Terms of Service

This Dealer Agreement (this “Agreement”) is a binding agreement between Octane Lending, INC, (“Octane Lending”), and the entity executing this agreement (you the “Dealer”) regarding the provision of Octane Lending’s proprietary powersports loan application platform (the “Octane Lending Platform ”) to Dealer. BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. In consideration of the foregoing, the parties agree as follows:

  1. The Octane Platform. Octane will provide Dealer with access to an on-line platform through which the Dealer can apply for loans, insurance, and warranties on behalf of their customers.
  2. License Grant. Octane Lending grants Dealer a non-exclusive, non-sublicensable, non-transferable limited license to access and use the Octane Lending Platform, for the duration of the agreement. Dealer may not use the Octane Lending Platform for anything other than its intended purpose.
  3. Confidentiality. Both Octane Lending and Dealer recognize that all information disclosed by each other under or in connection with this Agreement may be a trade secret and the property of the disclosing party. The receiving party agrees (i) to hold that information in strict confidence and to take all reasonable precautions to protect such information, (ii) not to communicate, disclose or disseminate it or any information derived therefrom to any third person, including, but not limited to, any affiliated entity, and (iii) not to make any use whatsoever at any time of it except as contemplated by this Agreement. It is the intent of the parties of this Agreement to protect the privacy and confidentiality of nonpublic personal information of the potential borrowers that Dealer obtains during the performance of the Agreement, and to comply with all applicable regulations related to privacy, including but not limited to Title V of the Gramm-Leach-Bliley Act and Parts 716 and 748 of the National Credit Union Administration Rules and Regulations. The parties acknowledge that they may both be subject to Part 682 of Title 12 of the Code of Federal Regulations (12 CFR 682), the FTC’s Disposal of Consumer Report Information and Records Rule. Both parties agree to implement policies and procedures designed to protect against unauthorized or unintentional disposal of consumer information and disposal of such information in accordance with the provisions specified in 12 CFR 682(b)(1) and 682(b)(2), including any revisions of same.
  4. Dealer Information. Dealer acknowledges that feedback concerning its experiences with the Octane Lending Platform is essential to their improvement. Dealer agrees that Octane Lending or its licensors may gather information from Dealer relating to Dealer’s use of the Octane Lending Platform, including frequency of use and nature of use, to be used in connection with evaluating and improving the Octane Lending Platform.
  5. Confidential Customer Information. Octane Lending will not sell or otherwise transfer confidential customer information without the written consent of the dealer, unless to comply with the law, for any purpose other than the submission of loan applications, insurance quotes and estimates, warranty products, and other services offered by Octane Lending inputted by dealers or customers into the Octane Lending Platform.
  6. Octane Partners and Non-Partnered Lenders. Octane lending has formal agreements with its Partners to sell their products through the Octane Lending Platform. In addition to its Partners, Octane Lending allows dealerships to submit loan applications to dealership’s existing lenders (“Non-Partnered Lenders”), lenders that Octane Lending maintains no relationship. If you chose to save your lender credentials for Non-Partnered Lenders, the credentials are stored locally on your computer, Octane Lending staff and servers cannot and will not access your lender credentials. Loan applications for Non-Partnered Lenders do not interact with Octane Lending’s servers. Octane Lending staff and servers cannot and will not access your lender website sessions.
  7. Dealer Acknowledgments. Dealer is responsible for ensuring that entering into this Agreement does not violate Dealer’s obligation under any other contract Dealer may have with a third party, including lenders, if applicable. Dealer acknowledges that Octane shall have no liability for fraudulent loans applications inputted by dealers and submitted through Octane Lending’s system. Dealer acknowledges that some or all of the Octane Lending Platform to be provided may still be under development and may have defects or deficiencies that cannot or will not be corrected by Octane Lending, its licensors or other suppliers.
  1. Termination. Octane Lending may terminate the Agreement in its sole discretion at any time with or without prior notice. Dealer’s rights under this Agreement will terminate concurrently with Octane Lending’s termination of the Agreement.
  2. DISCLAIMER OF WARRANTY. THE OCTANE LENDING PLATFORM AND RELATED SERVICES ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH DEALER. THE OCTANE LENDING PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THEY ARE FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. OCTANE LENDING AND ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONALITY OF THE OCTANE LENDING PLATFORM WILL MEET DEALER’S REQUIREMENTS OR THAT ERRORS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE OCTANE LENDING PLATFORM IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  3. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OCTANE LENDING OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES (COLLECTIVELY, THE “OCTANE LENDING GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THE TRIAL, THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE OCTANE LENDING PLATFORM. EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE ENTIRE COLLECTIVE LIABILITY OF OCTANE LENDING AND THE OCTANE LENDING GROUP AND DEALER’S EXCLUSIVE REMEDY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE TERMINATION OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY. TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT APPLICABLE FOR ANY REASON, THE LIABILITY OF OCTANE LENDING, THE OCTANE LENDING GROUP AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  4. Miscellaneous. This Agreement will be governed by and construed in accordance with the laws of the State of New York. No modification of this Agreement shall be effective unless it is in writing and signed by the party against whom enforcement is sought.

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