Login  |  About Us  |  Membership  |  Contact Us
If you are not a registered user and would like to become one, please register now.

As a user of this online trading system, you agree to the following Terms of Service of use:


DMEX Terms of Service & Tutorial

In this Agreement, "the customer" refers to the individuals, corporations or parties who are the account holders, have an interest in the account(s) and sign this Agreement.

1. Parties. This Agreement is entered into between Dealernet, Inc®. ("DMEX") and Customer(s) ("Customer") submitting by click on the "I AGREE" button below.

2. Purpose of Agreement. This Agreement provides for the establishment of an account for Customer with Dealernet Inc. for the purchase, sale, and storage of commodities and shall apply to all such transactions between Customer and Dealernet Inc.

3. Acknowledgment of Risk. Because of the unpredictable nature of the commodities markets, the purchase and sale of commodities involve a high degree of risk and are not suitable for all persons. Customer represents that he has read and understands this Agreement and represents that he is aware of the nature and extent of his rights and the risks involved under this Agreement.

4. Establishment of Account.

a. Upon execution of this Agreement by the parties above, an account will be established by Dealernet Inc in the name of the Customer. Customer may deposit good funds to be held on account by Dealernet Inc and Customer may also request that any cash balances be refunded to him or her.  

b. Dealernet Inc. will maintain adequate procedures to ensure the confidentiality of all account information. All passwords are confidential, and Customer agrees to be fully responsible for all activities under Customer's password including, but not limited to, all orders entered into the electronic trading systems.

c. Dealernet Inc. may, from time to time, amend, change or modify the Terms of Service set forth in this Agreement. Dealernet Inc. will post such amendments, changes or modifications on the DealernetB2B Internet web site, www.DealernetB2B.com, or may otherwise cause the Terms of Service to be delivered to customer. Customer's continued account activity, whether conducted via the Internet or other means, constitutes Customer's agreement to be bound by such amendments, changes or modifications to these Terms of Service. Dealernet Inc. may justifiably rely upon such account activity as evidence of the acceptance of any such amendments, changes or modifications. Dealernet Inc. shall not be bound by any verbal representations.

d. Dealernet Inc. shall send all mail to Customer's address as it appears on customer's account or at any other address as Customer may direct. Any such communications sent by mail, email, telegraph, messenger or otherwise, will be considered personally delivered, whether or not Customer actually receives it.

5. Terms of Purchase, Sale and Delivery.

a. Purchase Price. If commodity is purchased through DMEX as a limit order, purchase price shall be the limit price or better as available on the DMEX marketplace. Shipping, handling, and clearing fees will apply as discussed below in this agreement.

b. Credit Report. If Customer requests Dealernet Inc. to extend credit to Customer, Customer agrees that Dealernet Inc. has the right to obtain a current consumer report in connection with this application, the renewal of Customer's account, or a change in Customer's credit line; and that Dealernet Inc. has the right to report to others its credit experience with Customer. Upon Customer's request, Customer will be informed whether or not such a report was requested, and if so, the name and address of each agency which furnished this report.

c. Delivery to Customer. Upon request from Customer to exchange their shares for physical delivery of a listed product, Dealernet Inc. shall, as agreed, insure delivery of the commodities to Customer's stated account address. 

Dealernet Inc. shall ship to Customer within 7 days, all of the commodities (boxes) purchased, to be held for Customer except as noted on the item description during the initial trading period (31 days) or in the case of products trading prior to release from the factory the earliest date to request product will be 31 days after official release date.

d. Payment. Customer payments to Dealernet Inc. may be made by personal check or Bank wire. Dealernet Inc. may expand or limit the form of acceptable payment at any time. Customer payments which do not constitute immediate "good funds," e.g., personal checks, may be deemed good funds for personal delivery purposes 12 business days after receipt by Dealernet Inc. or upon Depository clearance, whichever is later. Customer acknowledges that funds received by Dealernet Inc. from Customer will be credited to his account at 5:00 p.m., Eastern Time, on the day of receipt.

6. Clearing, Shipping, Service and Handling Charges.

a. Clearing Charge. There will be no clearing fees for purchasing or selling commodities at this time.

b. Shipping and Handling Charges. Shipping and handling charges apply upon personal delivery of commodities to Customer. Shipping and handling charges within the continental United States will be $50 per request. Additional fees may apply for shipments outside the continental United States or if any special arrangements are necessary. Customer will be notified when placing the shipping order of the exact amount of shipping and handling.  

c. Adjustment of Charges. Dealernet Inc. reserves the right to change prospectively at any time and at its sole discretion the rate of any of its commissions, shipping or handling fees.

7. Discretionary Authority and Authorized Customer Orders.

a. Discretionary Authority. Dealernet Inc. and its Account Representatives shall neither accept nor exercise any authority to direct or control purchases or sales in Customer's account; provided however, this provision shall not limit in any way Dealernet Inc.'s right under paragraphs 10 and 11 of this Agreement.

8. Limit Orders. On the DMEX platform, Dealernet Inc. will accept orders for purchases or sales of commodities to be executed at prices which are higher or lower than market prices. Such orders may be placed only under Dealernet Inc.'s DMEX program. Unless otherwise specified, limit orders are effective as good until cancelled by Customer. However, they may be canceled early. Limit orders will only be fulfilled if another Customer agrees to the price requested or a better price.

Customer may cancel a limit order that has not been fully or partially filled at any time. A forced liquidation by Dealernet Inc. of any existing position in Customer's account due to insufficient equity or default will cancel pending limit orders for that account.

Dealernet Inc. reserves the right to refuse acceptance of a limit order from Customer at any time. Existing limit orders may be canceled by Dealernet Inc. at any time.

Limit orders may be placed only on the preceding terms.

9. Customer Acknowledges:

Investments in commodities involve risk as well as opportunity. Market prices are volatile and unpredictable and may be affected by a variety of factors including, among others, general economic conditions, fluctuations in production and demand, stock-piles, speculative activity and the degree of concern people have about these matters. It is impossible to forecast accurately how or to what degree these or other factors will affect prices.

Investments in commodities should only be made with discretionary funds and not with monies necessary to cover or produce an investor's day-to-day living expenses.

What is suitable for one customer with a given financial means may not be suitable for the investment goals or emotional makeup of a second customer of the same means. Before Customer chooses to invest, Customer must determine in Customer's own mind Customer's ability to understand the investment and to meet all financial commitments to be made. Customer must also determine Customer's ability to accept, among other things, when purchasing on credit or borrowing commodities, that Customer may be called to provide substantial additional funds and that some or all of Customer's collateral may be foreclosed upon without advance notice. Persons with limited investment experience or low incomes or assets should be particularly sensitive to the risk and requirements involved in commodity investing.

Dealernet Inc. may not be able to contact Customer at all times that Customer would like. These and other circumstances may make it impossible at times for Dealernet Inc. to stay in close touch with Customer concerning Customer's account. Therefore, it is Customer's responsibility to monitor Customer's account and to stay in touch with Dealernet Inc. concerning your account and market conditions. Do not wait to be contacted.

Any representations that Customer will be notified or that Customer's commodity will be sold at particular price levels if the market turns against Customer are not authorized by Delaernet Inc. and may not be relied upon.

Neither Dealernet Inc. nor its representatives can guarantee any market movement.

Dealernet Inc. will rely upon instructions and orders given by Customer on Dealernet Inc.'s Internet site. Once a trade is placed by Customer and accepted by Dealernet Inc, a contract is created.   

Customer's account with Dealernet Inc. is self-directed. This means Customer makes and is responsible for all trading decisions for Customer's account. If Customer ever believes that a transaction has been entered for Customer's account with Dealernet Inc. that has not been authorized by Customer, or that a transaction has been accepted by Dealernet Inc. for Customer's account and has not been executed by Dealernet Inc, Customer will immediately notify Dealernet Inc's Compliance Department by email at admin@dealernetb2b.com and immediately confirm such notification in writing to Dealernet Inc at PO Box 78, Richboro, PA 18954. If Customer fails to make such notification on the business day on which the event first became known to Customer, Customer waives all right to contest such order, matter or omission and Customer's account will stand, as in, as of the end of such business day.

Tax consequences of transactions with Dealernet Inc. are the sole responsibility of Customer.

10. Security Agreement.  

a. Dealernet Inc. Rights and Remedies. Upon default under this Agreement, Dealernet shall have, in addition to all other rights and remedies conferred on Dealernet Inc. hereby, all rights and remedies of a secured party under the jurisdiction of the Commenwealth of Pennsylvania. .

11. Acceleration Upon Default. Upon default by Customer, Dealernet Inc. may, at its election, declare any or all of Customer's obligations immediately due and payable.

12. Miscellaneous.

a. Notices. All communications shall be sent to Dealernet Inc at admin@dealernetb2b.com or PO Box 78, Richboro, PA 18954 and to Customer at the address set forth by submitting to this Agreement or such other address subsequently provided to Dealernet Inc by Customer in writing. All communications given by Dealernet Inc to Customer by mail shall be effective 48 hours after deposit in the United States mail, postage prepaid, or upon receipt, whichever is earlier; if hand delivered, when delivered to Customer's address; if telephonic, at the time of such phone conversation or facsimile transmission; if telegraphic, when deposited with a public telegraph company for transmittal, charges prepaid; or if by e-mail, when the e-mail is sent to the e-mail address provided by Customer.

b. Force Majeure. In the event of adverse conditions in the market place or other factors beyond the control of Dealernet Inc, including, but not limited to, acts of God, national emergencies, adverse governmental actions, or suspension of trading of any items on DMEX, or the delivery of the commodities underlying such contracts, or the failure or delay of suppliers, the maximum time for delivery of such commodities may be extended indefinitely during the period of such adverse circumstances. Dealernet Inc will not be responsible for delays or failures in the transmission, receipt or execution of orders, payments, deliveries or information due to the incapacity or failure of computer, transmission or communication facilities which are beyond the control of Dealernet Inc.

c. Possible Equipment Failure - Transactions executed through the Dealernet Inc. system are at risk from the potential interruption or failure of the Dealernet Inc. computer system. In that event, it might not be possible to enter new orders or to cancel existing orders for some time. In addition, a system interruption or failure could result in the existing queue being lost. Under such circumstances, it will be necessary for orders to be re-entered, and each one will be given priority according to the price and time at which it is re-entered into the system. Because of this, a customer may designate when an order is placed whether it is to be purged from the system failure.

d. Entire Agreement. This Agreement constitutes the entire and whole Agreement among its parties and is intended as a complete and exclusive statement of the terms of their agreement. This Agreement may be amended only upon execution of a subsequent agreement between the parties or upon Customer's failure to object, within 10 days, to modifications contained in written material sent to Customer by Dealernet Inc.  This Agreement shall supersede any oral representations between the parties.

e. Individual Authority of Customer. Any party accepting this Agreement as Customer is authorized to deal fully with the account opened hereunder, for purposes of placing orders, receiving funds or commodities or otherwise. Any action taken by any such party shall be binding on all other parties with an interest in that account. Each such party shall hold Dealernet Inc. harmless for relying hereon. All obligations of Customer under this Agreement are joint and several.

f. Waiver. Failure to exercise or delay in exercising any right, power or remedy hereunder by Dealernet Inc. shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy of Dealernet Inc. hereunder preclude any other or future exercise thereof or the exercise of any other right, power or remedy.

g. Depository Indemnification. Customer agrees that Depository may act upon any instruction received from Dealernet Inc. concerning delivery, transfer, sale or disposition of commodities held by Depository on Customer's behalf. Customer further agrees to indemnify the Depository from any liability to Customer for actions taken by Depository in conformity with such instruction.

h. Governing Law. This Agreement is entered into in accordance with and shall be governed by Pennsylvania; provided that, if any Pennsylvania law shall dictate that the laws of another jurisdiction be applied in any proceeding, such Pennsylvania laws shall be superseded by this paragraph and the remaining laws of Pennsylvania shall nonetheless be applied in such proceeding.

i. Location of Legal Proceedings. Any proceeding brought by Customer relating to this Agreement shall be commenced in Bucks County, Pennsylvania.

j. Waiver of Jury Trial. By signing this Agreement, Customer waives Customer's right to a jury trial and agrees to pursue matters solely before a judge or magistrate with respect to any claim, action or proceeding brought by Customer against Dealernet Inc., its representatives, Customer, agents or affiliates, past or present, concerning any transaction between Customer and Dealernet Inc, or the construction, performance or breach of this or any other agreement between Customer and Dealernet Inc.

k. Assignment. The provisions of this Agreement shall be continuous and shall insure to the benefit of Dealernet Inc, its successors and assigns, and shall be binding upon Customer and/or the estate, personal representatives, administrators and successors of Customer. Dealernet Inc. may assign its rights and delegate its duties as to any or all transactions under this Agreement. Customer shall not delegate any obligations hereunder without the prior written consent of a duly authorized officer of Dealernet Inc, and any attempt at such delegation without such consent shall be void.

l. Transaction Charges. Customer agrees that to the extent that any finance or other charges imposed by Dealernet Inc. are held to be in excess of those allowable under any law, such charges shall be reduced to the legal maximum.

m. Severability. In the event that any provisions of this Agreement shall be determined by a court of competent jurisdiction to be unenforceable in any jurisdictions, such provisions shall be unenforceable in that jurisdiction and the remainder of this Agreement shall remain binding upon the parties as if such provisions were not contained herein. The enforceability of such provisions shall otherwise be unaffected and remain enforceable in all other jurisdictions.

n. Obligations Due in U.S. Currency. Customers shall pay all obligations owing under this Agreement in the currency of the United States of America.

o. Taxpayer I.D. Number. Customer certifies under the penalties of perjury that the Taxpayer Identification Number (Social Security Number) or Employer Identification Number that has been provided is correct and that Customer has not been notified by the Internal Revenue Service that he is a "payee under-reporter" under section 3406(a)(1)(c) of the Internal Revenue Code.

p. Termination. Dealernet Inc. has the right to terminate the terms of this agreement upon 2 days notice to Customer.

I AGREE       
 
(to activate your account, click the button and then enter the account owners name in the e-mail form)