TERMS OF USE

This website and service (the "Service") is owned and operated by Chrysler Group LLC ("Dodge", "we", "our" or "us").

By using the Service, you are agreeing to be bound by these Terms of Use (the "Terms of Use"). Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service.

This Service permits users to create an online registry (each a "Registry Owner") for the purpose of encouraging other users to contribute money (each a "Funder") towards the Registry Owner's goal of purchasing a Dart.

As described below, Dodge is merely the service provider connecting Registry Owners with Funders. Funders must be aware that there is no guarantee that the Registry Owner will actually use the contributions to purchase a Dart. While Dodge would certainly prefer the Registry Owner to use the funds to purchase a Dart, the Funder is contributing real and unrestricted dollars that may be used by the Registry Owner for any purpose. Dodge does not vet information provided by users of the Service. You agree not to hold Dodge responsible for the acts or omissions of any Registry Owner or Funder. You acknowledge that Dodge is merely the service provider connecting Registry Owners with Funders, but it is ultimately and solely the Registry Owners and the Funders who decide whether to proceed with any transactions. Dodge is under no obligation to screen or monitor their actions.

AUTHORIZED USE OF THE SERVICE

You may only use the Service as set forth in these Terms of Use and as described on the Service. You must be at least 18 years of age, the age of majority in your place of residence and a resident of the 50 United States or the District of Columbia in order to be a Registry Owner or a Funder. The Service is further described in the Service FAQs. Subject to the foregoing, Dodge hereby grants you a limited, non-transferable, revocable license to use the Service. You may only use the Service in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject ("Laws").

USER REQUIREMENTS

You understand and acknowledge that it is solely your obligation to ensure that your use of the Service is in compliance with all Laws. In order to post a registry, you must register for an account with the Service. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You may not share your account with another person. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. We may suspend or terminate your access at any time with or without notice. You must immediately notify Dodge of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information.

When you are a Registry Owner, the following additional terms apply to you:

  • Your registry may not appear on the Service until it has been reviewed and approved by Dodge (typically 24-48 hours after you create the registry). However, such review and approval process shall not be deemed to be an acknowledgment by Dodge that your registry complies with these Terms of Use.
  • You must have a genuine and bona fide intention of purchasing a Dart.
  • Your project goals and all information posted in the registry must be complete, truthful and accurate.
  • You agree to comply with all Laws in connection with your use of this Service.
  • You acknowledge that your registry may be publicly accessible through the Service activity feed. If you provide your consent through the manner provided on the Service or through your communications with Dodge, you agree that we may promote you and your registry outside of the Service without additional approvals from you or compensation to you of any kind.
  • You are solely responsible for and will pay all fees, assessments, taxes and other payments required by you in connection with funds received through the Service, including any income taxes.
  • You agree that under no circumstances shall you hold Dodge responsible for any acts or omissions of a Funder.
  • In no event may you raise more than $30,000 through the Service.
  • You acknowledge that you will not receive the face amount of each contribution from a Funder. The third party payment processor for the Service (discussed below in the section entitled "Payment Processing") will keep 5% of all contributions to you as their service fee. In addition, the credit card processing company facilitating the transactions through the Service will keep another 4% of all contributions to you as their fee.
  • You acknowledge that you will not receive the face amount of each contribution from a Funder. The third party payment processor for the Service (discussed below in the section entitled "Payment Processing") will keep 5% of all contributions to you as their service fee. In addition, the credit card processing company facilitating the transactions through the Service will keep another 4% of all contributions to you as their fee.
  • You acknowledge that Dodge will only make the Dart designed by you available for 90 days from the time you initially post the registry.
  • Notwithstanding the foregoing, the Dart you design is subject to availability.

When you are a Funder, the following additional terms apply to you:

  • You acknowledge that the funds you contribute to the Registry Owner may not be used by the Registry Owner to purchase the Dart and may be used by the Registry Owner for any purpose, whether or not disclosed to you.
  • You agree to comply with all Laws in connection with your use of this Service.
  • You acknowledge that in no event may more than $30,000 be contributed to any Registry Owner.
  • The third party payment processor for the Service (discussed below in the section entitled "Payment Processing") will keep 5% of your contribution as their service fee. In addition, the credit card processing company facilitating the transactions through the Service will keep another 4% of your contribution as their fee.
  • You are solely responsible for and will pay all fees, assessments, taxes and other payments required by you in connection with funds contributed through the Service, including any gift taxes.
  • Your contribution will be collected immediately by the third party payment processor upon your confirmation of the amount through the Service, but will not be accessible to the Registry Owner until the expiration of the term established for their registry (1 to 90 days).
  • If the Registry Owner does not claim and withdrawn the funds contributed to his or her registry as set forth in these Terms of Use, then such funds will be forfeited and will not be returned to any Funder.
  • You agree that under no circumstances shall you hold Dodge responsible for any acts or omissions of a Registry Owner, including if the Registry Owner has provided false information through the Service, misrepresented themselves or the project goals or has otherwise acted improperly.


PAYMENT PROCESSING

The receipt and processing of all funds through the Service is managed by Rockethub Inc . You may be subject to additional terms and conditions when accessing the funding pages that are powered by Rockethub service. In the event of any conflicts between the provisions of these Terms of Use and any terms set forth by Rockethub, as between you and Dodge, these Terms of Use shall prevail. Dodge is not responsible for the acts or omissions of Rockethub.

SOCIAL MEDIA ACCOUNTS; THIRD PARTIES AND LINKS

We may enable interaction with our Service through social media features, such as Facebook Connect and other methods. We do not control those social media services, your profiles on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not Dodge. Therefore, you should become familiar with how their features and services work before using their functionality that may be available on our Service.

TERMS OF USE AND SERVICE CHANGES

Dodge, in its sole discretion, may modify, enhance, discontinue or otherwise change the Service and all content or features of the Service, in whole or in part, at any time without notice to you.

In addition, Dodge may modify these Terms of Use at any time. All changes to these Terms of Use shall be posted on this web page or Dodge shall otherwise provide you with access to such changes. Your continued use of the Service after such changes have been made available to you means that you accept such changes.

PROHIBITED USE

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party. We may, but are under no obligation, to monitor your usage of the Service to confirm compliance with these Terms of Use. You will not take any actions that are misleading, unfair, deceptive or that violate any Laws or the rights of any third parties.

REGISTRY AND PUBLIC COMMENTS

This Service provides you with the ability to upload or link to content, such as photos and videos, and post comments. When providing such content, you agree that (i) you have the right to post all information and materials, (ii) all opinions expressed are genuinely held based upon your own experiences and (iii) you will not post any content that is libelous, defamatory or invades any privacy or publicity rights of any third party; or is abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable; or infringes any copyright, trademark, service mark, patent, trade secret or confidentiality obligation. You agree to be solely liable for the content of all information posted by you. You hereby grant Dodge a perpetual license to use, redact, republish, copy and distribute your content (including your name) in any medium now known or hereinafter developed without payment of compensation to you. We may include, remove or modify any content provided by a user at any time in our sole discretion.

TERMINATION

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. You may terminate your use of the Service at any time.

PRIVACY

The privacy of your personal information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Statement .

INTELLECTUAL PROPERTY

Dodge or its licensors are the exclusive owners of all content, software, graphics, designs, programs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials on the Service without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Dodge and its licensors.

NO WARRANTIES

THE SERVICE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND DODGE, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, FEATURES, PROGRAMS OR SERVICES ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DODGE, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS AND SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DODGE, ITS AFFILIATES, BUSINESS PARTNERS AND SERVICE PROVIDERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY CONTENT, INFORMATION OR SERVICES CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DODGE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, INFORMATION OR SERVICES AND ANY ERRORS CONTAINED THEREIN THAT ARE PROVIDED BY THIRD PARTIES. IN NO EVENT WILL DODGE, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS AND SERVICE PROVIDERS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT DODGE, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed one hundred dollars ($100).

INDEMNITY

You agree to defend, indemnify and hold harmless Dodge, its affiliates, agents, advisors, business partners, licensors, service providers and each of their respective officers, directors, employees, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from: (i) any breach by you of these Terms of Use, (ii) any content or information uploaded by you to the Service, (iii) your use of content, information or features available on the Service, (iv) any matters between a Registry Owner and Funder or (v) a violation by you of any Law.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

Materials may be made available via the Service by third parties not within our control (such as photos and videos uploaded by a user). We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Service. If you believe any materials on the Service infringe a copyright, you should provide us with written notice by following the procedures located here.

GOVERNING LAW & JURISDICTION

The laws of the State of Michigan shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN OAKLAND COUNTY, MICHIGAN FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.

Any claims asserted by you in connection with the Service must be asserted in writing to Dodge within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

SEVERABILITY

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

WAIVER; REMEDIES

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

CONTACT US; REPORT ABUSE

Should you have any questions, or if you wish to report abuse in connection with the Service, you may contact us at Help@DodgeDartRegistry.com.

EFFECTIVE DATE

These Terms of Use are effective as of January 13, 2013.