AutoFunds Dealer Terms of Use v2.0
Originally Effective: Jan 1, 2006
Current Version Effective: Sep 30, 2025
IMPORTANT — PLEASE READ CAREFULLY BEFORE USING THE
SERVICE.
These Terms of Use (“Agreement” or “Terms”) constitute a legally
binding agreement between you and Integex Solutions Inc., a New York
corporation doing business as “AutoFunds” (“AutoFunds,” “we,” “us,” or
“our”). By clicking “I Agree,” creating an account, or accessing or
using the AutoFunds platform, you acknowledge that you have read,
understood, and agree to be bound by this Agreement in its entirety.
If you are accepting this Agreement on behalf of a business entity,
you represent and warrant that you have the legal authority to bind that
entity to these Terms. Your acceptance binds the entity, all of its
authorized users, and you individually.
If you do not agree to these Terms, do not access or use the
Service.
Section 1 — Definitions and Interpretation
For purposes of this Agreement, the following terms shall have the
meanings set forth below:
“Account” means the user profile created and
maintained by or for you to access and use the Service, including all
credentials, configurations, and associated data.
“Affiliate” means any entity that controls, is
controlled by, or is under common control with Integex Solutions Inc.,
where “control” means the direct or indirect ownership of more than
fifty percent (50%) of the voting interests of the entity.
“Authorized User” means any individual whom you have
authorized to access the Service under your Account. You are fully
responsible for all acts and omissions of your Authorized Users.
“Confidential Information” means non-public
business, financial, or technical information disclosed by either party
that is designated as confidential or that should reasonably be
understood to be confidential given the nature of the information and
the circumstances of disclosure, including without limitation business
methods, product roadmaps, pricing, platform features, software code,
algorithms, documentation, designs, trade secrets, integration details,
and customer or partner information.
“Consumer” means any individual whose personal
information is collected, processed, or stored through the Service in
connection with a vehicle purchase, financing, trade-in, or other
dealership transaction.
“Consumer Data” means any information relating to a
Consumer that is collected, submitted, transmitted, or stored through
the Service, including personal information, financial data, credit
information, and transaction records.
“Controller” means the party that determines the
purposes and means of processing personal information. With respect to
Consumer Data, the Dealer is the Controller.
“Dealer” means a licensed automobile dealership that
subscribes to the Service and whose authorized representative has
accepted this Agreement.
“Derived Data” means data that has been
de-identified and aggregated such that it does not identify any
individual, Dealer, or Consumer, and which is derived from User Content
or usage of the Service.
“Nonpublic Personal Information” or “NPI” means
personally identifiable financial information as defined under the
Gramm-Leach-Bliley Act (15 U.S.C. § 6809(4)) and its implementing
regulations, including information provided by a Consumer on a credit
application, information about a Consumer resulting from a transaction,
and any list or description derived from such information.
“Personal Information” means information that
identifies, relates to, describes, is reasonably capable of being
associated with, or could reasonably be linked, directly or indirectly,
with a particular individual or household, as defined under applicable
state privacy laws.
“Processor” means the party that processes personal
information on behalf of the Controller. With respect to Consumer Data,
AutoFunds acts as a Processor.
“Service” means the AutoFunds software-as-a-service
platform, including all web applications, mobile applications, APIs,
websites, tools, integrations, data access layers, content,
documentation, and support services made available to you by AutoFunds,
including any updates, upgrades, or modifications thereto.
“Sub-processor” means any third party engaged by
AutoFunds to process Consumer Data on behalf of the Dealer in connection
with the Service.
“Third-Party Service” means any website, platform,
software, integration, application, or vendor system that is not owned
or controlled by AutoFunds but that is made available through or
connected to the Service.
“User Content” means any text, data, files, records,
vehicle information, communications, or other materials uploaded,
posted, transmitted, or submitted to the Service by you or your
Authorized Users.
Section 2 — Acceptance, Eligibility, and Account
Creation
2.1 Clickwrap Acceptance
By clicking “I Agree” or any similar affirmative button presented at
login or registration, you expressly agree to be legally bound by this
Agreement, the AutoFunds Privacy Policy (available at
www.autofunds.com/privacy-policy), and any supplemental terms presented
when activating specific features or integrations.
AutoFunds records and retains evidence of your acceptance, including
the date, time, user identity, IP address, and version of the Agreement
accepted. This record constitutes conclusive evidence of your
agreement.
2.2 Entity Binding
If you are the first Authorized User to accept this Agreement on
behalf of a Dealer or business entity, your acceptance binds the entity
and all of its current and future Authorized Users. The Dealer is
responsible for ensuring that all Authorized Users are aware of and
comply with this Agreement.
2.3 Eligibility
You may use the Service only if you: (a) are at least eighteen (18)
years of age or the age of majority in your jurisdiction; (b) are a duly
authorized representative of a licensed automobile dealership, lender,
vendor, or business user in the United States or its territories; (c)
are not a person barred from receiving services under applicable U.S.
laws; and (d) are capable of entering into legally binding contracts
under applicable law.
2.4 Account Registration and Security
To access the Service, you must register for an Account and provide
true, complete, and current information. You agree to maintain and
promptly update your Account data. You are responsible for maintaining
the confidentiality of your login credentials and are fully responsible
for all activities that occur under your Account.
Each login credential is issued to a specific individual. Sharing,
reassigning, or transferring credentials is strictly prohibited and may
result in immediate suspension or termination. You must notify AutoFunds
immediately at support@autofunds.com if you suspect unauthorized use of
your Account.
2.5 Continued Acceptance
AutoFunds may update this Agreement from time to time. We will notify
you of material changes through the platform interface, email, or other
reasonable means. Your continued use of the Service after the effective
date of any update constitutes your acceptance of the revised Terms. If
you do not agree to the updated Terms, you must discontinue use of the
Service.
Section 3 — Scope of Service and License Grant
3.1 License Grant
Subject to your compliance with this Agreement, AutoFunds grants you
a non-exclusive, non-transferable, revocable, limited license to access
and use the Service solely for your internal business operations as a
licensed automobile dealer, lender, or authorized service provider
operating in the United States or its territories. This license includes
the right to download, print, and use system-generated forms, documents,
and reports produced through the Service for use in connection with your
legitimate business transactions with consumers, lenders, and
vendors.
3.2 Description of Service
The Service is a software-as-a-service (SaaS) platform that enables
automobile dealerships and affiliated businesses to manage operational,
sales, financing, compliance, and customer data through a centralized
web-based and mobile platform. The Service may include, without
limitation: dealership management tools, credit application submission
workflows, inventory and vehicle valuation tools, integrations with
financing sources and data providers, document management and
generation, analytics and reporting, customer relationship management,
communication tools, and dealer website hosting.
3.3 Modifications to Service
AutoFunds reserves the right to modify, enhance, update, or
discontinue any feature or functionality of the Service at its
discretion. We will use commercially reasonable efforts to provide
advance notice of material changes that may significantly impact your
use of the Service.
3.4 Geographic Limitations
The Service is intended for use by businesses whose principal
operations are located within the United States and its territories.
AutoFunds makes no representations that the Service is appropriate or
available for use outside of these regions.
3.5 Restrictions
Use of the Service for personal, consumer, or non-business purposes
is prohibited. You may not resell, lease, sublicense, or provide access
to the Service to any third party without AutoFunds’ prior written
consent.
3.6 Electronic Signature and Electronic Records
The Service does not currently include electronic signature
functionality. If AutoFunds introduces electronic signature or
electronic record features in the future, use of such features will be
subject to supplemental terms presented at the time of activation. Any
electronic signature or electronic record functionality will be designed
to comply with the Electronic Signatures in Global and National Commerce
Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state
electronic transactions laws, including the Uniform Electronic
Transactions Act (UETA) as adopted in your jurisdiction. You will be
responsible for obtaining all required consumer consents for the use of
electronic records and electronic signatures in accordance with
applicable law.
3.7 Mobile Application
If you or your Authorized Users access the Service through AutoFunds’
mobile application, the following additional terms apply: (a) you will
ensure that all devices used to access the Service are protected by
device-level security, including passcode, biometric lock, or equivalent
access control; (b) you will notify AutoFunds immediately at
support@autofunds.com if any device with access to the Service is lost,
stolen, or compromised, so that AutoFunds may initiate remote session
termination; (c) you acknowledge that the mobile application may cache
limited data on the device to support offline functionality, and you are
responsible for ensuring that cached data is not accessible to
unauthorized individuals; (d) you will not disable, circumvent, or
modify any security features of the mobile application, including
encryption, session timeout, or authentication requirements; and (e) you
acknowledge that push notifications from the Service are designed to
avoid displaying Consumer personal information on device lock screens,
and you will not configure device settings in a manner that overrides
this protection.
Section 4 — Acceptable Use Policy
4.1 General Prohibited Conduct
You agree not to: (a) access or attempt to access any system, data,
or account not intended for your use; (b) interfere with, disrupt, or
degrade the performance or security of the Service; (c) use any
automated device, software, script, or process to scrape, crawl, or
extract data from the Service without written authorization; (d) reverse
engineer, decompile, disassemble, or otherwise attempt to derive source
code from the platform; (e) circumvent user authentication, data access
controls, or security mechanisms; (f) transmit viruses, malware, or any
harmful code through the Service; (g) use the Service to send
unsolicited commercial communications in violation of applicable law; or
(h) show or display system screens, pricing tools, or internal data to
consumers or any third party not authorized under this Agreement.
4.2 Regulated Feature Requirements
Certain features of the Service involve regulated activities. When
using these features, you agree to the following requirements:
4.2.1 Credit Bureau Access and Consumer Reports
You will access consumer credit reports only for permissible purposes
as defined under the Fair Credit Reporting Act (15 U.S.C. § 1681 et
seq.). You will obtain all required consumer authorizations before
initiating any credit inquiry. You will accurately distinguish between
soft inquiries (pre-qualification) and hard inquiries (credit
applications) when communicating with consumers. You will execute and
maintain all agreements required by credit bureaus and integrated data
providers (including 700Credit, DealerTrack, and RouteOne, as
applicable). Unauthorized access to consumer credit data constitutes a
material breach of this Agreement and may be reported to the applicable
credit bureau and law enforcement.
If a credit application submitted through the Service results in
adverse action (denial, less favorable terms, or conditional approval),
you are solely responsible for providing the consumer with an adverse
action notice in compliance with FCRA § 1681m and ECOA Regulation B §
1002.9, including the name of the credit bureau, the consumer’s right to
a free copy of their report, and the right to dispute inaccuracies.
4.2.2 OFAC Screening
You will not bypass, skip, or circumvent the OFAC Specially
Designated Nationals (SDN) screening functionality provided through the
Service. You acknowledge that OFAC compliance is a strict liability
obligation and that failure to screen customers may result in severe
civil and criminal penalties imposed by the U.S. Department of the
Treasury.
4.2.3 Communications and Messaging
When using the Service’s communication features (SMS, MMS, email,
live chat, AI chatbot), you will: (a) obtain and document all legally
required consents before sending communications to consumers, including
express written consent where required by the Telephone Consumer
Protection Act (47 U.S.C. § 227); (b) honor opt-out and consent
revocation requests within ten (10) business days of receipt, regardless
of the method by which the consumer communicates the revocation; (c)
maintain accurate and current consent records; (d) comply with all
applicable federal and state do-not-call regulations; and (e) not use
the Service to send communications that are deceptive, misleading, or in
violation of applicable law.
4.2.4 AI-Powered Features
You acknowledge that AI-powered features provided through the Service
(including chatbots and automated responses) generate informational
content only. You will not represent AI-generated outputs as binding
commitments, guaranteed terms, or final offers to consumers. You will
review AI-generated content before using it in consumer-facing
communications where accuracy is material. Additional terms governing AI
features are set forth in Section 10.
AI-powered features, including chatbots, may reference and
communicate information derived from data maintained in your Account,
including inventory details, pricing, business hours, and other
dealer-entered content. You are solely responsible for ensuring that all
information maintained in your Account is accurate, current, and
complete. AutoFunds is not liable for AI outputs that reflect
inaccurate, outdated, or incomplete data entered or maintained by you or
your Authorized Users.
4.3 Data Handling Obligations
You will not access, view, modify, or export data belonging to
another Dealer, lender, or third party unless expressly authorized. You
will not use Consumer Data for any purpose other than the legitimate
business purpose for which it was collected. You will implement
commercially reasonable safeguards to protect data in your possession or
control from unauthorized access, use, or disclosure.
4.4 Consequences of Violation
AutoFunds may, in its sole discretion, suspend or terminate your
access to the Service, disable specific features, or report violations
to applicable regulatory authorities or law enforcement if you violate
any provision of this Acceptable Use Policy. Violations of this Section
4 constitute a material breach of this Agreement.
Section 5 — Dealer Compliance Obligations
5.1 Licensing and Authorization
You represent and warrant that: (a) you are a duly licensed
automobile dealer or authorized entity legally permitted to sell, lease,
finance, or advertise vehicles in your applicable state(s) or
jurisdiction(s); (b) all business activities conducted through the
Service are lawful and appropriately credentialed; and (c) you will
maintain all required licenses, permits, and insurance throughout your
use of the Service. You must notify AutoFunds immediately of any license
suspension, revocation, or disciplinary action by a governmental
authority.
5.2 Regulatory Compliance
You are solely responsible for ensuring that your use of the Service
complies with all applicable federal, state, and local laws, including
without limitation: the Fair Credit Reporting Act (FCRA); the Equal
Credit Opportunity Act (ECOA) and Regulation B; the Truth in Lending Act
(TILA) and Regulation Z; the Gramm-Leach-Bliley Act (GLBA) and the FTC
Safeguards Rule; the Telephone Consumer Protection Act (TCPA) and FCC
implementing rules; the CAN-SPAM Act (15 U.S.C. § 7701 et seq.); the FTC
Act (Section 5, prohibition on unfair or deceptive acts or practices);
the Office of Foreign Assets Control (OFAC) sanctions regulations; all
applicable state consumer protection, privacy, data breach notification,
and motor vehicle dealer licensing statutes; and all applicable
advertising and disclosure regulations.
5.3 Consumer Notices and Disclosures
You are solely responsible for: (a) providing all required privacy
notices, credit disclosures, adverse action notices, and consent forms
to consumers before collecting personal information or processing
applications through the Service; (b) clearly disclosing to consumers
how their information will be collected, used, stored, and shared; and
(c) retaining all required documentation and records for compliance and
audit purposes. AutoFunds does not assume responsibility for the
adequacy, timing, or content of disclosures made between Dealers and
Consumers.
5.4 Advertising Accuracy
All content posted, shared, or syndicated through the Service,
including inventory details, vehicle descriptions, pricing, and
financing terms, shall be accurate, not misleading, and promptly updated
or removed if inaccurate. You will comply with all applicable federal
and state advertising guidelines, including required disclosures by the
FTC, state Attorneys General, and motor vehicle licensing authorities.
You will not engage in bait-and-switch tactics, deceptive lead forms, or
manipulation of data feeds.
If you include financing terms in any inventory listing syndicated
through the Service — including monthly payment amounts, down payment
amounts, or the number of payments — you are required to include all
disclosures mandated by the Truth in Lending Act (Regulation Z, 12
C.F.R. § 1026.24), including the annual percentage rate (APR), the terms
of repayment, and the total of payments. AutoFunds reserves the right to
suppress, modify, or remove syndicated listings that include financing
terms without the required disclosures.
5.5 Identity Theft Prevention
You represent and warrant that you maintain a written Identity Theft
Prevention Program as required by the FTC Red Flags Rule (16 C.F.R. §
681), and that you will use the identity verification and OFAC screening
tools provided through the Service as part of your compliance
program.
5.6 TCPA Consent Management
You are solely responsible for obtaining, documenting, and
maintaining all consumer consents required under the TCPA and applicable
state telemarketing laws before using the Service’s communication
features to contact consumers. You will honor all opt-out and consent
revocation requests in compliance with applicable law and FCC rules,
including the requirement to process revocations received by any
reasonable means within ten (10) business days. You agree to indemnify
AutoFunds against any claims, fines, or penalties arising from your
failure to obtain or maintain proper consent.
5.7 Responsibility for Authorized Users
You are responsible for all acts and omissions of your Authorized
Users in connection with the Service. You will ensure that all
Authorized Users are trained on and comply with this Agreement, your
internal compliance policies, and all applicable laws and
regulations.
5.8 Website Accessibility Cooperation
AutoFunds is committed to building dealer websites that meet
accessibility standards. You agree to: (a) not disable, remove,
override, or interfere with any accessibility features, tools, or
functionality implemented by AutoFunds on your dealer website; (b)
ensure that any content, images, videos, or documents you provide for
publication on your dealer website include appropriate alternative text,
captions, or accessible formatting as reasonably requested by AutoFunds;
(c) cooperate with AutoFunds in conducting periodic accessibility
reviews or audits of your dealer website; and (d) promptly notify
AutoFunds at support@autofunds.com if you receive any accessibility
complaint, demand letter, or legal claim relating to your dealer website
so that AutoFunds may assist in remediation.
Section 6 — Consumer Data and Data Processing
This Section 6 serves as the Data Processing Addendum between
AutoFunds and the Dealer and constitutes the parties’ agreement with
respect to the processing of Consumer Data and Personal Information.
6.1 Roles and Responsibilities
With respect to Consumer Data processed through the Service: (a) the
Dealer is the Controller (or “Business” under the California Consumer
Privacy Act) and determines the purposes and means of processing; (b)
AutoFunds is the Processor (or “Service Provider” under the CCPA) and
processes Consumer Data solely on the Dealer’s behalf and in accordance
with the Dealer’s documented instructions, which are deemed to include
the instructions set forth in this Agreement.
6.2 AutoFunds’ Processing Obligations
AutoFunds will: (a) process Consumer Data only as necessary to
provide, maintain, and improve the Service, or as otherwise expressly
permitted by this Agreement or required by applicable law; (b) not sell,
share (as defined under the CCPA), or disclose Consumer Data to third
parties except as permitted by this Agreement; (c) not retain, use, or
disclose Consumer Data for any purpose other than performing the
Service, including any commercial purpose other than providing the
Service; (d) implement and maintain administrative, technical, and
physical safeguards designed to protect Consumer Data in accordance with
applicable law, including the GLBA Safeguards Rule; and (e) cooperate
with the Dealer in responding to Consumer rights requests (access,
deletion, correction, opt-out) to the extent AutoFunds holds relevant
data.
6.3 GLBA Safeguards Rule Compliance
AutoFunds acknowledges its independent obligations as a service
provider under the Gramm-Leach-Bliley Act and the FTC Safeguards Rule
(16 C.F.R. Part 314). AutoFunds maintains a written information security
program that includes: (a) a designated qualified individual responsible
for overseeing the information security program; (b) a written risk
assessment identifying reasonably foreseeable internal and external
risks to the security, confidentiality, and integrity of customer
information; (c) encryption of customer information in transit and at
rest; (d) multi-factor authentication for access to systems containing
customer information; (e) regular testing and monitoring of the
effectiveness of safeguards, including annual penetration testing and
biannual vulnerability assessments; (f) policies and procedures to
ensure that personnel maintain the security of customer information; (g)
oversight of service providers by requiring contractual security
commitments; (h) an incident response plan; and (i) regular reporting to
AutoFunds management on the overall status of the information security
program.
AutoFunds will respond to reasonable written requests from the Dealer
related to AutoFunds’ GLBA compliance, including providing written
confirmations of security practices, summaries of relevant policies, and
evidence of third-party security assessments (such as SOC 2 reports),
where available. This obligation does not require AutoFunds to permit
on-site audits, provide access to its proprietary systems or source
code, or disclose confidential security architecture.
6.4 Sub-processors
AutoFunds uses third-party sub-processors to assist in providing the
Service, including service providers located outside the United States
that provide technical support, software development, and platform
maintenance services. All Consumer Data is stored on servers located
within the United States. Sub-processors are bound by written agreements
that impose data protection obligations no less protective than those
set forth in this Section 6.
AutoFunds supervises all sub-processor access to Consumer Data and
remains responsible for the acts and omissions of its sub-processors to
the extent required by applicable law.
6.5 Data Breach Notification
In the event AutoFunds becomes aware of a confirmed security breach
affecting Consumer Data (“Security Incident”), AutoFunds will: (a)
notify the affected Dealer(s) without unreasonable delay and in no event
later than seventy-two (72) hours after confirmation of the Security
Incident; (b) provide the Dealer with sufficient information to enable
the Dealer to fulfill its own breach notification obligations under
applicable law; (c) take commercially reasonable steps to contain,
investigate, and remediate the Security Incident; and (d) cooperate with
the Dealer and applicable regulatory authorities as required.
AutoFunds will comply with its independent breach notification
obligations under the FTC Safeguards Rule breach notification
requirements (16 C.F.R. § 314.4(h)) and applicable state data breach
notification statutes, as applicable.
6.6 Consumer Rights Requests
If AutoFunds receives a request directly from a Consumer to exercise
rights under applicable state privacy laws (including rights of access,
deletion, correction, or opt-out), AutoFunds will promptly redirect the
Consumer to the appropriate Dealer. If AutoFunds receives a verified
request from a Dealer to assist in fulfilling a Consumer rights request,
AutoFunds will provide reasonable cooperation and technical assistance
within the timeframes required by applicable law.
6.7 Data Retention and Deletion
AutoFunds retains Consumer Data for the duration of the Dealer’s
active subscription and for a period necessary to comply with legal,
regulatory, tax, and audit obligations following termination. Upon the
Dealer’s written request submitted within thirty (30) days of account
termination, AutoFunds will make the Dealer’s data available for export
in a commonly used, machine-readable format. After the thirty (30) day
period, AutoFunds may delete or anonymize the Dealer’s data without
further obligation, except to the extent retention is required by
applicable law.
6.8 Dealer’s Data Processing Obligations
The Dealer represents and warrants that: (a) it has all necessary
rights, consents, and authorizations to provide Consumer Data to
AutoFunds for processing through the Service; (b) its instructions to
AutoFunds for the processing of Consumer Data comply with all applicable
laws; (c) it will publish and maintain a legally compliant privacy
policy on its customer-facing website(s); and (d) it will respond to
Consumer rights requests within the timeframes required by applicable
law. Misuse of Consumer Data or failure to obtain proper authorization
constitutes a material breach of this Agreement.
Section 7 — Confidentiality
7.1 Mutual Obligations
Each party agrees to: (a) hold the other party’s Confidential
Information in strict confidence; (b) not use it for any purpose other
than exercising rights or performing obligations under this Agreement;
and (c) not disclose it to any third party without the disclosing
party’s prior written consent, except to employees, contractors, or
advisors who have a need to know and are bound by confidentiality
obligations at least as protective as those in this Section.
7.2 Exclusions
Confidential Information does not include information that: (a)
becomes publicly available through no breach by the receiving party; (b)
was known to the receiving party before disclosure by the disclosing
party, as demonstrated by written records; (c) was independently
developed by the receiving party without reference to the Confidential
Information; or (d) was lawfully obtained from a third party without
restriction on disclosure.
7.3 Compelled Disclosure
If either party is compelled by law, regulation, court order, or
governmental directive to disclose Confidential Information, the
receiving party will provide the disclosing party with prompt written
notice (to the extent legally permitted) and will disclose only the
minimum information required.
7.4 Survival
The confidentiality obligations in this Section 7 will survive
termination of this Agreement for a period of three (3) years, except
with respect to trade secrets, which will be protected for as long as
they qualify as trade secrets under applicable law.
Section 8 — Intellectual Property and Ownership
8.1 AutoFunds’ Ownership
All rights, title, and interest in and to the Service, including the
software, code, algorithms, platform architecture, user interface,
documentation, branding, trade dress, and all derivative works thereof,
are and shall remain the sole and exclusive property of Integex
Solutions Inc. or its licensors. No rights are granted to you other than
the limited license expressly stated in Section 3.
8.2 User Content
You retain ownership of all User Content that you or your Authorized
Users input or upload to the Service. You grant AutoFunds a limited,
non-exclusive, royalty-free license to use, host, store, process,
display, and reproduce User Content as necessary to provide, improve,
and secure the Service, facilitate integrations, and comply with legal
obligations. AutoFunds will not sell User Content or Consumer Data.
AutoFunds’ use of tracking technologies on the Platform is described in
the Privacy Policy.
8.3 Derived Data
AutoFunds may collect, use, and process data derived from your use of
the Service in an anonymized and aggregated form (“Derived Data”) that
does not identify you, your dealership, or any individual Consumer.
AutoFunds owns all right, title, and interest in Derived Data and may
use it for any legitimate business purpose, including product
improvement, statistical analysis, industry benchmarking, and research.
AutoFunds will implement appropriate safeguards to ensure
de-identification and will not attempt to re-identify any individual or
Dealer from Derived Data.
8.4 Third-Party Intellectual Property
Certain legal forms, document templates, and content available
through the Service may be provided under license from third-party
vendors, including Reynolds Law Contracts. Such materials remain the
intellectual property of their respective owners. Your use of these
materials is limited to the business transactions conducted through the
AutoFunds platform, and you may not reproduce, modify, or distribute
them outside this scope.
8.5 Feedback
If you submit suggestions, ideas, or feedback about the Service
(“Feedback”), you agree that such Feedback is non-confidential and that
AutoFunds may use it without restriction, attribution, or compensation.
You assign to AutoFunds all rights in such Feedback. You waive all moral
rights in Feedback to the maximum extent permitted by applicable
law.
8.6 Restrictions
You may not: (a) copy, modify, adapt, or create derivative works of
the Service; (b) reverse engineer, decompile, or disassemble the
Service; (c) remove or alter any proprietary notices, marks, or
branding; (d) frame, mirror, scrape, or replicate any part of the
Service; or (e) use AutoFunds’ trademarks or branding in any way that
implies partnership, endorsement, or affiliation without prior written
consent.
8.7 DMCA Compliance
AutoFunds respects intellectual property rights and complies with the
Digital Millennium Copyright Act (DMCA). If you believe content on the
platform infringes your copyright, you may submit a notice to: Legal
Department — DMCA Agent, Integex Solutions Inc., 775 Park Avenue, Suite
255, Huntington, NY 11743, Email: support@autofunds.com. Your notice
must comply with 17 U.S.C. § 512(c)(3).
8.8 Content Change Requests
If you request changes to your dealer website, forms, or other
customizable features of the Service, such requests must be submitted in
writing by email to support@autofunds.com by an Authorized User on the
Account. By submitting a content change request, you represent and
warrant that: (a) you own or have obtained all necessary intellectual
property rights, licenses, and permissions for the content requested,
including text, images, logos, trademarks, and any other materials; and
(b) the requested content does not infringe, misappropriate, or violate
any third party’s intellectual property rights, publicity rights, or
other proprietary rights.
AutoFunds will process content change requests in reliance on your
representations and will not independently verify the intellectual
property ownership, licensing status, or legal clearance of any content
you submit. AutoFunds does not have the resources to conduct IP
verification and expressly disclaims any obligation to do so.
Section 9 — Third-Party Services and
Integrations
9.1 Availability and Use
The Service may include integrations or connections to Third-Party
Services, including credit bureaus, consumer reporting agencies, lender
portals, inventory syndication platforms, CRM tools, marketplace
listings, payment processors, document providers, and advertising
networks. Use of any Third-Party Service is at your discretion and risk
and is subject to that provider’s separate terms and privacy
policies.
9.2 Data Exchange Authorization
By enabling a Third-Party Service integration, you: (a) authorize
AutoFunds to share, transmit, and receive data with the Third-Party
Service on your behalf; (b) represent that you have all required rights
and consents to provide such data; and (c) acknowledge that AutoFunds is
not responsible for any data loss, unauthorized access, delay, or
corruption attributable to the Third-Party Service. You are responsible
for all costs associated with third-party relationships, including
licenses, subscriptions, and data fees.
9.3 Credit Bureau Compliance
If you obtain consumer credit reports or data through the Service via
integrated providers (including 700Credit, DealerTrack, and RouteOne),
you agree that: (a) you are a legally authorized user under FCRA; (b)
you will not access credit data without proper consumer consent and a
permissible purpose; (c) you will securely handle all credit data in
compliance with FCRA, GLBA, and applicable state laws; and (d) you will
execute and maintain all separate agreements required by the credit
bureaus or data providers. AutoFunds may revoke access to credit data at
any time if you are found to be in violation.
9.4 AutoFunds’ Discretion
AutoFunds retains sole discretion to approve, deny, modify, suspend,
or terminate any Third-Party Service integration, API connection, or
data flow at any time. AutoFunds may enter into exclusive arrangements
with selected third-party providers. AutoFunds is not obligated to
integrate with any third party or to maintain any existing
integration.
9.5 API and Webhook Access
If granted access to AutoFunds APIs or webhooks, you will: (a) use
them only as documented and for authorized business purposes; (b)
implement appropriate security protocols for transmission and storage of
retrieved data; (c) not overload, abuse, or circumvent API rate limits
or authentication; and (d) not share or expose API credentials to
unauthorized parties. AutoFunds may monitor API usage and revoke access
at any time.
9.6 No Endorsement
The availability of Third-Party Service integrations does not
constitute endorsement, sponsorship, or partnership by AutoFunds.
AutoFunds does not control, verify, or guarantee the accuracy,
reliability, or security of any Third-Party Service.
Section 10 — AI-Powered Features
10.1 Scope
AutoFunds may provide AI-powered features within the Service,
including but not limited to: automated chatbots for customer inquiries,
AI-generated vehicle descriptions, pricing recommendations, lead
scoring, and content generation tools. The availability of AI features
may vary and may be modified or discontinued at AutoFunds’
discretion.
10.2 AI Disclosures
Where required by applicable law, AutoFunds will disclose to
Consumers that they are interacting with an AI-powered system. AutoFunds
will implement disclosure mechanisms as required by applicable state
laws, including but not limited to the California BOTS Act, and similar
disclosure requirements in effect in other jurisdictions. You will not
disable, circumvent, or obscure AI disclosure mechanisms provided by
AutoFunds.
10.3 Limitations of AI-Generated Content
AI-generated content is provided for informational and assistive
purposes only. AI outputs may contain errors, inaccuracies, or
incomplete information. You acknowledge that: (a) AI-generated content
does not constitute binding offers, commitments, warranties, legal
advice, or financial advice; (b) you are responsible for reviewing and
verifying AI-generated content before using it in consumer-facing
communications, advertising, or transactions; (c) AutoFunds does not
guarantee the accuracy, completeness, or legal sufficiency of
AI-generated content; and (d) you will not represent AI-generated
outputs as human-generated communications unless you have substantively
reviewed and adopted the content as your own.
10.4 AI Interaction Logging
AutoFunds reserves the right to log, record, and analyze AI
interactions (including chatbot conversations) for purposes including
improving AI performance, monitoring compliance, ensuring quality, and
addressing disputes. AutoFunds is not obligated to retain AI interaction
logs for any specific period. Such logs, if retained, are subject to the
data protection provisions of this Agreement.
10.5 Liability for AI Outputs
To the maximum extent permitted by applicable law, AutoFunds
disclaims liability for losses, claims, or damages arising from reliance
on AI-generated content that was not reviewed by the Dealer before use
in a consumer transaction. The Dealer is responsible for ensuring that
AI-generated content used in its business operations is accurate,
compliant, and appropriate.
Section 11 — Fees, Billing, and Payment
11.1 Fees
Your access to the Service is subject to payment of all applicable
subscription, usage, onboarding, or integration fees as disclosed at the
time of sign-up or as outlined in a separate pricing schedule (“Fees”).
Unless otherwise agreed in writing: (a) all Fees are quoted and payable
in U.S. dollars; (b) all Fees are non-refundable except as expressly
stated in this Agreement; and (c) applicable taxes are your
responsibility.
11.2 Recurring Billing
You authorize AutoFunds to charge the payment method on file on a
recurring monthly basis. If you do not cancel before the end of a
billing cycle, your subscription will automatically renew. Accepted
payment methods are limited to debit card and credit card. You agree to
keep your payment details accurate and current.
11.3 Payment Terms
Subscription fees are invoiced monthly and are due on the date of
invoice. There is no credit period. Late payments may incur a late fee
of 1.5% per month or the maximum rate permitted by law, whichever is
lower.
11.4 Fee Changes
AutoFunds reserves the right to modify pricing or billing structures
with at least thirty (30) days’ notice. Continued use of the Service
after the effective date constitutes acceptance of the new rates. If you
do not agree to the new rates, you may terminate your subscription
before the effective date.
11.5 Suspension for Nonpayment
Failure to pay Fees when due may result in suspension or termination
of your access to the Service and withholding of data exports,
integrations, and user access.
11.6 Chargebacks and Payment Disputes
Initiating a credit card chargeback or payment dispute for Fees
lawfully billed by AutoFunds constitutes a material breach of this
Agreement. Upon discovery of a chargeback, AutoFunds may immediately
suspend or terminate the Dealer’s account without notice.
To reinstate an account terminated due to a chargeback, the Dealer
must: (a) repay all disputed and outstanding balances in full, including
all chargeback handling fees and administrative costs incurred by
AutoFunds; and (b) remit advance payment equal to six (6) months of
subscription fees by certified or cashier’s check payable to Integex
Solutions Inc., as a credit assurance measure to mitigate the risk of
further payment reversals. Service will not be restored until all
payments have cleared.
Following the six (6) month prepaid period, AutoFunds will review the
account and determine, in its sole discretion, whether to permit
resumption of monthly card payments or to require continued advance
deposits. AutoFunds’ determination shall be final.
Unresolved chargeback balances may be referred to a collections
agency or pursued via legal action, including recovery of reasonable
attorneys’ fees and costs.
Any Dealer or entity involved in more than one chargeback or payment
dispute may be permanently barred from accessing the Service at
AutoFunds’ sole discretion, without further liability or obligation to
AutoFunds.
11.7 Billing Continuity
Billing obligations remain in effect regardless of your actual use of
the Service. Inactivity or non-use does not constitute cancellation. All
Fees continue to accrue until a valid cancellation request is submitted
and confirmed pursuant to Section 15.
Section 12 — Warranties and Disclaimers
12.1 Service Provided “As Is”
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, AUTOFUNDS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
TITLE.
12.2 No Guarantee of Results
AUTOFUNDS DOES NOT GUARANTEE THAT THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. AUTOFUNDS DOES
NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY
INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING THIRD-PARTY DATA,
VEHICLE VALUATIONS, CREDIT INFORMATION, OR MARKETPLACE
INTEGRATIONS.
12.3 Legal Forms and Generated Documents
AutoFunds may provide access to or auto-generate legal forms,
including but not limited to retail installment contracts, purchase
orders, bills of sale, buyers orders, FTC Buyers Guides, privacy
notices, disclosure forms, and other transaction-related documentation.
Such forms may originate from AutoFunds’ internal form library or from
third-party legal form providers (such as Reynolds Law Contracts) with
whom AutoFunds has licensing or integration agreements. AutoFunds’ role
is strictly limited to populating fields on these documents based on
information entered by you or your Authorized Users.
You understand and agree that: (a) AutoFunds does not review, modify,
validate, or verify the content of any form for accuracy, completeness,
legal sufficiency, or compliance with applicable law; (b) AutoFunds
makes no representations or warranties as to whether any form complies
with applicable federal, state, or local laws, or whether any form is
sufficient or appropriate for use in your jurisdiction; (c) you are
solely responsible for reviewing, verifying, and ensuring the legality
and accuracy of all forms and all data populated within those forms
before use in any consumer or commercial transaction; (d) you are solely
responsible for retaining qualified legal counsel to review, customize,
and approve all forms and document configurations for your specific
business needs and jurisdiction; and (e) AutoFunds expressly disclaims
any responsibility for the legal compliance of the forms or templates
themselves, the accuracy or appropriateness of populated data, and any
damages, regulatory action, consumer dispute, or contract
unenforceability resulting from your use of such documents.
If you identify an error or deficiency in any form or template
provided through the Service, you may submit a written request to
AutoFunds at support@autofunds.com describing the issue. AutoFunds will
review such requests and implement changes where feasible, at its sole
discretion and on a timeline determined by AutoFunds. Submission of a
request does not create an obligation to implement the requested
change.
12.4 Payment Calculators and Financial Tools
Payment calculators, desking tools, and financial modeling features
provided through the Service are tools to assist your business
operations. While AutoFunds uses commercially reasonable efforts to
ensure calculation accuracy, you are responsible for verifying all
figures, including APR, payment amounts, term, and total of payments,
before presenting them to consumers or using them in binding agreements.
AutoFunds is not a lender, financial advisor, or tax advisor.
12.5 Dealer Website Templates
AutoFunds may, as part of the Service, create and provide standard
template Terms of Use and Privacy Policies for use on Dealer
customer-facing websites. These templates are designed to address
minimum areas of legal coverage commonly applicable to automobile
dealership websites and may not be comprehensive, jurisdiction-specific,
or tailored to the Dealer’s particular business model, operations, or
regulatory requirements. You understand and agree that: (a) these
templates are provided as a convenience and do not constitute legal
advice; (b) AutoFunds makes no representations or warranties as to the
accuracy, sufficiency, enforceability, or legal compliance of any
template; (c) you are solely responsible for obtaining legally reviewed
and approved Terms of Use and Privacy Policies from your own qualified
legal counsel based on your dealership’s specific requirements; and (d)
AutoFunds disclaims all liability for claims, losses, regulatory
actions, or penalties arising from your use of any template, whether
modified or unmodified.
AutoFunds may deploy standard privacy compliance pages on Dealer
websites, including a “Do Not Sell or Share My Personal Information”
page and cookie consent functionality designed to support compliance
with applicable state privacy laws and Universal Opt-Out Mechanism
requirements. You agree not to remove, disable, modify, or interfere
with these privacy compliance features. You are solely responsible for
ensuring that the privacy disclosures and opt-out mechanisms on your
dealer website are accurate and complete for your specific jurisdiction
and business practices.
12.6 No Regulatory or Legal Advice
AutoFunds is not a law firm, certified public accountant, lender, or
regulatory body. The Service does not constitute legal, financial,
compliance, or tax advice. You are solely responsible for ensuring your
business operations meet all applicable legal and regulatory
requirements.
Section 13 — Limitation of Liability
13.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTOFUNDS AND ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY,
OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THIS AGREEMENT
OR YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Liability Cap
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF AUTOFUNDS
ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF
FEES ACTUALLY PAID BY YOU TO AUTOFUNDS DURING THE TWELVE (12) MONTHS
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13.3 Carve-Outs
The limitations set forth in Sections 13.1 and 13.2 shall not apply
to: (a) damages arising from a data breach of Consumer Data caused by
AutoFunds’ gross negligence or willful misconduct; (b) AutoFunds’
willful or intentional breach of this Agreement; or (c) AutoFunds’
indemnification obligations under Section 14.2.
13.4 Statute of Limitations
Any claim, action, or proceeding against AutoFunds arising out of or
related to this Agreement must be filed within one (1) year of the
occurrence giving rise to the claim. Claims not filed within this period
are permanently barred.
13.5 Basis of the Bargain
You acknowledge that AutoFunds has set its fees and entered into this
Agreement in reliance upon the limitations of liability and disclaimers
of warranties set forth herein, and that these provisions form an
essential basis of the bargain between the parties.
Section 14 — Indemnification
14.1 Indemnification by Dealer
To the fullest extent permitted by law, you agree to defend,
indemnify, and hold harmless AutoFunds, Integex Solutions Inc., and
their affiliates, officers, directors, employees, agents, and licensors
(collectively, “AutoFunds Indemnitees”) from and against any and all
claims, liabilities, damages, losses, fines, penalties, judgments,
settlements, costs, and expenses (including reasonable attorneys’ fees)
arising out of or relating to: (a) your access to, use of, or inability
to use the Service; (b) your violation of any term of this Agreement or
applicable law; (c) your misuse of Consumer Data, credit reports, or
Third-Party Services; (d) your dealings or communications with
Consumers, vendors, lenders, or marketplace participants; (e) your
advertising, marketing, or pricing practices; (f) your failure to obtain
or maintain required consents under TCPA or applicable law; (g) any
product, service, warranty, or representation offered by you through the
Service; or (h) your breach of any third-party agreement.
14.2 Indemnification by AutoFunds
AutoFunds will defend, indemnify, and hold harmless the Dealer from
and against claims, liabilities, damages, and reasonable costs
(including attorneys’ fees) arising from: (a) a third-party claim that
the Service, as provided by AutoFunds, infringes a valid United States
patent, copyright, or trademark of a third party; or (b) a data breach
of Consumer Data caused by AutoFunds’ systems where AutoFunds has an
independent legal obligation. AutoFunds’ obligations under this Section
14.2 are contingent upon the Dealer providing prompt written notice of
the claim, reasonable cooperation, and sole control of the defense and
settlement to AutoFunds.
14.3 IP Infringement Remedies
If the Service is, or in AutoFunds’ reasonable opinion is likely to
become, the subject of an infringement claim, AutoFunds may at its sole
option: (a) procure for you the right to continue using the Service; (b)
modify the Service to make it non-infringing; (c) replace the Service
with a functionally equivalent alternative; or (d) if none of the
foregoing is commercially feasible, terminate your access and provide a
prorated refund of any prepaid Fees.
14.4 Exclusions from AutoFunds’ Indemnification
AutoFunds has no indemnification obligation to the extent a claim
arises from: (a) your modification of the Service; (b) your combination
of the Service with products or services not provided by AutoFunds; (c)
your use of the Service in violation of this Agreement; or (d) your
continued use of a version of the Service after AutoFunds has provided a
non-infringing update.
14.5 Procedure
The indemnifying party will assume the defense of the claim using
counsel reasonably acceptable to the indemnified party and will not
settle any claim without the indemnified party’s prior written consent,
which shall not be unreasonably withheld. The indemnified party may
participate in the defense at its own expense.
Section 15 — Term, Termination, and Suspension
15.1 Term
This Agreement is effective upon your acceptance and continues on a
month-to-month basis for the duration of your active subscription,
unless terminated by either party in accordance with this Section.
15.2 Termination by Dealer
You may terminate your subscription at any time by providing written
notice to support@autofunds.com from an authorized user on the account.
Termination will be effective at the end of your current billing period.
You remain liable for all Fees incurred through the effective
termination date. No prorated refunds will be issued for partial billing
periods.
15.3 Termination by AutoFunds
AutoFunds may suspend or terminate your access to the Service at any
time, with or without notice, if: (a) you violate any provision of this
Agreement; (b) you engage in fraudulent or unlawful activity; (c) you
fail to pay Fees when due or initiate a chargeback; (d) you misuse
Third-Party Services or Consumer Data; (e) your use poses a security,
legal, or operational risk to AutoFunds or other users; or (f) required
by law, court order, or governmental directive.
15.4 Effect of Termination
Upon termination: (a) your license to use the Service ends
immediately; (b) you must cease all use of AutoFunds intellectual
property, integrations, and platform assets; (c) any remaining balance
becomes immediately due and payable; (d) AutoFunds will make your data
available for export upon written request submitted within thirty (30)
days of termination, in a commonly used, machine-readable format; and
(e) after the thirty (30) day export period, AutoFunds may delete or
anonymize your data without further obligation, except to the extent
retention is required by applicable law.
15.5 Suspension
AutoFunds may suspend your access to any or all parts of the Service
in lieu of termination to investigate suspected violations, security
concerns, or payment issues. Suspension may remain in place until
resolution is achieved or AutoFunds elects to proceed with termination.
Reinstatement following suspension is subject to AutoFunds’ sole
discretion.
15.6 Account Activity and Inactivity
An account shall be considered active for as long as subscription
fees are being received by AutoFunds, regardless of the level of
platform activity or usage. AutoFunds will not archive, suspend, or
terminate an account based on inactivity so long as the account remains
current on all payment obligations. AutoFunds may, at its sole
discretion, terminate or archive accounts only where no payment has been
received and no contractual obligations remain outstanding.
15.7 Survival
The following Sections shall survive any termination of this
Agreement: Section 1 (Definitions), Section 6 (Consumer Data and Data
Processing), Section 7 (Confidentiality), Section 8 (Intellectual
Property), Section 10.5 (AI Liability), Section 11 (Fees — to the extent
of unpaid amounts), Section 12 (Disclaimers), Section 13 (Limitation of
Liability), Section 14 (Indemnification), Section 16 (Dispute
Resolution), and Section 18 (Miscellaneous).
Section 16 — Dispute Resolution and Governing
Law
16.1 Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the State of New York, without regard to its conflict of law
principles.
16.2 Binding Arbitration
You and AutoFunds agree that any and all disputes, claims, or
controversies arising out of or relating to this Agreement, your use of
the Service, or the relationship between you and AutoFunds shall be
resolved exclusively by binding arbitration administered by the American
Arbitration Association (“AAA”) under its Commercial Arbitration Rules.
The arbitration shall be conducted in Suffolk County, New York, or
remotely via videoconference at AutoFunds’ discretion. The arbitrator’s
decision shall be final and binding and may be entered as a judgment in
any court of competent jurisdiction.
16.3 Class Action Waiver
YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS,
COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE THE RIGHT
TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE
ACTION OF ANY KIND.
16.4 Jury Trial Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND AUTOFUNDS WAIVE ANY
RIGHT TO A TRIAL BY JURY IN ANY DISPUTE OR PROCEEDING RELATED TO THIS
AGREEMENT OR THE SERVICE.
16.5 Exceptions
The following matters are not subject to arbitration and may be
pursued in state or federal courts located in Suffolk County, New York:
(a) claims seeking only equitable or injunctive relief to prevent
unauthorized access or data misuse; (b) enforcement of intellectual
property rights or trade secrets; and (c) claims for non-payment or
recovery of unpaid Fees. You and AutoFunds consent to the personal and
exclusive jurisdiction of such courts for those matters.
Section 17 — Force Majeure and Service
Interruptions
17.1 Force Majeure
AutoFunds shall not be liable for any failure or delay in performance
caused by circumstances beyond its reasonable control, including natural
disasters, acts of war or terrorism, governmental orders, pandemics,
internet or telecommunications failures, power outages, third-party
service disruptions, or labor disputes.
17.2 Maintenance
AutoFunds may perform scheduled or emergency maintenance that
requires temporary service interruption. AutoFunds will use commercially
reasonable efforts to provide advance notice of scheduled maintenance
and to minimize disruption.
17.3 No Guaranteed Uptime
AutoFunds does not guarantee uninterrupted access, real-time data
availability, or system responsiveness. No uptime commitment exists
unless covered by a separate Service Level Agreement executed in writing
between the parties.
Section 18 — Miscellaneous
18.1 Entire Agreement
This Agreement, together with the Privacy Policy, any applicable
pricing schedules, and any supplemental terms presented through the
Service, constitutes the entire agreement between you and AutoFunds with
respect to the Service and supersedes all prior or contemporaneous
communications, proposals, or agreements, oral or written. No informal
communication or representation by AutoFunds personnel or agents
modifies the terms herein unless expressly incorporated into a written
amendment signed by an authorized representative of AutoFunds.
18.2 Severability
If any provision of this Agreement is found by a court or arbitrator
to be unlawful, invalid, or unenforceable, such provision shall be
modified to the minimum extent necessary to render it enforceable while
preserving the parties’ intent. If modification is not possible, the
provision shall be severed and the remaining provisions shall remain in
full force and effect.
18.3 No Waiver
No failure or delay by AutoFunds in exercising any right under this
Agreement shall operate as a waiver. A waiver of any breach must be in
writing and shall not constitute a waiver of any subsequent breach.
18.4 Assignment
You may not assign or transfer this Agreement without AutoFunds’
prior written consent. Any attempted assignment in violation of this
clause is void. AutoFunds may assign this Agreement freely to any
affiliate, successor, or acquirer of its business or assets.
18.5 Independent Contractors
The relationship between you and AutoFunds is that of independent
contractors. Nothing in this Agreement creates an agency, partnership,
joint venture, or employment relationship.
18.6 Notices
All notices must be in writing and delivered by certified mail
(return receipt requested), or by email with delivery confirmation.
Notices to AutoFunds shall be sent to: Integex Solutions Inc., Attn:
Legal Department, 775 Park Avenue, Suite 255, Huntington, NY 11743,
Email: support@autofunds.com. Notices to you will be sent to the email
address associated with your Account or through the platform interface.
Email notices are deemed delivered when sent.
18.7 Headings and Interpretation
Section headings are for convenience only and shall not affect the
interpretation of this Agreement. Any ambiguity in this Agreement shall
not be construed against the drafter.
— End of Terms of Use —
Contact Information
Integex Solutions Inc. (d/b/a AutoFunds)
775 Park Avenue, Suite 255
Huntington, NY 11743
Email: support@autofunds.com
Phone: 1.888.90.FUNDS
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