By accessing, browsing, logging in or using this Site, you acknowledge that you have read, understood and have agreed to adhere and be bound by these Terms. COINdata LLC expressly reserves the right, at any time and with or without notice, to modify, amend or change, at any time and in its sole discretion, any of these Terms or any services, information, data or functionality of, on or available through this Site.
Any and all modifications, amendments or changes will be effective immediately upon their taking effect on this Site, and you are advised to re-visit and re-read these Terms regularly. Your continued use of this Site shall be your agreement and consent to any modifications, amendments or changes to these Terms. If you do not agree to these Terms, then please do not use this Site and you must exit it now.
Unauthorized use of the Site including, but not limited to, unauthorized entry into the Site, misuse of passwords, or misuse of any information within the Site is strictly prohibited.
Electronic Communications - In using this Site or the services available on or through this Site, and by sending emails or processing information on or through this Site, you are communicating with COIN Data electronically. You consent to receive communications from us electronically, by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright and Trademarks - All content and information available on or through this Site, such as text, graphics, logos, icons, images, scripts, audio clips, digital downloads, data compilations, compilation of content and software, are the property of COINdata LLC or its licensors, and is protected by copyright, trademark and other intellectual property laws in the United States and internationally. COIN Data, LLC, AutoPen, DataCop, docuPAD and other terms are the registered trademarks of COINdata LLC, or its subsidiaries or affiliates. COINdata LLC’s trademarks, service marks, logos and other content or information available on or through this Site may not be used in any manner or purpose. Users may not use the trademarks, logos, service marks or content for any purpose without the prior written permission of COINdata LLC. All other trademarks, service marks and logos not owned by COINdata LLC or its subsidiaries or affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with or connected to COINdata LLC.
Software and Other Intellectual Property – All software, code, and similar intellectual property used on or with this Site, or provided through this Site, including but not limited to any modifications, upgrades, derivative works, copies, updates, compilations and the like of such intellectual property, including all intellectual property rights thereto, in the United States and internationally, are the sole and exclusive property of COINdata LLC. The Intellectual Property rights of COINdata LLC include all trade secrets, copyrights, trade and service marks, patents or patents pending, and other proprietary rights. All rights are reserved. All Intellectual Property not owned by COINdata LLC or its subsidiaries or affiliates are the sole and exclusive property of their respective owners.
You are prohibited from copying, reproducing, distributing, modifying, reverse engineering, decompiling or otherwise using any of the Software or other Intellectual Property available on or through this Site, or which Software or other Intellectual Property is used to present this Site or process any information or data, for any reason or purpose. You are granted a non-exclusive, limited license to copy and preserve your account information and information you are authorized to process through this Site. You may not use or disclose any information on or through this site which you are not specifically authorized in writing by COINdata LLC to use, nor may you make use of any data mining, robots or similar data gathering or extraction tools.
You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, content, page layout or form) without express written permission. Any unauthorized use terminates the permission or limited license granted by COINdata LLC. You are responsible for maintaining the confidentiality of your account and password and other login information and for restricting access to your computer or computer systems, and you agree to accept responsibility for all activities that occur under your account or password. Software may be available for downloading from the COINdata LLC web site.
You expressly agree and affirm that any software you may download from this site is governed by the licensing terms accompanying the software, or if no license terms accompany the software, the licensing terms contained in your agreement with COINdata LLC authorizing you to access and download such software, or the license agreement which accompanied the original product licensed by you which you are updating.
Confidential and Proprietary Information - All Confidential and Proprietary Information (the “Confidential Information”) shall mean the nonpublic and/or proprietary information of or revealed by COINdata LLC including but not limited to any and all financial, business, scientific, technical, economic or other data or information of COINdata LLC, and including without limitation, the applications provided through this Site. You agree to keep all Confidential Information acquired from COINdata LLC, whether in connection with your use of this Site or otherwise, confidential. You shall not use the Confidential Information except as expressly provided herein, and you shall not disclose the Confidential Information without the express prior written permission of COINdata LLC. All Confidential Information shall remain the sole and exclusive property of COINdata LLC. You shall make no claims of any rights whatsoever in or to said Confidential Information. All Confidential Information of COINdata LLC shall be returned or destroyed by you upon COINdata LLC’s request, the termination of the Terms or upon termination of your rights to use this Site.
Restricted Access - Certain portions of this Site are reserved only to authorized users who have entered into appropriate written agreements with COINdata LLC or its authorized partners. Such access is restricted to COINdata LLC and said authorized users via login and confidential passwords, and other controls. You may not use any portions of this Site or any functions for which you are not specifically authorized by COINdata LLC. You may only use and access this Site if you are an authorized user with permitted access, and only for the purposes specifically allowed, permitted or authorized, and you may not use, misuse, attempt to access or other use the data or information of any other entity. Unauthorized use of this Site, including but not limited to unauthorized entry into such restricted portions of this Site, misuse of access codes or passwords, or misuse or disclosure of any data or information within this Site is strictly prohibited. Access to this Site with codes or passwords you are not authorized to have or use is a violation of the Terms of this Site. Your login and password information you must keep secure, private and confidential at all times, and you are solely responsible for the security of such access controls. If you suspect or believe that your password, codes, or other login information has been comprised or misused, you must notify COINdata LLC immediately.
Third Party Information - COINdata LLC provides technology, hardware, software, systems and services to the automobile dealership market and entities providing financing or other services to that market. COINdata LLC assumes no responsibility for any services provided by third parties through this Site, is not a source of financing, and does not review, approve or deny credit, nor does it retrieve records of any person from any credit reporting agency or bureau. COINdata LLC makes no representations, warranties, recommendations, endorsements or approvals with regard to any such third party information or service. Any retention of any credit information by COINdata LLC is only pursuant to a specific written records retention agreement between COINdata LLC and the authorized owner or supplier of said information.
Web Linking – COINdata LLC may provide hyperlinks to third party web sites maintained by such third parties. Any such links are provided for convenience and for information only. The content in any linked web site is not under the control of COINdata LLC and any access you make to such third party sites via hyperlinks is entirely at your own risk. COINdata LLC does not endorse, authorize or sponsor any such third party site or its contents, and the hyperlinks to such third party sites does not imply or mean that any such third party or their site is in any manner affiliated with or under the control of COINdata LLC.
Representations of Users of This Site Regarding Use of Credit Information - You represent and warrant that, if you process or supply any information or data, including but not limited to credit applications, inquiries, information and other Non-Public Personal Information of your customers or prospects, to or through this Site that you are specifically authorized to have, use and process that information, and that at all times you are in compliance with applicable federal, state or other laws and regulations regarding the use and disclosure of any such information or data, including but not limited to the Fair Credit Reporting Act, the Truth in Lending Act, the Federal Consumer Leasing Act, the Equal Credit Opportunity Act, The Fair and Accurate Credit Transactions Act of 2003, and the Title V of the Gramm-Leach-Bliley Act, and any all state and local laws and regulations concerning the use and control of credit or Non-Public Personal Information.
You may not show or disclose such information from or on this Site to any unauthorized person or entity, nor use any such information for any purposes other than as specifically permitted by law and authorized. You agree that you will not use or disclose to any other party any nonpublic personal information which you receive or process in connection with the Terms or through this Site, except as expressly permitted in the Terms or by applicable law. You also represent that your computer system is free of viruses, Trojan horses, spy ware or other systems, code or software designed to disable or interfere with this Site, or designed to illicitly obtain private, proprietary or other information or data from this Site.
Disclaimer of Warranties and Limitation of Liability - THIS SITE AND ANY AND ALL APPLICATIONS, INFORMATION, DATA OR SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COINdata LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, COINdata LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR PERFORMANCE. YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES, INFORMATION OR PRODUCTS.
COINdata LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM COINdata LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COINdata LLC DOES NOT WARRANT THAT THE FUNCTIONS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN OR ON THIS SITE WILL BE CORRECTED. ADDITIONALLY, COINdata LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THIS SITE OR RESULTS OF THE USE OF THIS SITE, SPECIFIC SERVICES OR APPLICATIONS PROVIDED THROUGH THIS SITE, OR ANY DATA OR INFORMATION ON THIS SITE, INCLUDING BUT NOT LIMITED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, LEGAL COMPLIANCE OR OTHER. YOU AGREE AND DO ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THIS INFORMATION AND THESE DATA. UNDER NO CIRCUMSTANCES WILL COINdata LLC BE LIABLE IN ANY WAY FOR ANY INFORMATION OR DATA, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION OR DATA, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION OR DATA MADE AVAIILABLE ON OR THROUGH, OR PROCESSED THROUGH THIS SITE. COINdata LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Indemnity - You agree to indemnify, defend and hold harmless COINdata LLC, its subsidiaries, affiliates, officers, directors, agents, partners and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of content, data or information you provide to or through, or transmit to or through, this Site, your connection to this Site, your use, misuse or disclosure of any content, data or information on or available, or processed to or through this Site, your negligence, misconduct or omissions, or your violation of any Terms or any rights of any person as a result of your use of this Site. This provision shall survive your ending of use of the services of or access to this Site and the expiration or termination of the Terms and any agreement between you and COINdata LLC, if any.
Applicable Law - By your use of this Site you agree that the laws of the State of Georgia as they are applied to contracts and agreements entered into and to be performed solely and entirely in the State of Georgia, without regard to principles of conflict of laws, will govern these Terms, which shall be construed and enforced in accordance with the laws of the State of Georgia. You also agree that any legal action or dispute initiated by you, a third party or COINdata LLC concerning any dispute of any sort relative to these Terms and your use of this Site shall be subject only to the state or federal courts located in Fulton or Gwinnett Counties, Georgia, or the U.S. District Court for the Northern District of Georgia and you affirmatively and expressly waive any challenge to either the jurisdiction or the venue of such courts.