The following terms and conditions (these "Terms") govern your use of Tekion Corp’s ("we", "our", or "Tekion") payment services ("Services"). By accessing or using our Services or by clicking "accept" or "agree" to these Terms, (1) you acknowledge that you have read, understand, and agree to be bound by these Terms, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using our Services.

1. Payment Processor. We will designate one or more service providers to process your payments in connection with our Services. Your use of the payment processor will be subject to the payment processor’s terms, conditions and policies, including the processor’s privacy policy. Currently, Stripe Inc. ("Stripe") is our designated payment processor. We are not liable to you for any losses or damages you may incur from the acts or omissions of the payment processor.
2. Use of Payment Data. Stripe will securely store your payment data according to their privacy notice, which is separate and distinct from our privacy notice. We are not responsible for any losses or damages that may arise from Stripe's storage or use of your payment data. By using our Services to make a payment, you acknowledge and accept Stripe's terms governing the storage and use of payment data.When you use our Services, we receive a token from Stripe instead of your actual credit or debit card details (e.g., your card number, CVV, and billing information). This token allows us to facilitate your payments without your actual card information.

We only use your tokenized payment data ("Data") to help facilitate your payments. We will not use your Data for any other purposes without your express consent.

For more information on other data that we may collect from you through our Services, please see our privacy notice.

1. Privacy and Data Sharing. We will not share your Data with any third parties, except as (i) required by applicable law, (ii) your explicit consent, and (iii) as required by our contractual obligations with our dealership and automotive manufacturer customers. We will only share your Data with trusted partners who are bound by similar confidentiality and security obligations.For more information on how we share other data that we may collect from you through our Services (e.g., IP address), please see our privacy notice. Please note that we are a service provider (or, where applicable, a data processor) to our dealership customers. To exercise any privacy rights that you may have under applicable law, please contact the dealership through which you accessed our Services.
2. Data Storage and Security. We will securely store your Data in our database, using appropriate technical and organizational measures designed to protect against unauthorized access, use, disclosure, or destruction.
3. Data Retention. We will retain your Data for only as long as necessary to (i) facilitate transactions that you requested, (ii) to comply with applicable legal and regulatory requirements, and where required, (iii) to comply with our contractual obligations to our dealership and automotive manufacturer customers. Where we keep your Data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.Please see our privacy notice for more information on when and why we retain your personal information and other data.
4. Disclaimer of Warranties. YOU UNDERSTAND THAT USE OF OUR SERVICES IS AT YOUR OWN RISK AND TEKION CANNOT GUARANTEE THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. OUR SERVICES, ALL TEKION CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH OUR SERVICES, ARE PROVIDED TO USER ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TEKION EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. TEKION DOES NOT WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT TEKION WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH OUR SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. TEKION SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TEKION.THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5. Release. The dealership ("Dealers") and/or automotive manufacturers ("Manufacturers") utilizing our Services are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs ("Claims") suffered by you as a result of your interaction with or visit to any Dealer or Manufacturer or from any promotion, offer, product or service of any Dealer or Manufacturer. You must resolve all disputes directly with the Dealer or Manufacturer. To the maximum extent permitted by applicable law, you hereby release Tekion and its subsidiaries, officers, employees, and affiliates (collectively, the "Tekion Parties") from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Tekion Parties pertaining to the subject matter of this Section. This release shall not apply to any damage arising from our willful misconduct or gross negligence, nor shall it apply to damage from injury to life, body, or health.
6. Indemnification. You agree to indemnify and hold us and our affiliates, employees, officers, directors, agents and contractors harmless from any and all Claims, including reasonable attorneys’ fees, that arise from any third-party claim due to or arising out of: (i) your use of our Services, including any claims related to the storage and use of your Data, (ii) your breach or alleged breach of these Terms, (iii) your violation of applicable law, including but not limited to, infringement of third-party intellectual property rights, (iv) any action we take pursuant to your instructions, or (v) your other actions or omissions that result in liability to us. We reserve the right, at your expense, to assume the exclusive defense and control for any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims.
7. Limitation of Liability. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE TEKION PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF OUR SERVICES, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF OUR SERVICES), OR (4) YOUR VISIT TO ANY DEALER OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY DEALER IN CONNECTION WITH OUR SERVICES. THE LIMITATION OF LIABILITY IN THIS AGREEMENT SHALL NOT APPLY TO ANY DAMAGE ARISING FROM OUR WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, NOR SHALL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY, OR HEALTH.
8. Choice of Law. These Terms are made under and shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction and/or country of residency.
9. Changes to these Terms. We reserve the right to update these Terms at any time without prior notice. Your continued use of our Services after any changes have been made constitutes your acceptance of the updated Terms.
10. Severability. If any of the provisions, or portions thereof, of these Terms are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, these Terms shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
11. Assignment. These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by Tekion.
12. Waiver. Any waiver of any provision of these Terms, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.