This website app.contology.com (the "Site") is owned and operated by Dealer Online Marketing, LLC (“DOM”), a division of Donovan Dominguez Interactive, LLC ("DDI"). These Terms of Service apply to the national version of the Site, located at app.contology.com, as well as to any versions of the Site that DOM co-brands with its affiliates and other distribution partners (collectively, "Affiliates"). You may have arrived at a co-branded version of the Site from an Affiliate's website, in which case, that Affiliate will be identified at the top of this page. By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
DOM operates the Site as an online advertising and marketing service for several vertical markets including but not limited to the automotive industry. While DOM makes every effort to represent our clients’ marketing and advertising needs to the best of our abilities, DOM does not guarantee or ensure any advertising or marketing reach or return.
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not DOM’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
You acknowledge that the Content includes certain trademarks and service marks owned by DOM, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "DOM" name and logo are trademarks of Donovan Dominguez Interactive. Other product and company names herein may be trademarks of their respective owners.
Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by DOM and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent of the law.
If you operate a website and wish to link to the Site, you must link to the Site's home page unless permission to do otherwise has been granted in writing by DOM. DOM reserves the right to reject or terminate any links to the Content or the Site.
By submitting ads, content, photos, data or other materials ("Materials") to the Site, you hereby grant to DOM and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind currently existing or developed in the future. You further grant to DOM and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.
Given the nature of the Site and the volume of messages and postings, DOM cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. DOM reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that DOM (a) will not be liable to any claims, actions or judgments arising from or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.
DOM does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the normal use of the Site. DOM and the Affiliates shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold harmless DOM, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. DOM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, SOFTWARE, CONTENT, MATERIALS, MARKETING OR RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, SOFTWARE, CONTENT, MARKETING AND LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND DOM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. DOM AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED THROUGH THE SITE. DOM CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. DOM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE DEALERSHIP PRIOR TO THE SALE OF THE VEHICLE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
DOM, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, SOFTWARE, CONTENT, MATERIALS, LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF DOM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
You understand and agree that in DOM's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and DOM may exercise any other remedy available and remove any Materials, if DOM believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of DOM, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to DOM for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that DOM post a bond. DOM is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in DOM's sole discretion, you have violated these Terms of Service.
These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. DOM may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by DOM or any Affiliate. DOM and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Miami-Dade County, State of Florida, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Florida, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by DOM to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
© 2017 Donovan Dominguez Interactive, 120 Broadus Avenue, Greenville SC 29601
There are many different ways you can use our services – to search for and share information, to communicate with other people or to create new content. When you share information with us, for example by creating an account, we can make those services even better – to show you more relevant results and ads, to help you connect with your audience or to make marketing quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.
We’ve tried to keep it as simple as possible, but if you’re not familiar with terms like cookies, IP addresses, pixel tags and browsers, then read about these key terms first. Your privacy matters to Donovan Dominguez Interactive (hereby referred to as "DDI") so whether you are new to DDI or a long-time user, please do take the time to get to know our practices.
We collect information to provide better services to all of our users – from figuring out basic stuff like what the most useful reports are, to more complex stuff like aggregated performance benchmarks.
We collect information in two ways:
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). DDI may associate your device identifiers or phone number with your DDI Account.
When you use our services or view content provided by DDI, we may automatically collect and store certain information in server logs. This may include:
When you use a location-enabled DDI service, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.
We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
Cookies and anonymous identifiers
We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect DDI and our users. We also use this information to offer you tailored content – like giving you more relevant dashboard metrics and performance benchmarks.
We may use the name you provide for your DDI Profile across all of the services we offer that require a DDI Account. In addition, we may replace past names associated with your DDI Account so that you are represented consistently across all our services. If other users already have your email, or other information that identifies you, we may show them your publicly visible DDI Profile information, such as your name and photo.
When you contact DDI, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.
We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. For example, by saving your navigation bar preferences, we’ll be able to have our services appear in the same configuration you prefer.
We may combine personal information from one service with information, including personal information, from other DDI service. We will not combine DoubleClick cookie information with personally identifiable information unless we have your opt-in consent.
Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).
Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
We do not share personal information with companies, organizations and individuals outside of DDI unless one of the following circumstances applies:
With your consent
We will share personal information with companies, organizations or individuals outside of DDI when we have your consent to do so.
With domain administrators
If your DDI Account is managed for you by a domain administrator then your domain administrator and resellers who provide user support to your organization will have access to your DDI Account information (including your email and other data). Your domain administrator may be able to:
For external processing
For legal reasons
We will share personal information with companies, organizations or individuals outside of DDI if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
We may share aggregated, non-personally identifiable information publicly and with our partners – like vendors, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.
We work hard to protect DDI and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular: