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Website Terms of Use

 

Last modified: May 2026
 

1. Acceptance of the Terms of Use

These Website Terms of Use (“Terms”) are entered into by and between you (“User” or “you”) and Pencilwrench, LLC, a wholly owned subsidiary of StoneEagle F&I, Inc. (“Company,” “we,” or “us”). These Terms govern your access to and use of www.pencilwrench.com (the “Website”), including all content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

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PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, OR BY CLICKING TO ACCEPT THESE TERMS WHERE THAT OPTION IS MADE AVAILABLE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY (AVAILABLE AT HTTPS://WWW.PENCILWRENCH.COM/PRIVACY-POLICY), INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

 

The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with the Company and meet all eligibility requirements stated in these Terms. If you do not meet all of these requirements, you must not access or use the Website.

 

These Terms apply to the marketing Website only. Access to and use of the Pencilwrench software platform and associated applications is separately governed by the applicable Master Services Agreement, Software License Agreement, or other written contract between the Company and your organization (“Product Agreement”). In the event of any conflict between these Terms and a Product Agreement, the Product Agreement controls with respect to the software products.

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2. Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion. We will notify you of material changes by posting the updated Terms on this page and updating the “Last Modified” date above. For significant changes, we will make reasonable efforts to provide additional notice, such as by posting a notice on the Website.

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All changes are effective when posted. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of the changes. You are responsible for periodically reviewing these Terms. If you do not agree to the revised Terms, you must stop using the Website.

 

3. Accessing the Website and Account Security

We reserve the right to withdraw, modify, or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. We may restrict access to some or all of the Website, including to registered users, from time to time.

 

You are responsible for:

  • Making all arrangements necessary for you to access the Website

  • Ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms

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To access certain resources or features, you may be asked to provide registration details or other information. It is a condition of your use of the Website that all information you provide is correct, current, and complete.

 

If you are given or choose a username, password, or other security credential:

  • Treat such information as confidential and do not disclose it to any other person or entity

  • Notify us immediately of any unauthorized access to or use of your credentials at legal@se-fi.com

  • Ensure that you exit from your account at the end of each session

  • Use caution when accessing your account from a public or shared computer

 

We reserve the right to disable any username, password, or other identifier at any time in our sole discretion for any or no reason, including if we believe you have violated any provision of these Terms.

 

4. Analytics, Tracking, and Third-Party Tools

The Website uses certain third-party services to collect information about how visitors use and interact with our Website and software platforms. These include:

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Google Analytics: We use Google Analytics to collect usage data and Website analytics. Google Analytics uses cookies and similar technologies. You may opt out via the Google Analytics Opt-Out Browser Add-On at tools.google.com/dlpage/gaoptout.

 

Pendo: We use Pendo (provided by Pendo.io, Inc.) on our web-based software platform to collect information about how users navigate and interact with our software, including features visited, click patterns, session duration, and in-application behavior. This data is used to improve product usability, prioritize development, and deliver in-application guidance. Pendo may use cookies and similar technologies.

 

Wix: Our Website is hosted on Wix.com, which may collect technical and usage information in connection with hosting services.

 

For more information about how we collect, use, and share data in connection with these tools, including your opt-out rights, please review our Privacy Policy.

 

5. Intellectual Property Rights

The Website and all of its contents, features, and functionality — including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof — are owned by the Company, its parent StoneEagle F&I, Inc., its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

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These Terms permit you to use the Website for your personal, non-commercial informational use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Website, except:

  • Your computer may temporarily store copies of materials in RAM incidental to your accessing and viewing those materials

  • You may store files 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, provided you do not further copy, publish, or distribute such material

 

You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.

 

Trademarks

The Company name, “Pencilwrench,” the Pencilwrench logo, “StoneEagle,” “StoneEagle F&I,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company, StoneEagle F&I, Inc., or their affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

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6. User Contributions

The Website may contain areas where you may submit, post, or transmit content, including through contact forms, demo/test drive request forms, support tickets, and any other interactive features (collectively, “User Contributions”).

 

By submitting User Contributions, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display such User Contributions for purposes consistent with our Privacy Policy and these Terms, including to respond to your inquiry, provide requested services, and improve our Website.

 

You represent and warrant that you own or control all rights in and to the User Contributions you submit, that you have the right to grant the license above, and that all User Contributions comply with these Terms.

 

You agree not to submit any User Contributions that:

  • Are false, misleading, defamatory, obscene, abusive, threatening, or offensive

  • Infringe upon the intellectual property rights of any third party

  • Contain personally identifiable information of a third party without their consent

  • Constitute unsolicited commercial communications (spam)

  • Contain malicious code, viruses, or other harmful material

  • Violate any applicable law or regulation

 

We have the right, but not the obligation, to monitor and remove any User Contributions at any time for any reason in our sole discretion.

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7. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way

  • To transmit any advertising or promotional material, including junk mail, chain letters, spam, or other unsolicited communications

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity

  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm the Company or Website users

 

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of it

  • Use any robot, spider, scraper, crawler, or other automated device or process to access the Website for any purpose, including monitoring or copying material from the Website

  • Use any manual process to monitor or copy material from the Website for any unauthorized purpose without our prior written consent

  • Use any device, software, or routine that interferes with the proper working of the Website

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying functionality of the Website or any Company software

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website

  • Attack the Website via a denial-of-service or distributed denial-of-service attack

  • Frame or link to the Website in a manner that suggests affiliation with or endorsement by the Company without our prior written consent

 

8. Changes to the Website

We may update the content on the Website from time to time. However, any content on the Website may be out of date at any given time, and we are under no obligation to update it. Information on our Website is provided for general informational purposes only and does not constitute legal, financial, or professional advice.

 

9. Links from the Website

The Website may contain links to third-party websites and resources, including social media platforms, vendors, and partners. These links are provided for your convenience only. We have no control over the contents of those websites 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 third-party website linked from the Website, you do so entirely at your own risk and subject to that website’s own terms and conditions.

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10. Copyright Policy and DMCA

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe that material on the Website infringes your copyright, please submit a written notice to our designated DMCA agent containing the information required by 17 U.S.C. § 512(c)(3):

  • A physical or electronic signature of the copyright owner or authorized agent

  • Identification of the copyrighted work claimed to have been infringed

  • Identification of the material claimed to be infringing, with sufficient detail to locate it on the Website

  • Your contact information, including name, address, phone number, and email

  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

  • A statement made under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner your identity before processing your request.

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DMCA Agent:

Pencilwrench, LLC / StoneEagle F&I, Inc.

Attn: DMCA Agent / Legal Department

3400 North Central Expressway, Suite 110

Richardson, Texas 75080

legal@se-fi.com

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Counter-notification and repeat infringer policies are available upon request at the address above.

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11. Geographic Restrictions and Disclaimer

Pencilwrench, LLC is based in the United States. We provide this Website primarily for use by persons located in the United States. We make no representation that the Website or any of its content is accessible, appropriate, or compliant with applicable laws outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and you are solely responsible for compliance with your local laws and regulations.

 

12. 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. 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.

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YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE 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 THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE 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 A PARTICULAR PURPOSE.

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The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

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13. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS PARENT COMPANY STONEEAGLE F&I, INC., THEIR AFFILIATES, OR THEIR 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, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, 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.

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The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

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14. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its parent StoneEagle F&I, Inc., their affiliates, licensors, and service providers, and their 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 and costs of investigation) arising out of or relating to: (a) your violation of these Terms; (b) your User Contributions; (c) your use of the Website’s content, services, or products other than as expressly authorized in these Terms; or (d) your use of any information obtained from the Website. The Company shall have the right to control the defense of any such claim at your expense.

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15. Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

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Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and the Company agree otherwise, you may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.

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16. Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any Dispute shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

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Any legal action or proceeding shall be instituted exclusively in the federal courts of the United States for the Northern District of Texas, Dallas Division, or the state courts of Dallas County, Texas. You irrevocably waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts, including any claim that such courts are an inconvenient forum. The Company retains the right to bring any action against you for breach of these Terms in your country of residence or any other relevant jurisdiction.

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17. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

 

18. Waiver and Severability

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

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If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions continue in full force and effect.

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19. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features or services of the Website, constitute the sole and entire agreement between you and the Company regarding the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. If you are a customer or partner of the Company, your use of the Pencilwrench software platform is governed exclusively by the applicable Product Agreement between the Company and your organization, which controls in the event of any conflict with these Terms.

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20. Contact Information

This Website is operated by Pencilwrench, LLC, a wholly owned subsidiary of StoneEagle F&I, Inc. All feedback, comments, requests for technical support, privacy requests, DMCA notices, and other communications relating to the Website should be directed to:

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Pencilwrench, LLC

(A subsidiary of StoneEagle F&I, Inc.)

Attn: Legal Department

3400 North Central Expressway, Suite 110

Richardson, Texas 75080

legal@se-fi.com

Tel: (855) 937-8729

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For general client support inquiries: visit www.pencilwrench.com/client-support.

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