TERMS OF USE
This is a Reahard & Associates, Inc., User Agreement (the “Agreement”). *THIS USER AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN YOU, THE USER, AND REAHARD & ASSOCIATES, INC. THE TERMS OF THIS AGREEMENT GOVERN YOUR ACCESS TO ALL ACHIEVING F&I EXCELLENCE ONLINE!™ TRAINING MODULES. PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS WITHIN THIS AGREEMENT. BY CLICKING ON THE “I have read and agree with Reahard & Associates, Inc.’s Terms of Use” CHECKBOX, YOU ARE ACCEPTING THE TERMS AND CONDITIONS AS STATED WITHIN THIS AGREEMENT. CLICKING THE “I have read and agree with Reahard & Associates, Inc.’s Terms of Use.” CHECKBOX IS THE SAME AS SIGNING A HARDCOPY CONTRACT. *Since this is a binding legal agreement between YOU and Reahard & Associates, Inc., you are advised to print a copy of this Agreement and retain for your records.
1. PRODUCT/SERVICES
Reahard & Associates, Inc., will provide User (YOU) with online training modules, subject to the terms and conditions of the Dealer/Agent Training Services Agreement. You acknowledge that the Achieving F&I Excellence Online!™ training modules may be offered in various levels of accessibility, different packages and prices, and you will only receive the modules(s) and access for which your dealership/agent/company is paying the associated fees. Reahard & Associates, Inc., reserves the right to add, delete, modify, enhance, restrict access to, or supplement the online training modules at any time in its sole discretion.
2. REGISTRATION PROCESS
Each User will be assigned a unique login and password to be used to access the training modules in Achieving F&I Excellence Online!™ To receive any training module, you must submit or maintain on file with Reahard & Associates, Inc. certain registration data, as requested by Reahard & Associates, Inc. Such registration data may include, but not be limited to, your name, address, dealership name, your email address, phone number, cell phone number, website URLs, credit card number, and other billing information. Reahard & Associates, Inc., reserves the right, in its sole discretion, to refuse any registration or User activation request for any reason or no reason, and shall not be obligated to provide User access to any training module unless and until it has received payment in full for the applicable fee. Reahard & Associates, Inc. use of your registration information is governed by Reahard & Associates, Inc., privacy policy.
3. YOUR PROMISES AND OBLIGATIONS
AS A CONDITION OF RECEIVING ANY PRODUCTS/SERVICES, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING:
a. All of the registration information you supply to Reahard & Associates, Inc., is true, complete, and accurate, and you will notify Reahard & Associates, Inc., of any changes to your registration data during the term of this Agreement and submit updated information within thirty (30) days of any such changes;
b. You will safeguard your user name and password by not disclosing your password to any third party, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account with your user name and password;
c. All training information and materials contained in Achieving F&I Excellence Online!™ training modules are provided for your personal use only. You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your user name or password, or any materials provided to you in connection with Achieving F&I Excellence Online!™ training module, to any person or party without Reahard & Associates, Inc.’s, prior written consent;
d. You will treat any and all personal and consumer information gathered from you or other Users transmitted to you in accordance with the Reahard & Associates, Inc., Privacy Policy;
e. You are of legal age and have full power and authority to enter into this Agreement and to perform your obligations hereunder.
f. You will comply with all federal laws and regulations governing your actions under this Agreement; and
g. Your acceptance of the “Terms of Use” strictly prohibits you from, but not limited to, copying, reproducing, duplicating, imitating, competing, or selling any services or training similar to Achieving F&I Excellence Online!™ You agree not to disclose any confidential information or duplicate any sales process or training techniques or provide those techniques to another party, company or competitor of Reahard & Associates, Inc.
h. You agree to pay any damages caused by breach of any part of this agreement. By using any Username and Password, you agree to never use the information contained in any training module to compete with Achieving F&I Excellence Online!™ in any forum or affiliation.
Without limiting its other remedies, Reahard & Associates, Inc., may cancel your User access at any time for any violation of the foregoing promises.
4. DURATION AND CANCELLATION OF SERVICES
Unless stated otherwise in the Dealer/Agent Training Services Agreement, User access to Achieving F&I Excellence Online!™ training modules will be provided on a monthly basis. At any time after activation of Achieving F&I Excellence Online!™, the dealer/agent or Reahard & Associates, Inc., may cancel service by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. Reahard & Associates, Inc., also reserves the right to cancel any individual User and/or dealer/agent’s access immediately and without notice in the event that you or another User breach any provision of this Agreement or the Dealer/Agent Training Services Agreement.
5. OWNERSHIP RIGHTS
You agree and understand that all training material content, graphic designs, icons, Tags, HTML code, computer programming, and other elements incorporated into Achieving F&I Excellence Online!™ are the exclusive property of Reahard & Associates, Inc. In addition, you acknowledge that Reahard & Associates, Inc., owns all right, title, and interest in and to Reahard & Associates, Inc., trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of Achieving F&I Excellence Online!™. Your rights to the training materials are strictly limited to the rights expressly granted in this Agreement.
6. DISCLAIMER OF WARRANTY
Reahard & Associates, Inc., makes no guarantees of any kind regarding the use of, or the results to be derived from, the information contained in any Achieving F&I Excellence Online!™ training module in terms of legality, dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Achieving F&I Excellence Online!™ training modules and all related materials are provided “AS IS” without warranty of any kind. Reahard & Associates, Inc., HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, INFORMATION AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Reahard & Associates, Inc., DOES NOT WARRANT THAT THE OPERATION OF ACHIEVING F&I EXCELLENCE ONLINE!™ WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL REAHARD & ASSOCIATES, INC., BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT REAHARD & ASSOCIATES, INC., IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, IN NO EVENT WILL Reahard & Associates, Inc.’s, TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY Reahard & Associates, Inc., FROM THE DEALER/AGENT UNDER THIS AGREEMENT. Without limiting the foregoing, Reahard & Associates, Inc. is not responsible for any of your data residing on Reahard & Associates, Inc., hardware. You are responsible for backing-up your data and information that may reside on the Reahard & Associates, Inc., hardware, whether or not such information is produced through the use of the Product/Service.
8. INDEMNIFICATION
You agree to indemnify, hold harmless, and (at Reahard & Associates, Inc., request) defend Reahard & Associates, Inc., and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorneys’ fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you provide to Reahard & Associates, Inc., or (c) your making available to any third party any information that should not be disclosed to a third party, including your user name, password, or the content of any online training module. This obligation shall survive any termination of your relationship with Reahard & Associates, Inc.
9. SOLE AND EXCLUSIVE REMEDY
If you or your Dealer/Agent are dissatisfied with any portion of Achieving F&I Excellence Online!™, your sole and exclusive remedy is to cancel your subscription according to the Dealer/Agent Training Services Agreement.
This User Licensing Agreement, along with the Dealer/Agent Training Services Agreement, constitutes the entire agreement between you, your dealership/agent and Reahard & Associates, Inc., with respect to Achieving F&I Excellence Online!™ training program. This Agreement will govern your use of the online training modules. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force.
You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your User account is part of the Reahard & Associates, Inc. client database, and, consequently, you will receive periodic announcements and information regarding Reahard & Associates, Inc., services via email.
10. PUBLICITY
Reahard & Associates, Inc., may include your name, dealership and Training Evaluation Comments on its marketing materials and press releases.
11. APPLICABLE LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. The parties irrevocably consent to the personal jurisdiction of the State of Tennessee and agree that the sole venue for any court action filed in connection with, related to, or arising out of this Agreement or its subject matter shall be in the Chancery Court of Hamilton County, Tennessee.
12. WAIVER OF JURY TRIAL
THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHT TO A TRIAL BY JURY OF ALL ISSUES FILED IN CONNECTION WITH, RELATED TO, OR ARISING OUT OF THIS AGREEMENT OR ITS SUBJECT MATTER.
If you have any questions about this User Licensing Agreement or Achieving F&I Excellence Online!™, please contact Reahard & Associates, Inc. at office@go-reahard.com.