Service Lane eAdvisor™
Terms of Use

Last Modified: June 12, 2020

ACCEPTANCE OF THE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE CONSTITUTE AN OFFER BY B&G TECHNOLOGIES, LLC D/B/A SERVICE LANE eADVISOR (“Company,” “we,” or “us”) OF THE TERMS AND CONDITIONS UPON WHICH WE WILL MAKE AVAILABLE THIS SLEADVISOR.COM WEBSITE, INCLUDING ANY CONTENT, FUNCTIONALITY AND SERVICES OFFERED ON OR THROUGH SLEADVISOR.COM (THE “WEBSITE”) OR RELATED MOBILE APPLICATIONS (THE “APPLICATION”). YOUR USE OF THE WEBSITE OR APPLICATION SIGNIFIES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE; AND IF YOU USE THE APPLICATION, YOU ARE ALSO AGREEING TO THE RELATED END USER LICENSE AGREEMENT FOUND AT https://sleadvisor.com/TERMS-AND-CONDITIONS/ WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE, YOU SHOULD NOT USE THE WEBSITE OR APPLICATION.
We may change these Terms of Use at any time and such changes will be effective immediately upon posting. You should check these Terms of Use periodically because your continued use of the Website will be deemed acceptance of any modified Terms of Use. If you do not agree to the modified Terms of Use, you should discontinue use of the Website and Application.

These Terms of Use hereby incorporate Company’s U.S. Mobile Short Code Terms of Service found at https://sleadvisor.com/mobile-terms/ and Company’s Privacy Policy found at https://sleadvisor.com/privacy-policy/ (the “Privacy Policy”). If you do not wish to agree to the Privacy Policy, then you must immediately discontinue your use of the Website. Your continued use of the Website or Application will signify your continued agreement to be bound by these Terms of Use including the Privacy Policy and End User License Agreement (in the case of the Application) which are incorporated herein.

The Website and Application are offered and available to users who are eighteen (18) years of age or older, and who reside in the United States or any of its territories. By using the Website or Application, you represent and warrant that you are of legal age to form a binding contract with Company and meet the foregoing eligibility requirements. If you do not meet the foregoing requirements, you must discontinue access and/or use of the Website and Application.

INTELLECTUAL PROPERTY RIGHTS

Copyright

The Website, the Application, and their respective entire contents, features, and functionality (including but not limited to all information, content, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its affiliates, or other providers of such material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and Application for your personal, non-commercial use only (with the exception of licensing dealerships). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website or Application, except as follows: your computer or mobile phone may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; you may store files that are automatically cached by your Web browser for display enhancement purposes; you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; and in the case of the Application, you may download a single copy to your computer or mobile device, subject to your agreement to be bound by our End User License Agreement for such applications, which is provided by you through your use of the Application.

You must not modify copies of any materials from this site or the Applicaiton, use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site; and you must not access or use for any commercial purposes any part of the Website or Application or any services or materials available through the Website or Application.

If you wish to make any use of material on the Website or Application other than that set out in this section, please address your request to: B&G Technologies, LLC; 41255 Technology Park Drive, Sterling Heights, Michigan 48314.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Application in breach of the Terms of Use, your right to use the Website and Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or Application or any content on the Website or Application is transferred to you (except with respect to the Application, and then only as provided in the End User License Agreement), and all rights not expressly granted are reserved by Company. Any use of the Website or Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

All rights in the trademarks, service marks, company logo(s), trade names, product names, product packaging, and designs of Company or an affiliated third party, whether or not appearing in large print or with trademark symbol, belong exclusively to us or their respective owner and are protected under United States trademark copyright laws. You must not, and expressly agree you will not, use, download, reproduce, or transmit such marks without the prior written permission of Company or the owner of the mark.

Copyright Infringement
If you believe that any content on the Website or Application infringes upon any copyright you own or control, please send written notification to us at B&G Technologies, LLC; 41255 Technology Park Drive, Sterling Heights, Michigan 48314. Your correspondence must explain the basis for the alleged infringement.

Our Marks
The following Marks and/or registered Marks are used to identify the products and services of Company:

SERVICE LANE EADVISOR

Company reserves the right to add additional Marks that identify its products and services to the Website or Application at any time, and this is may not be an inclusive list and may be updated at any time. Other trademarks, service marks and trade names that may be used on the Website to identify the products and services of other companies are the property of their respective owners. Company makes no claims to these trademarks.

CHANGES TO THE WEBSITE OR APPLICATION

We make an effort to keep the information on the Website reliable and accurate, but we do not guarantee the reliability or accuracy of any of the information on either the Website or on sites that are linked to this site or on the Application. Company also does not guarantee that the files or information available for downloading are free of infection from viruses or other harmful components.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Website or Application, and any service or material we provide on the Website or through the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Application, or the entire Website, to users, including registered users. Users are responsible for making all necessary arrangements to have access to the Website and to ensure that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To access the Website or Application or some of the resources it offers, you may be asked to provide certain registration details or other information. This information may include, by way of example and not limitation, your first and last name, your employer or dealership, your employer or dealership information, your email address, your phone number, and your physical and/or mailing address. It is a condition of your use of the Website and Application that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Website or Application, including, but not limited to, through the use of any available interactive features, is governed by our Privacy Policy and End User License Agreement and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

To access the Website, you are not required to register with us. However, certain sections, features of the Website, or additional communications from us may only be available to users who have provided certain personally identifiable information to us (“Registered Users”). All Registered Users agree to accurately maintain and update any personal information provided to us. Active users may only have one (1) Registered User account for the Website at any given time.

If you choose, or are provided with, a user-name, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by emailing us at: support@sleadvisor.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

PROHIBITED USES

You may only use the Website and Application for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Application: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (iii) to impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (iv) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website, or expose them to liability.

Further, you agree not to use the Website or Application in any manner that could disable, overburden, damage, or impair the Website or Application or interfere with any other party’s use of the Website or Application, including their ability to engage in real time activities through the Website or Application; use any manual or automated process to monitor, copy, or scrape any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; use any device, software or routine that interferes with the proper working of the Website or Application; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Application, the server on which the Website or Application is stored, or any server, computer or database connected to the Website or Application; and/or otherwise attempt to interfere with the proper working of the Website or Application.

ELECTRONIC COMMUNICATIONS

All communications that we provide to you will be (1) via email, (2) SMS text, (3) an online survey technology platform, or (4) by a designated website sent to you in an email or website notice. You are responsible for any fees imposed by your cell phone service provider even if your use of our service causes those fees to change. Company assumes no liability for any costs associated with text messages that we send to you. Any messages sent by us are also subject to any terms and conditions of your agreement with your cell phone provider. You specifically agree to receive and/or obtain “Electronic Communications” from Company. The term “Electronic Communication” includes, but is not limited to, documents, statements, data, records, and any and all federal, state, and/or local laws and regulations that we are required to notify you of. You acknowledge that, for your records, you are able to retain Company’s Electronic Communications by printing and/or downloading and saving these Terms of Use and any other agreements and Electronic Communications, documents, or records that you agree to when agreeing to these Terms of Use. By accepting these Terms of Use, you have given us your affirmative consent to provide electronic communication to you and if requested, you will provide us with a valid and current email address which we may send Electronic Communications to.

TERMINATION

We may terminate your use of the Website or Application or any of its features at any time and for any reason without notice for conduct violating these Terms of Use. Upon any such termination, you must destroy all content obtained from the Website and Application and all copies thereof. The provisions of these Terms of Use concerning the Website or Application security, prohibited activities, copyrights, trademarks, disclaimers, limitation of liability, indemnity, and jurisdictional issues shall survive any termination. You agree that if your use of the Website or Application is terminated pursuant to these Terms of Use, you will not attempt to use the Website or Application under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you shall indemnify and hold the Company, its officers, employees, and agents harmless from any and all liability that we may incur therefore.

LINKS FROM THE WEBSITE

If the Website or Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website or Application, you choose to do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

We provide this Website and Application for use only by persons located in the United States. We make no claims that the Website or Application or any of its content is accessible or appropriate outside of the United States. Access to the Website or Application may not be legal by certain persons or in certain countries. If you access the Website or Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code that may be harmful to your device(s). You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE OR APPLICATION, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE WEBSITE AND APPLICATION, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR APPLICATION, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES THE SITE AND APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, IN NO EVENT WILL COMPANY OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR APPLICATION, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITE OR APPLICATION OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATION OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors and service providers, and any and all respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and Application, including, but not limited to, any use of the Website’s or Application’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or Application.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by the laws of the State of Michigan (without regard to the rules governing conflicts or choice of laws). They contain the entire understanding and agreement of the parties relating to the subject matter. In the event that any provision of these Terms of Use is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed severed and the remainder of these Terms of Use shall remain in full force and effect. No term or condition shall be deemed waived, and no breach shall be deemed excused, unless such waiver is in writing and is executed by the party against whom such waiver or excuse is claimed.

ARBITRATION

Any controversy or claim arising out of or related to these Terms of Use or use of the Website or Application, including disputes arising from or concerning interpretation, violation, invalidity, non-performance, or termination, shall be exclusively settled through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Expedited Procedures, which may be found at https://www.adr.org/sites/default/files/Commercial%20Rules.pdf or by searching the American Arbitration Association’s website. One arbitrator shall preside over the arbitration. To the fullest extent allowed under governing law, you agree that this arbitration will only be on an individual basis, and not on a class or collective basis. In any such arbitration, Company will pay all costs unique to arbitration, except that you shall be required to pay a portion of the filing fee equal to the filing fee for a complaint filed in the state court serving your locale that would otherwise have had subject matter jurisdiction over the dispute. The locale for any such arbitration will be Southfield, Michigan.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CAUSE OF ACTION OCCURS; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, including the Privacy Policy and any other documents or policies integrated herein, constitute the sole and entire agreement between you and Company with respect to your use of the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: B&G Technologies, LLC, 803 West Big Beaver Rd., Ste 351, Troy, Michigan 48084 or email us at: support@sleadvisor.com.