XchangeValue Terms and Conditions
The trade-in values, tax savings estimate, depreciation costs, maintenance costs and total cost to keep are dealer-provided for information and educational purposes only. Your vehicle's final trade-in value, potential tax savings (if any), depreciation costs, maintenance costs and total cost to keep are determined by the dealer after inspection and are affected by vehicle condition, mileage, vehicle history and repairs, needed vehicle repairs, your location, dealer location and other factors.
1. XchangeValue Terms of Service
XchangeValue.com ("XchangeValue", "us", "we", "our") provides its products and services subject to these Terms of Service ("Terms"). By using XchangeValue or any of the services it provides,
you agree to the following Terms:
These Terms may be updated by us at any time. Please revisit this page often and review the Terms. In addition to these Terms, when using any XchangeValue owned or operated services, you may also be subject to any additional posted guidelines applicable to such services.
XchangeValue provides you with access to Third Party Used Car Values and associated estimated vehicle tax, depreciation costs, and maintenance costs data from various sources. The Service also may include advertisements, which are necessary for XchangeValue to provide the Service to you. Unless explicitly stated otherwise, any new features that we may add to XchangeValue will also be subject to these Terms, and any other special terms of service referenced in the new feature.
2. Personal Use
You may make personal use of all of the information you access on XchangeValue ("Information"), but you may not take any of the Information and reformat and display it, or copy it on your Web site or in any other format, and you may not store or migrate any of the Information or other data from XchangeValue without XchangeValue's written permission. By using the Service, you agree not to sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from, or otherwise exploit any of the Information content or data related to any portion of the Service. You may print a copy of particular vehicle values and prices and use the Information for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on XchangeValue. If you want to make commercial use of the XchangeValue Information or Services, you must enter into an agreement with us to do so in advance.
3. Feedback, and Other Contributions to XchangeValue.com
By submitting ideas, survey responses, suggestions, documents, comments, and/or proposals ("Contributions") to XchangeValue through its surveys, "contact us", XchangeValue, or suggestion or feedback Web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) XchangeValue is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) your Contributions automatically become the property of XchangeValue without any obligation of XchangeValue to you and XchangeValue shall be entitled to use, copy, modify, or disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Contributions for any purpose, in any way, in any media worldwide; (d) XchangeValue may have something similar to theContributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from XchangeValue under any circumstances for your Contributions.
XchangeValue does not purchase vehicles; rather, it is entirely at the sole discretion of the dealer the values and offer to purchase or accept your vehicle for trade-in purposes. the XchangeValue values are for use at dealers or other entities who have paid XchangeValue or an affiliate to utilize the XchangeValue product and associated software. The values shown are valid for 3 days’ post submission including holidays and days that dealer’s o affiliated entities are closed for business.
Your Vehicle must pass a mandatory vehicle inspection by a Participating Dealer. If the inspection report differs from your description or online assessment of your vehicle's condition, the Participating Dealer may adjust the Offer amount, which may mean decreasing the Offer amount. Participating dealers are not owned or operated by, nor are they affiliated with or acting on behalf of, either XchangeValue or its affiliates. XchangeValue, and their affiliates expressly disclaim any liability resulting from an adjustment of the Offer or refusal to accept the vehicle by Participating Dealer(s).
The XchangeValue product is not available in all areas and not all vehicles are eligible. The XchangeValue Program may not be used to sell or to trade in certain categories of vehicles at XchangeValue's discretion, including, without limitation: commercial vehicles; vehicles subject to recall or investigation by a government agency; vehicles with a police, fire, livery or taxi history; reconstructed or salvage vehicles; vehicles without a valid Vehicle Identification Number (VIN); vehicles not originally built for the United States market or that were imported illegally or outside of official manufacturer channels (i.e., "gray market" vehicles); vehicles with altered drivelines or bodies or illegal or non-functioning emissions equipment.
Not all vehicles will work with the XchangeValue product, and as such, must be evaluated by the dealer at the dealer’s sole discretion.
The Information You Provide in Connection with Your trade; You acknowledge that if you provide us with any false, incomplete or inaccurate information, including, without limitation, vehicle information or personal contact information, your XchangeValue use and delivered data may be immediately suspended and invalidated. By requesting values and data, you agree that we at XchangeValue, our service providers, and participating Dealers may contact you, by any method that you supplied for your contact information, about vehicles or other products and services that may be of interest to you. By supplying a mobile number, you consent to receive calls or texts at that number, whether manually or automatically dialed, from us and from Participating Dealers. You do not have to provide us with a mobile number as a condition of obtaining trade values or associated data from XchangeValue.
Participating Dealers pay a monthly subscription to participate in and receive leads through the XchangeValue product. Information provided through the XchangeValue product are calculated and generated by proprietary methods and calculations/algorithms intended to generate values reflecting current and future vehicle and market conditions. Participating Dealers are not owned or operated by, nor are they acting on behalf of, XchangeValue, and, except as described herein, are not otherwise affiliated with XchangeValue.
Although Participating Dealers are not obligated to purchase your vehicle or accept your vehicle for trade for the values shown on the XchangeValue product/software, you are welcome to try to negotiate a more favorable price or trade-in amount for your vehicle and, of course, you are always free to sell or trade your vehicle to any dealer or private party at your complete discretion.
Participating Dealers will typically conduct a vehicle inspection to verify the accuracy of the vehicle description and condition information that you provided to us online. This verification inspection may include, for example, paint thickness measurements, a road test, a mechanical inspection, and a review of vehicle history reports and disclosure statements regarding flood, salvage, or odometer discrepancies (including rollbacks), and the like. All decisions of the Participating Dealer regarding the condition of your vehicle will be final.
Release. BY USING THIS SERVICE, YOU AGREE NOT TO SUE XCHANGEVALUE, ITS AFFILIATES, ITS SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF ANY VEHICLE TRADE OR SALE OR XCHANGEVALUE TRANSACTION THAT YOU ENTER INTO WITH A DEALER IN CONNECTION WITH THE XCHANGEVALUE PRODUCT AND SERVICES. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF SUCH A TRANSACTION, YOU AGREE TO LOOK SOLELY TO YOUR PARTICIPATING DEALER FOR YOUR REMEDY AND NOT TO THE RELEASED PARTIES.
To obtain access to certain services from XchangeValue (for instance, access to a XchangeValue products and services, you may be required to register on the XchangeValue product. As part of the registration process, you will be required to enter some personal information. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through the service being suspended, discontinued, or removed. We reserve the right to disallow use of a name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your information and for all actions of persons accessing XchangeValue product through any username/password assigned to you. You will notify XchangeValue's Customer Service Department of any known or suspected unauthorized use of your information via email.
7. Modifications and Termination of Service
XchangeValue reserves the right to, at any time and from time to time, to modify, update, suspend or discontinue all or part of the Service for any reason with or without notice to you. All terminations will be made in XchangeValue's sole discretion and you agree that XchangeValue will not be liable for any termination of your use of or access to the Service.
8. Your Dealings with XchangeValue Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that XchangeValue will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
9. Links to Other Websites
XchangeValue provides links to other Web sites. You acknowledge and agree that, because XchangeValue has no control over such sites, we are not responsible for them or the resources and information they contain. In particular, we are not responsible for the availability of services related to another Web site that has a link on XchangeValue; we do not necessarily endorse such sites, and we are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that XchangeValue will not be liable for any loss whatsoever for any damages caused by or incurred in connection with the use of or reliance on the information, goods or services available through any such site.
10. XchangeValue's Proprietary Rights
You acknowledge and agree that the Service and all materials on XchangeValue, contain proprietary information and data that is protected by applicable copyright, trademark and other intellectual property laws (XchangeValue's "Proprietary Information"). All materials on XchangeValue websites and services, including such Proprietary Information, may only be used for personal, non-commercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from XchangeValue unless and until you have obtained our prior written consent. The Proprietary Information covered by this prohibition includes, without limitation, the software programming and HTML and other code contained in the Web site, XchangeValue Vehicle Values, XchangeValue Pricing information, compilations of vehicle specifications, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on XchangeValue.
11. Use of XchangeValue Logos
You agree that all of the XchangeValue Marks are the property of XchangeValue, and agree that you will not use the XchangeValue Marks without XchangeValue's prior written permission.
12. No Illegal Use
As a condition of your use of and access to XchangeValue, you agree not to use the Services for any unlawful purpose or in any way that violates these Terms. You also agree not to use the Services in any way that could damage, disable, overburden, or impair XchangeValue or any XchangeValue server, or the associated networks, or interfere with any other party's use and enjoyment of any Services.
13. Dispute Resolution – Mandatory Arbitration and Class Action Waiver
Arbitration Agreement: YOU AND XCHANGEVALUE AGREE THAT ANY CLAIMS OR DISPUTES ("Claims") THAT ARISE OUT OF OR RELATE IN ANY WAY TO THESE TERMS, XCHANGEVALUE, OR THE SERVICES (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
Class Action Waiver: YOU AND XCHANGEVALUE AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor XchangeValue may participate in a class or representative action in court as a class member if the Claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or XchangeValue. To be clear, you and XchangeValue both waive any right to participate in any class action involving disputes between us.
Arbitrator Authority: The arbitrator's authority is governed by this arbitration agreement. You and XchangeValue agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by these Terms (including the limitations of liability set forth in Section 16), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with XchangeValue. An arbitrator may award attorneys' fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
Arbitration Procedures: You and XchangeValue agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures ("JAMS"). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. XchangeValue will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys' fees unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, If you bring an arbitration against XchangeValue, the arbitration hearing will be held in the home office area of XchangeValue, unless we both agree on a different location.
Survival: This arbitration agreement survives the termination of these Terms between you and XchangeValue.
14. JURY TRIAL WAIVER.
You and XchangeValue expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
15. Disclaimer of Warranties:
You Expressly Understand and Agree That:
Your use of the Service is at your sole risk. XchangeValue provides the Service to you on an "as is" and "as available" basis. XchangeValue and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
XchangeValue and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material accessed, purchased or obtained by you through the Service will meet your expectations; and (v) any errors will be corrected.
All material and information obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the accessing of any such material.
No advice or information, whether oral or written, obtained by you from XchangeValue or its affiliates or partners through or from the Service shall create any warranty whatsoever.
Vehicle valuations and other values are opinions and may vary from vehicle to vehicle. Actual valuations are based upon current available information and analysis of market conditions, and will vary depending on specifications, vehicle condition or other particular circumstances pertinent to a particular vehicle or the transaction or the parties to the transaction. XchangeValue assumes no responsibility for the accuracy of vehicle values and associated costs and no responsibility for errors or omissions.
16. Limitation of Liability
You expressly understand and agree that XchangeValue and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if XchangeValue has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained or received or transactions entered into as a result of your use of the Service; (iii) statements or conduct of any third party related to the Service; or (iv) any other matter relating to the Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply.
17. Indemnity and Release
When you use XchangeValue, you are agreeing to indemnify XchangeValue, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the XchangeValue Web site, your use of the Service, or your submission of Contributions as set forth in Section 4 above. By using XchangeValue you are agreeing to release XchangeValue and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors from any and all claims, fees, costs, damages and obligations of any kind whatsoever that you may have against them arising out of or in any way related to such claims or obligations and to any disputes regarding use of ideas and/or related materials submitted to XchangeValue. You hereby agree to waive all laws that may limit such releases. For example, you specifically agree to waive the provisions of California civil code section 1542, which provides:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which is known by him must have materially affected his settlement with the debtor."
18. Changes and Updates to These Terms of Service
XchangeValue may occasionally update or change these Terms, so we encourage you to view them often. Your continued use of the Service constitutes your agreement to these Terms and any updates.
19. General Information
Choice of Law. The Terms and the relationship between you and XchangeValue shall be governed by the laws of the State in which XchangeValue home office resides at the time without regard to its conflict of law provisions.
Waiver and Severability of Terms. The failure of XchangeValue to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Entire Agreement. The Terms constitutes the entire agreement between you and XchangeValue and governs your use of the Service, superseding any prior Terms with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other XchangeValue services, affiliate or third-party services.
Statute of Limitations. You agree that any claim, demand, or cause of action arising out of or related to the Service or your access or visit to XchangeValue or these Terms must be filed by you within one (1) year after such claim, demand, or cause of action arose, or it is forever barred.
20. Reporting Violations to the Terms
Please report any violations of the Terms to XchangeValue customer service.