevolution's Services may facilitate access to third-party offerings, users must carefully review and agree to any additional terms and privacy policies specific to those third-party services. The responsibility for interactions with these third parties lies entirely with the user, and AutoRevolution is not liable for third-party actions or content.

Your use of third-party services is at your own risk.

13. DATA RETENTION AND DELETION

Upon termination:

• Your data may be permanently deleted
• You are responsible for backups

By AutoRevolution. We reserve the right to change the Services at any time and for any reason without notice. Additionally, we may cancel or suspend your service, or any portion of your service, at any time and for any reason without notice, including if you violate these Terms. If we cancel your service, your right to use the Services will stop immediately. Cancellation of the Services does not change your obligation to pay any charges due on your billing account. If we cancel the Services without cause, we will refund the unused portion of your service charge for that period on a pro rata basis.

By You. If you are on a monthly subscription, you must provide written notice at least one month before the end of your subscription to cancel your service. Otherwise, you may cancel your service at any time for any reason. However, canceling your subscription service before the end of its term does not entitle you to a refund in whole or in part for the remainder of your term. Certain Services may have cancellation charges, and you agree to pay all such charges as specified in the materials describing the offer. Cancellation of the Services by you does not alter your obligation to pay all charges made to your billing account.

We are not liable for data loss.

14. TERM, SUSPENSION, AND TERMINATION

We may suspend or terminate Services if:

• You violate these Terms
• You pose legal or security risk
• You fail to pay

You may cancel:

• With required notice (typically 30 days)
• Without entitlement to refunds unless required by law

Data. Upon termination or cancellation of the Services by either you or us for any reason, AutoRevolution may delete your data permanently from our servers. You are responsible for taking all necessary steps to back up your data and ensure that you maintain your primary means of business. AutoRevolution will not be responsible for any loss of data resulting from the termination or cancellation of the Services.

Temporary Suspension. AutoRevolution may suspend your or any Authorized User’s right to access or use any portion or all of the Services immediately upon notice if we determine:

• Your or an Authorized User’s use of a Service (i) poses a security risk to the Service or any third party, (ii) could adversely impact our systems, the Service or the systems or Content of any other AutoRevolution customer, (iii) could subject AutoRevolution, our affiliates, licensors, or any third party to liability, or (iv) could be fraudulent.
• You are, or any Authorized User is, in breach of this Agreement, (including failing to respond in a timely manner to a compliance or regulatory audit or documentation request).
• You are in breach of your payment obligations under this Agreement.
• You have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

15. DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT

THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, AUTOREVOLUTION AND ITS AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICES, SERVICE CONTENT OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

AutoRevolution shall not be liable for:

• Indirect or consequential damages
• Loss of profits, data, or business

Maximum liability:

• Limited to fees paid in the previous 6 months

AUTOREVOLUTION AND IS AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER AUTOREVOLUTION NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 10, AUTOREVOLUTION AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY AUTOREVOLUTION UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 6 (SIX) MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION 14 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

17. INDEMNIFICATION

You agree to defend and indemnify AutoRevolution against claims arising from:

• Your legal violations
• Dealer non-compliance (TCPA, privacy, ALL Federal, State, and County laws and regulations, etc.)
• Misuse of lead data
• Unauthorized communications

18. DISPUTE RESOLUTION AND ARBITRATION

Binding Arbitration

All disputes will be resolved by binding arbitration in Texas under AAA rules.

Waiver

You waive:

• Jury trial
• Class actions

Exceptions

Claims involving:

• Intellectual property
• Unauthorized use

May be brought in court.

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration taking place in Lewisville, Texas.

Most Subscriber concerns can be resolved by contacting an AutoRevolution representative or AutoRevolution support. If AutoRevolution is unable to resolve your concerns and a dispute remains between Subscriber and AutoRevolution, it will be resolved under the terms of this Section 18.

Arbitration. SUBSCRIBER AND AUTOREVOLUTION AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN THE PARTIES IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT AND ANY THE SERVICE TERMS THEREOF; OR (iii) SUBSCRIBER’S USE OR SUBSCRIBER’S AUTHORIZED USER’S USE OF THE SERVICES, YOUR ACCOUNT OR THE SERVICES. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.

• The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement, both of which are available at http://www.adr.org. The arbitrator is bound by the terms of this Agreement.
• The arbitration costs, including arbitrator compensation, will be split between Subscriber and AutoRevolution according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable. If the arbitrator determines Subscriber’s claims are frivolous or costs are unreasonable as determined by the arbitrator, Subscriber agrees to reimburse AutoRevolution for AutoRevolution’s share of the arbitration costs, including the arbitrator compensation, at the conclusion of the proceeding. The prevailing party shall be entitled to attorney’s fees.

Limitations. This Section does not apply to the following types of claims or disputes, which Subscriber or AutoRevolution may bring in any court with jurisdiction:

• claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief
• claims related to or arising from any alleged unauthorized use, piracy, or theft.

Government Agencies. This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from AutoRevolution for Subscriber.

Waiver of Right to Sue. An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court and provides more limited discovery. It follows different rules than court proceedings and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. SUBSCRIBER UNDERSTANDS THAT SUBSCRIBER AND AUTOREVOLUTION ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

Informal Resolution. Subscriber and AutoRevolution agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If Subscriber and AutoRevolution do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, Subscriber or AutoRevolution may commence arbitration. Written notice to AutoRevolution must be sent as specified above.

19. ACCESSIBILITY

You are responsible for ensuring your websites comply with accessibility laws (e.g., ADA).

The Services provided by AutoRevolution may include public-facing websites with content management functions that allow you and your Authorized Users to modify website content. However, AutoRevolution does not guarantee or ensure that using these Services complies with all accessibility laws and worldwide regulations. It is your responsibility to review your website content and ensure that it adheres to local legislation applicable to your website visitors.

20. CHANGES TO TERMS

We may update these Terms at any time. AutoRevolution reserves the right to modify these Terms at any time. If we make changes, we will provide notice by updating the "Last Updated" date at the top of the Terms and, in some cases, may provide additional notice.

Your continued use of the Services after any changes become effective means you agree to the new Terms.

21. CONTACT INFORMATION

For questions about these Terms or the Services, please contact us at:

Metzger Enterprises LLC dba AutoRevolution
334 East Church Street
Lewisville, TX 75057

• Email:support@autorevolution.com
• Phone: 972-243-8460

By using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.