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AutoRevo Terms and Conditions of Service

These Terms and Conditions (the “Terms and Conditions”) are made by and between the company listed in the signature line (“Dealer”) and AutoRevo, LTD, a Texas Limited Liability Company, located at 1200 Commerce Drive, Suite 100, Plano, TX 75093 (“AutoRevo”), and are effective as of the date that Dealer completes registration on the Account Information Page to use the AutoRevo Services (the “Effective Date”).

These Terms and Conditions amend and restate any and all previous terms and conditions applicable to the AutoRevo Services.

The Terms and Conditions together with AutoRevo’s privacy policy, acceptable use guidelines (“AUP” or “Acceptable Use Policy”), communications policies, and any additional policies, guidelines, or agreements applicable to the AutoRevo Services are, collectively, the “Agreement” between the parties.

1. Definitions.

2. Account; Orders; Updates.

3. Dealer Responsibilities.

4. AutoRevo Responsibilities.

5. Term and Termination.

6. Usage Rights.

7. Payment.

8. Confidentiality.

9. Representations and Warranties.

10. Indemnification.

11 Limitation of Liability.

12 General.

IN WITNESS WHEREOF, the parties hereto have executed and delivered these AutoRevo Terms and Conditions of Service as of the Effective Date.

AutoRevo, LTD Dealer: __________________________
By: ______________________________ By: ______________________________
Name: ____________________________ Name: ____________________________
Its: _____________________________ Its: _____________________________
Date: ____________________________ Date: ____________________________

EXHIBIT A

Acceptable Use Policy

Dealer agrees to not use the AutoRevo Services to do any of the following:

  1. Upload, post, text message, email, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  2. Upload, post, text message, email, transmit or otherwise make available any adult content or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or which violates the Intellectual Property Rights of a third party;

  3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the AutoRevo Service;

  4. Upload, post, text message, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment;

  5. “Stalk” or otherwise harass another; 

  6. Use any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the AutoRevo Services;

  7. Use any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the AutoRevo Services;

  8. Send any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;

  9. Use strings of numbers as it is unlawful to engage two or more lines of a multi-line business;

  10. Harvest or otherwise collect information about others, without their consent;

  11. Mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details at do not belong to Dealer;

  12. Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;

  13. Transmit any material that may infringe upon the Intellectual Property Rights of third parties including trademarks, copyrights or other rights of publicity;

  14. Transmit any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or other harmful/deleterious programs;

  15. Interfere with, or disrupt, networks connected to the AutoRevo Services or violating the regulations, policies or procedures of such networks;

  16. Attempt to gain unauthorized access to the AutoRevo Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;

  17. Interfere with another’s use and enjoyment of the AutoRevo Services or AutoRevo sites; or
  18. Engage in any other activity that AutoRevo believes could subject it to criminal liability or civil penalty/judgment.

Communications and Texting Requirements

AutoRevo is committed to complying with the Telecommunications Consumer Protection Act (TCPA) and similar acts and laws, and requires all Dealers to do the same when communicating with consumers. Accordingly, Dealer will strictly adhere to the following policies and requirements when using the AutoRevo Services:

  1. “Consumer Best Practices Guidelines” means the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association.
  2. “CTIA Messaging Principles” means (a) the CTIA Messaging Principles and Best Practices, dated as of July 2019, as amended, supplemented and/or superseded from time to time by the CTIA The Wireless Association; or (b) to the extent applicable, CTIA Short Code Monitoring Handbook, dated as of March 2017, as amended, supplemented and/or superseded from time to time by the CTIA The Wireless Association; or (c) any other similar documents or guidelines promulgated from time to time by the CTIA The Wireless Association.
  3. “Messaging Policies” means the messaging policies and guidelines applicable to the AutoRevo Services, as such policies and guidelines are made available in writing by AutoRevo.
  4. Dealer’s use of messaging must comply with the Messaging Policies, all applicable CTIA Messaging Principles, the Consumer Best Practices Guidelines, and all applicable laws including, without limitation, the TCPA. Dealer will be solely responsible for the evaluation and qualification of Dealer’s actual and prospective recipients and customers to ensure it follows the Messaging Policies, applicable CTIA Messaging Principles and the Consumer Best Practices Guidelines, and TCPA requirements. Unless otherwise expressly stated by AutoRevo in writing, all communications and texting tools and services are intended to be used solely for one-to-one communications with consumers who have previously expressed an interest in a Dealer listing, and they are not to be used for mass marketing or opt-out communications.
  5. Any message that does not comply with the Messaging Policies, CTIA Messaging Principles, the Consumer Best Practices Guidelines, TCPA, and other applicable laws or regulations constitutes a violation of the Agreement. If there is any conflict among the Messaging Policies, CTIA Messaging Principles, the Consumer Best Practices Guidelines, and applicable law or regulation, the following order of precedence will apply: (a) applicable law and regulation will control over (b) the Messaging Policies, which will control over (c) the CTIA Messaging Principles, which will control over (d) the Consumer Best Practices Guidelines.
  6. Dealer acknowledges that it is responsible for obtaining, reviewing, and complying with the Messaging Policies, CTIA Messaging Principles, the Consumer Best Practices Guidelines, TCPA, and other applicable laws and regulations, and AutoRevo expressly disclaims all responsibility and liability for any failure by Dealer to comply with Dealer’s legal obligations. AutoRevo does not provide legal advice regarding the interpretation of any law or regulation, and Dealer is solely responsible for seeking the advice of legal counsel prior to engaging in any messaging or other communications governed by the TCPA or similar laws. Dealer must ensure that any third party Dealer engages to provide assistance related to marketing or communications through the AutoRevo Services must comply with the terms of the AUP, including the Communications and Texting Requirements.