CARACOOM LLC will provide Dealer with consumer leads - individual consumers interested in purchasing a new or used automobile via Caracoom.com web service.
By accepting CARACOOM services Dealer represents that it is a licensed dealer for each state listed in its profile.
Dealer will be presented with leads by Caracoom and may accept or reject each lead at its own discretion. Information on each leads will be delivered only by electronic means - via email and / or Caracoom.com portal and/or data feed directly into Dealer’s computer systems.
4. Dealer Responsibilities
Dealer agrees to conduct all business with Consumers in a responsible, courteous, and professional manner and to honor prices and other conditions provided by Dealer in its offer to Consumer on Caracoom web site.
Dealer represents, warrants and covenants that in using the Services and in engaging in the offer and sale of products and services to Consumers, Dealer
(a) will comply with all applicable laws, rules and regulations, including but not limited to advertising, privacy, and disclosure laws,
(b) will not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party,
(c) will not breach any duty toward or infringe any rights of any person or entity including copyright, patent, trademark or other intellectual property rights or rights of publicity or privacy.
This Agreement will renew on a month-to-month basis thereafter unless Dealer provides 30 days prior written notice of non-renewal.
Payment for the leads are waived for the trial period. By the end of the trial period additional contract will be singed with payment details.
8. Limitations of Liability
THE SERVICES PROVIDED BY CARACOOM LLC HEREUNDER, INCLUDING REFERRALS, ARE PROVIDED “AS IS” AND CARACOOM MAKES NO WARRANTY,
EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICES OR REFERRALS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
TITLE OR FITNESS FOR A PARTICULAR PURPOSE. CARACOOM’S LIABILITY HEREUNDER, IF ANY, SHALL NOT EXCEED,
IN THE AGGREGATE, AN AMOUNT EQUAL TO THE MONTHLY SERVICE FEE PAID BY DEALER FOR THE MONTH IN WHICH THE DEFECT OR BREACH OCCURRED.