Terms of Service for KarYard
Please review the agreement terms of service provided. By Accessing the dealer portal provided by KarYard, LLC as a subscriber, you are verifying that you have read, understand and accept this agreement. This agreement may be updated from time to time and you are responsible for reviewing it for any updates. They will always be found on this page: List this page address here (KarYard TOS).
Service provided to subscribing dealers only. Subscription is created once dealer agreement has been processed. Subscribing dealers and their users can access the KarYard portal through web and mobile applications while their dealer agreement is in force and all obligations to KarYard, LLC are met. If a subscribing dealer is delinquent on any obligations, access to the portal will be denied. Any subscriber not using the portal for any non-acceptable use, will be terminated.
KarYard subscription based service is a content creation tool for auto dealers. Below is a list of features and definitions related to the product.
List of features and definitions
Acceptable Use - All users must create, protect and maintain a password for portal access. All subscribers must keep this information secure. If login credentials are compromised users must contact their admin for resolution. Any admin for the subscribing dealer must relay information regarding any security breach immediately to KarYard, LLC. All subscribers and their users must comply with the Terms of Service(TOS) for any connected networks; i.e., https://www.facebook.com/legal/terms, https://www.youtube.com/t/terms and https://policies.google.com/terms?hl=en-US.
YouTube Terms of Service
Google Security Setting Page
Facebook Terms of Service
Non-acceptable use - Subscribing dealers and their users must not:
- resell this product or access thereof to any other third party
- allow access to any unauthorized users
- fail to comply with the TOS of any connected network listed above
- access to create a similar or competitive products
- use the portal for malicious purposes
- use this product in the violation of any laws
- Inquiries regarding KarYard, LLC TOS can be sent to email@example.com
Dealer – Term used to describe a subscribing dealership. Any Dealership utilizing the KarYard Marketing Portal. All Dealerships will have individual contracts for each corporate entity. Dealer Groups will be contracted in a per rooftop format.
Fees - Provider reserves the right to modify any applicable fees for Subscription Services at any time with 30 days’ notice to Dealer. To the extent that Provider determines in its sole discretion that a refund or credit is owed to Dealer, then such payment may only be made to Dealer in the form of a credit against amounts owed to Provider by the Dealer in lieu of upcoming monthly Subscription Services.
Inventory Host - Term used to describe any vendor or 3rd party company providing to KarYard data and/or databases of used and new car inventory (which may include the inventory of Dealer, and other customers and potential customers of Dealer and/or KarYard), used by KarYard in connection with the subscription services.
Marketing Content - Term for any and all content used in or by the dealership, vendors and Provider to display, market, sell, or advertise any products or services. The content may include, but may not limited to the form of images, sounds, videos, text, numbers, names, codes, slogans, and any other format shared or provided by dealer and Inventory Host.
Portal – Term used for the KarYard proprietary Mobile and Desktop interface accessible by Dealer, its employees and agents for the use of content creation, inventory & social marketing. Provider support has access.
Provider – KarYard, LLC (“KarYard”)will be interchangeable with the term “Provider” for the language of the agreement between the dealer and KarYard.
Subscription Services – Term used for access to and support of Provider Portal by Dealer, its employees and agents. This service is provided to each individual dealer on a month to month basis. Current offering is “Standard Yard”. New modules and offerings extra.
Dash board – “Dashboard”- is the main page in KarYard Portal that is the starting point for the users to navigate from. Information is displayed in “Dashboard” to direct users towards information that drives behavior. Three information areas are listed and they are as follows:
- Needs attention – Measures information derived from web-data to alert users to marketing opportunities.
- Social activity – Tracks store Social Media Marketing activity.
- Score Board – Tracks individual user activity reward and drive behavior for content creation.
Social Yard – Section of Menu bar on KarYard Portal that where Social Media Networks are administered and Social Media content is created and reviewed.
- Approve Social Post - available in Desktop menu for Admin and Managers to review UGC for accuracy and compliance, before posting live to the internet. In this section the posts can be edited.
- Approve Customer Review - available in Desktop menu for Admin and Managers to review UGC for accuracy and compliance, before posting live to the internet. In this section the posts can be edited. An additional layer of protection is in place for subscribing dealers for this section. Dealer Generated client reviews and testimonials can only be posted live to the internet once client permission is obtained. The “Approve” button will not appear until permission is granted.
- New Social Post – available in Desktop and Mobile Application for the purpose of User Generated Content (UGC); which includes the following: Inventory Special Posts, Walk-Around Videos, any authentic social media or marketing opportunity or social engagements in the day to day operations of dealership business. This area accessible by all users.
- New Customer Review – available in Desktop and Mobile Application for the purpose of User Generated Content (UGC); which includes Dealer created customer reviews and testimonials or social engagements in the day to day operations of dealership business. These social engagements that are created and posted will all be 100% compliant and yield marketing rights to Dealer. This area accessible by all users.
- My Drafts - available in desktop menu for revisiting and finalizing unfinished post for “New Social Posts” and “New Customer Review”. Drafts can be opened, edited and posted.
- Social Activity - available in Desktop menu for tracking and reviewing social media activity for the dealer. All posts are tracked by time, date, author and social channel. All information posted will be in social activity log for review. This area accessible by Admin and Manager level users.
- Configure Social Network – Available in Desktop menu for the purpose of Social Media connectivity. All available social media connections are set up in this area. They are only accessible by Admin level users.
My Yard – Section of menu bar on KarYard Portal where dealership inventory is found. This area is sortable and one of the key elements for advertising inventory.
- My Yard - available in the Desktop application for the purpose of sorting through current dealership inventory. Once can vehicle images and information. Users select a vehicle and create immediate social media posts for daily specials and events. Inventory is promoted directly from that area. This area accessible by all users.
Profile – Section of the menu bar on KarYard Portal where dealership and user information is held and updated.
- User Info - available in the Desktop application for the purpose of updating user information. This area is used by admin users to set up and change user information.
- Dealership Info - available in the Desktop application for the purpose of updating Dealership information. This area is used by admin users to set up or change dealership information.
Settings - Section of the menu bar on KarYard Portal where Admin and Managers review and approved potential marketing messages created by dealership employees. This section is a key element to the success of the subscribing dealer.
- Manage Users - available in Desktop menu for Admin and Managers to create and update dealership and user information. Admin and Managers have different permission levels and accessibility.
- Skins – available in Desktop menu for the purpose of using and or editing specific image overlay called “Skins”. Skin library comes with initial 6 overlays included with the package. Additional customer overlays can be uploaded by Admin and Managers. These skins are available and can be used by all users when creating a social post.
- Dealer Representations. Dealer represents, warrants and covenants that: (i) it shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement and relating in any way to the Site(s) or to the Dealer’s use of Portal, (ii) it owns or otherwise has all rights in the Dealer Content necessary to grant the licenses for Marketing Content, (iii) it understands and shall comply with the Pricing Guidelines; and (iv) Dealer Content complies with all applicable laws and regulations. Dealer represents, warrants and agrees that it shall not disclose to any party or use for any purpose any non-public business, technical or other information relating to or provided by KarYard (including this Agreement and all pricing information and intellectual property).
- Mutual Representations. Each party represents and warrants to the other that (i) it and its employees, officers and representatives are fully authorized and permitted to engage in the business relationship contemplated in this Agreement, (ii) the person signing this Agreement on behalf of such party has been duly authorized and empowered to enter into this Agreement, and (iii) it has read this Agreement, understands this Agreement, and agrees to be bound by this Agreement.
- Dealer License - Dealer represents, warrants and covenants that it has and shall maintain all registrations, licenses and permits required under applicable laws to act as a dealer and/or buy, sell or lease vehicles at all times during the term of this Agreement
- Confidentiality - Both parties agree to keep strictly confidential the terms of this Agreement.
- Governing Law - The Parties submit to the jurisdiction of the courts of the State of California for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of California.
- Limitation of Liability - THE SERVICES, THE PORTAL, ANY DATA AND OTHER INFORMATION PROVIDED ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITH NO GUARANTEES OF ANY KIND, AND PROVIDER DISCLAIMS , ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND THE SITE(S) AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL EXCEED THE TOTAL AGGREGATE AMOUNTS PAID OR PAYABLE BY DEALER DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM.
- Miscellaneous - Any successors and assignees, shall have any right to enforce any of its terms. Neither this Agreement nor any activity conducted hereunder shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Neither party is granted any authority under this Agreement to enter into agreements of any kind on behalf of the other party or to bind or obligate the other party in any manner to any third party.
- Data - All content/data is available to subscribing dealers while subscription is in force and up to date. KarYard, LLC does not sell data to any third party. KarYard, LLC has the right to use images/videos for promotional purposes. KarYard, LLC does not market to Subscribing dealers clients.
- Packages for KarYard Services -
- Standard Yard: Dashboard, New Social Post, New Customer Review, Approve Social Post, Approve Customer Review, Configure Social Network and Manage users. Settings, Profile,
- Premium Yard: Standard Yard, My Yard with inventory feed and links, Text VDP. This is paid service.