Last updated and effective as of October 18, 2023
TradeVantage LLC (“TradeVantage,” “we,” “us,” or “our”) provides certain vehicle resale guarantee, online automotive information and communications platform, and related services (collectively the “Services”) that can be accessed from or through this website (this “Website”).
These terms and conditions, together with the policies referred to on this page, are an agreement (these “Terms and Conditions” or this “Agreement”) between TradeVantage and all those who access, visit, and/or use our Website or Services, whether acting as an individual or on behalf of an entity, including you and all persons, entities or digital engines of any kind that harvest, crawl, index, scrape, spider or mine digital content by an automated or manual process or otherwise (collectively, “you” or “your”), and govern the terms on which you may make use of the Website and any of our Services, whether as a guest or a enrolled user.
Please read these Terms and Conditions carefully before you purchase or use the Services.
Your Express Consent to Communications
Further, you are consenting to us contacting you using all channels of communication and for all purposes (including collection purposes), using all contact information you provide to us, even if your telephone number is registered with any state or federal Do No Call list. You also give your consent to us and any other owner or servicer of your account contacting you about your account, including using email, text messages, any automatic telephone dialing system and/or an artificial or prerecorded voice when contacting you, even if you are charged for the communication under your phone plan. You are responsible for any charges for contacting you that may be billed to you by your communications carriers. You acknowledge that telephone calls between you and TradeVantage or any of our affiliates, agents, assigns, and/or service providers (collectively “our Partners”) may be monitored and/or recorded, and you agree and consent to such monitoring and recording.
Your consent remains in effect until you give us notice that you are withdrawing it. Please be aware, however, that withdrawal of your consent may result in the termination of:
- your access to our Services, and
- your ability to use certain TradeVantage Products.
Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. You may also opt out of automated calls or text messages, by replying STOP to any text message you receive. You acknowledge and agree that you may receive a text message confirming that you have opted out. To opt out of automated or prerecorded telephone calls from TradeVantage, call (305) 728-3275.
You must keep your email or electronic address current with us, and promptly notify us of any change to it. You must email us at support@TradeVantage.com to update your contact information and change the email address on record.
To receive Electronic Records, you must have access to all the following hardware and software: a Current Version of an Internet browser; a connection to the Internet; a Current Version of a program that accurately reads and displays PDF files (such as Adobe® Acrobat® Reader); a computer and an operating system capable of supporting all of the above; and an active email address. You may also want to have a printer and/or electronic storage.
If we provide Electronic Records to you, and you want a paper copy, you may contact us and request a paper version.
Your consent to receive automated and/or prerecorded marketing calls/texts is not a condition to your purchase or your use of the Services, or use of the Website for informational purposes.
You should contact us by email at support@TradeVantage.com if you are opting out of calls or texts at any time, or if you believe any material on our Website is inaccurate, or if you have any other questions.
We reserve the right to modify these Terms and Conditions at any time, effective upon posting an updated version of these Terms and Conditions on the Website. When we make a revision, the date at the top of this page will reflect the effective revision date. Continued use of the Website after any such changes shall constitute your consent to such changes. You should check this Website from time to time to review the current Terms and Conditions.
By accessing or using any part of this Website and/or any of the Services, you will be deemed to have accepted these Terms and Conditions in full, and you agree to abide by these Terms and Conditions regardless of whether you choose to enroll for a TradeVantage account or use our Services. If you do not agree to these Terms and Conditions, you are not authorized to (i) use this Website, (ii) use our Services or (iii) enroll for a TradeVantage account. You acknowledge that you have read these Terms and Conditions and agree to be bound by this Agreement and all applicable laws, rules and regulations associated with your use of this Website and the Services, and you agree not to use the Website or any of our Services for any unlawful purpose. Additional terms may apply to our Website and/or our Services, including your use of the Resale Guarantee Service (as defined below) or any promotion or program appearing on our Website.
1. Enrollment for a TradeVantage Account
In order to access certain features of this Website or to obtain certain use of the Services you are required to enroll for a TradeVantage account. These certain features include (i) purchasing the vehicle resale guarantee service (the “Resale Guarantee Service“) as described more fully in the Additional Terms for the TradeVantage Resale Guarantee Service section of these Terms and Conditions, and/or (ii) obtaining the TradeVantage Buying services, as described more fully in the Additional Terms for the TradeVantage Buying Service section of these Terms and Conditions (the “TradeVantage Buying Service”).The Resale Guarantee Service and the TradeVantage Buying Service are separately and collectively referred to herein as your (“TradeVantage Account”).
You may incur an enrollment fee for opening your TradeVantage Account; additional charges or fees may also apply.
You are responsible for maintaining the confidentiality of your TradeVantage Account and password, and are fully responsible for all activities that occur under or in connection with your TradeVantage Account. You agree to immediately notify us in writing of any unauthorized use of your TradeVantage Account or any other breach of security in connection therewith. We are not liable for any loss or damage arising from your failure to comply with this section or the Agreement generally.
2. Additional TradeVantage Account Enrollment Terms
To enroll in a TradeVantage Account you must be at least eighteen (18) years of age. When enrolling, we require you to provide us with certain information about yourself and any vehicle you enroll. To enroll, you agree to: (i) provide true, accurate, current, and complete information about yourself and any vehicle you enroll as prompted by the enrollment process; and (ii) inform us immediately of any changes to the information you provided when enrolling by updating your personal details or vehicle details in order that we can communicate with you and effectively provide the Services. You may not impersonate, imitate, or pretend to be somebody else when enrolling an account or vehicle with us. We shall have no liability associated with or arising from your failure to maintain accurate, complete, or up to date enrollment information, including without limitation your failure to receive time sensitive or otherwise important information.
We may suspend, disable, or delete your TradeVantage Account (or any part thereof) if we determine that you have violated any provision of this Agreement, or that your conduct could cause damage to our reputation or goodwill. If we delete your TradeVantage Account for the foregoing reasons, you may not re-enroll for a TradeVantage account.
For further information on the enrollment process in connection with the Resale Guarantee Service, or the Resale Guarantee Service generally, please see the additional terms for the TradeVantage Resale Guarantee Service section of these Terms and Conditions.
3. Availability and Access to the Website
We do not guarantee that the Website, or any content on it, will always be available or uninterrupted, and we will not be liable for any reason if the Website is unavailable at any time or for any period. The public or enrolled member’s access to the Website may be suspended temporarily and without notice in the case of a system failure, maintenance, repair, or for any other reasonable cause, determined solely at TradeVantage’s discretion. You are responsible for configuring your own information technology, computer programs, platforms, mobile phone and other devices to access the Website.
This Website is controlled and operated from offices within the United States. We make no representation that information or materials available on this Website are appropriate or available for use in other locations. Access to this Website from territories where its contents are illegal is strictly prohibited. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
You will not: (i) attempt to interfere with the proper working of the Website or monitor use of the Website without our prior written permission; (ii) take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure; or (iii) circumvent, disable or otherwise interfere with security-related features of our Website including any features designed to prevent, limit or restrict use or copying of any materials.
5. Reliance on Information
All information provided on our Website is for informational purposes only. You acknowledge that the materials on our Website are not intended to address your particular situation or requirements and do not constitute any form of advice or recommendation by us. Any information you receive from our Partners is provided directly to you by such third-party and is not provided by TradeVantage. You acknowledge that the Website should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decision, and professional advice should be obtained before making any such decision. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you.
Any information provided by our Partners regarding the availability, quality, or safety of vehicles is not guaranteed or controlled by TradeVantage, and TradeVantage assumes no responsibility for the foregoing. Any discrepancies or mistakes made regarding vehicle availability, condition, pricing, and the like are not the responsibility of TradeVantage and should be directed to our Partners or appropriate third-party vendor. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle or the purchase of any other products or services.
We make reasonable efforts to update the information and content on our Website. However, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website has been modified or updated.
6. Right to Deny Access and to Modify or Terminate the Services
TradeVantage reserves the right to deny use of, or access to, the Website or any of the Services to you and/or anyone for any or no reason. TradeVantage also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that TradeVantage shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (or any part thereof). Notwithstanding the foregoing, if TradeVantage discontinues the Services entirely, and you are an enrolled user as of the date of such discontinuance, you will have 30 days from discontinuance to make a Resale Request (as defined below) pursuant to these Terms and Conditions and the additional terms for the TradeVantage Resale Guarantee Service.
7. Trademark Information and Intellectual Property
You agree that any and all of TradeVantage’s trademarks, trade names, service marks, logos, brand features, and product and service names are the property of TradeVantage or our licensors, and that you will not display or use any of the foregoing without TradeVantage’s prior written approval in each instance. You agree that the Website and the Services contain proprietary information protected by applicable intellectual property and other laws in favor of TradeVantage.
This Agreement does not transfer to you any intellectual property owned by TradeVantage or third parties, and all rights, titles, and interests in and to such property will remain (as between you and TradeVantage) solely with TradeVantage. Your use of our Website and Services grants you only the rights expressly set forth herein and does not grant you any right or license to reproduce or otherwise use any TradeVantage or third-party intellectual property.
You further agree that content and information presented to you through the Website, or your use of any Services, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. All such rights are reserved. We or our licensors, as and if applicable, are the owner of all intellectual property rights on the Website, the material published on the Website and provided through the Services.
Absent prior written consent, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, inform or promote that others, directly or indirectly, distribute, reproduce, modify, store, transfer, recirculate or make any commercial, advertising, promotional, or marketing use of the Website, the materials on the Website, or the Services, including without limitation the images, text, trademarks, trade names, service marks and other brand identifiers of us, our licensors, and/or service providers obtained on or through the Website or through the Services, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, us or the Website.
For the avoidance of doubt, you will not: (i) publish or disseminate unsolicited or unauthorized advertisements or promotional materials on our Website or through our Services; (ii) falsely state, represent or imply any affiliation, association or connection between any person or entity, including without limitation you, your company or your site, application, destination or service, with the Website, our Services, us or our licensors and/or service providers; (iii) decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces within our Website (except to the extent permitted by law); (iv) use any network monitoring or discovery software to determine our Website architecture or extract information about usage, individual identities, or users; or (v) publish or disseminate material on our Website or through our Services that does or may infringe the rights (including intellectual property rights) of any third party or that is unlawful. The information and materials displayed on our Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without TradeVantage’s express prior written consent.
You will not post to our Website or use our Services to provide access to any link that takes a user to material that contravenes any of the restrictions set out above, or for any other purpose.
8. Viruses, Hacking and Other Offenses
You must not misuse our Website or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. We use reasonable efforts to ensure that our Website does not contain or promulgate any viruses or other malicious code. However, we do not guarantee that our Website will be free from bugs, viruses or malicious code, and we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, other devices used to access the Website or Services, data or other proprietary material due to your use of our Website or Services, or on any website linked to our Website.
9. Advertisements and Links to Other Sites
During use of the Website or our Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase or promotion between you and any such third party.
The Website may contain links to other websites. These links are provided solely as a convenience to you. We do not approve nor endorse the content of linked third party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.
10. Linking to Our Website
You may link to the homepage of our Website only, provided you do so in a way that is legal and does not damage our operations or our reputation. In linking to our Website, you must not: (i) replicate the home page of our Website or create a frame or any other browser or border environment around our Website; (ii) imply any endorsement, association or approval by us, unless you obtain our prior written consent; (iii) misrepresent your relationship with us; (iv) use any logos or trademarks displayed on our Website without our express written permission; (v) link from a website that is not owned by you; or (vi) link from a website that contains content which would contravene this Agreement or that infringes the intellectual property rights of any person or does not comply with all applicable laws and regulations. If you wish to make any use of material on our Website other than that set forth above, you must email your request to support@TradeVantage.com and refrain from doing so until you receive our prior written consent.
You agree to indemnify, defend and hold harmless TradeVantage and each of our Partners and each of our and their respective members, officers, directors, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, causes of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, actual or alleged, known or unknown, suspected or unsuspected, disclosed and undisclosed (collectively, “Claims”), which may arise out of or are directly or indirectly related to or connected with (i) your access, visitation and/or use of the Website and Services, including any information or content you submit, post, transmit, modify or otherwise make available through the Website and Services, (ii) your unauthorized use of content obtained on the Website or through the Services, (iii) your breach or alleged breach of this Agreement, or (iv) any of your acts or omissions in connection with the Services or the Website, and/or in violation of law or the rights of any third party.
12. Limitation of Liability and Disclaimer of Warranty
To the fullest extent permitted by applicable law, in no event will Indemnitees be liable to any person for any indirect, incidental, special, punitive, exemplary or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of data, information and/or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if an Indemnitee has been advised as to the possibility of such damages or could have foreseen such damages, arising out of, or in connection with, the Services, including all information or content on or otherwise related in any way to this Website or any third-party website or service linked to or from this Website, or any vehicle referenced therein. Without limiting the foregoing, any information and content downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk. To the maximum extent permitted by applicable law, the aggregate liability of Indemnitees relating to the Services will be limited to any amounts actually paid in cash or with a credit card by you to TradeVantage.
You agree that your use of our Website or Services is solely at your own risk. You agree that our Website and Services are provided on an “as is”, “with all faults” and on an “as available” basis.
WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED ON THE WEBSITE OR SERVICES PROVIDED BY US, THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE WEBSITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR OUR SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE USED TO ACCESS THE WEBSITE OR SERVICES, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST INDEMNITEES ARISING OUT OF YOUR USE OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, including your enrollment or use of the Services, to another person, without our prior written consent, which consent shall be at our sole discretion. Any such assignment or transfer without our consent shall be null and void. Under no circumstances may you transfer your enrollment or use of our Services to another vehicle. We may assign any of our rights or obligations hereunder, in whole or in part, to any third-party.
14. Governing Law and Venue
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the laws of Florida, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
15. Waiver and Severability
No failure or delay by us to exercise any right or remedy provided in these Terms and Conditions or by law shall constitute a waiver by us of that or any other right or remedy, nor shall it prevent or restrict the further exercise by us of that or any other right or remedy. No single or partial exercise of any right or remedy by us shall prevent or restrict the further exercise of that or any other right or remedy. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the relevant provision shall be deemed modified to the minimum extent necessary to make it valid, and the invalidity of such provision will not affect the validity of the remaining provisions of the Terms and Conditions which will remain in full force and effect.
16. Equitable Relief
Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms and Conditions by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance, or other equitable relief for any threatened or actual breach of these Terms and Conditions.
ANY DISPUTE ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS OR THIS AGREEMENT SHALL BE REFERRED TO AN ARBITRATOR TO BE APPOINTED JOINTLY BY TRADEVANTAGE AND YOU WITHIN THIRTY (30) DAYS OF EITHER PARTY NOTIFYING THE OTHER PARTY IN WRITING OF ITS INTENTION TO ARBITRATE A CLAIM (THE “NOTICE”). IF THE PARTIES CANNOT AGREE ON A SINGLE ARBITRATOR, EACH PARTY SHALL SELECT THEIR OWN ARBITRATOR AND NOTIFY THE OTHER PARTY IN WRITING OF SUCH SELECTION WITHIN THIRTY (30) DAYS OF THE NOTICE. THE TWO ARBITRATORS SHALL THEN MUTUALLY APPOINT AN UMPIRE WITHIN THIRTY (30) DAYS OF THE SECOND ARBITRATOR’S APPOINTMENT. THE UMPIRE SHALL SIT WITH THE ARBITRATORS AND SHALL PRESIDE OVER THEIR ARBITRATION MEETINGS. EITHER PARTY MAY SUBMIT A CLAIM TO THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IF THE PARTIES CANNOT AGREE ON AN UMPIRE, OR IF THE CLAIM IS NOT RESOLVED WITHIN SIX (6) MONTHS OF GOOD FAITH EFFORTS, FOLLOWING THE DATE OF THE NOTICE. THE MAKING OF AN AWARD BY THE ARBITRATOR, ARBITRATORS, OR THE UMPIRE, AS THE CASE MAY BE, SHALL BE A CONDITION PRECEDENT TO ANY OTHER RIGHT OF ACTION (OTHER THAN A REFERRAL TO AAA) AGAINST TRADEVANTAGE. ARBITRATION SHALL TAKE PLACE IN THE STATE IN WHICH YOU RESIDE.
18. Additional Terms for the TradeVantage Resale Guarantee Service
If you use or participate in the Resale Guarantee Service, the following additional terms and conditions shall apply:
In order to enroll a vehicle and utilize the Resale Guarantee Service, you must open a TradeVantage Account, pay an enrollment fee of six hundred dollars ($600.00) (“Enrollment Fee”) for each vehicle or submit a valid coupon code from one of our Partners, and provide us with certain information, including without limitation your full name, email address, the state your vehicle is registered to in the United States and other vehicle information such as its make, model, year and VIN. Enrollment in the Resale Guarantee Service automatically enrolls you in the TradeVantage Buying Service. Please note that there are separate, additional terms and conditions associated with the TradeVantage Buying Service, which are also set forth herein. Your Enrollment Fee is payable in the manner set forth on the enrollment form. You shall pay all fees or charges to your TradeVantage Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We reserve the right to modify the TradeVantage Resale Guarantee Services and the TradeVantage Buying Services and pricing at any time. TradeVantage reserves the right to deny enrollment of a user for any reason. For further information in connection with enrollment terms please see the “Enrollment for a TradeVantage Account” section of these Terms and Conditions.
After successful vehicle enrollment in your TradeVantage Account (including TradeVantage’s receipt of payment and acceptance of such enrollment) and for any time thereafter so long as you are the registered owner of the vehicle, you are eligible to make a resale request for the purchase of your vehicle (excluding certain types of “Restricted Vehicles”) from us (the “Resale Request”).
You may make a Resale Request by logging into your TradeVantage Account and navigating to the “Request To Sell Your Vehicle” section. When you make a Resale Request, you must be the registered owner of the vehicle, have actual physical possession of the vehicle, the vehicle must be located in the contingent United States, and have the ability to transfer valid title. When you make a Resale Request, you will be prompted to complete a vehicle questionnaire which will require information and photographs of the vehicle including, without limitation, information about any prior accidents, enhancements to the vehicle, photographs of the odometer, etc. (the “Vehicle Questionnaire”).
By making a Resale Request, you agree that we and/or our Partners may use the personal contact information you provided, including your telephone number and email address, to communicate with you about the Resale Guarantee Service or other products and services that may be of interest to you.
Upon submission of the Vehicle Questionnaire, TradeVantage will review it for accuracy and completeness. The Vehicle Questionnaire will be evaluated to determine whether the vehicle is eligible to receive one hundred ten percent (110%) of Kelley Blue Book (or its successor or other reasonable industry equivalent) (collectively “KBB”) Trade-in Value (the “KBB Trade-in Value”). In the event that the enrolled vehicle does not have a published KBB Trade-in Value, TradeVantage will make commercially reasonable efforts to make a Conditional Offer (defined below) based on an equivalent value.
In determining whether the vehicle is eligible to receive 110% of KBB Trade-in Value, TradeVantage will use the condition category as “Good” unless photographs provided by you, or the vehicle’s inspection indicates otherwise. TradeVantage will use the five-digit zip code you provided when you enrolled your vehicle with TradeVantage to determine 110% of KBB Trade-in Value. Certain deductions from the standard 110% KBB Trade-in Value may be made for items or occurrences in connection with the vehicle such as: condition, accidents, mileage, failing to have possession of two sets of keys to the vehicle, undisclosed paint work, etc. TradeVantage may also deduct for “special circumstances” as defined by KBB including but not limited to unusual vehicle color and excess inventory. In the event that KBB’s “special circumstances” calculations lag the actual market conditions, based on TradeVantage’s good faith estimates and current data, TradeVantage reserves the right to adjust for excess inventory. TradeVantage also reserves the right to not process a Resale Request and/or to deduct from the standard 110% of KBB Trade-In Value for any current model year vehicle (or any vehicle that has been purchased within the last twelve (12) months). TradeVantage also deducts an industry standard reconditioning fee of seven hundred and fifty dollars ($750.00) (the “Reconditioning Fee”).
As soon as reasonably practical after completion of the evaluation process, TradeVantage will either: (i) deliver an offer (the “Conditional Offer”) to you for one of our Partners to purchase your vehicle, subject to final vehicle inspection (the “Conditional Offer Email”) or (ii) inform you that we have declined to extend a Conditional Offer and provide instructions on next steps (“Decline Email”).
If we do not extend a Conditional Offer, the Decline Email will explain how you may request a refund of any Enrollment Fee (or a portion thereof) you paid directly for such vehicle enrollment (“Refund Option”). If you did not pay the Enrollment Fee (or a portion thereof) directly through the Website, because our Partners paid the fee at the time you purchased your car, or if you received a coupon code for use on our Website, then you are not eligible for any refund.
After you have submitted a Resale Request, and you do not accept the conditional offer made by TradeVantage, you agree that TradeVantage has fulfilled its contractual obligation to you. All Conditional Offers are subject to physical inspection and verification of the vehicle by one of our Partners, as well as the terms of, and your full compliance with, these Terms and Conditions and any other related applicable terms. Upon receipt of a Conditional Offer, you have seven (7) days, and up to three hundred (300) additional miles on your vehicle to accept such an offer. You will be solely responsible for delivering the vehicle to our Partners for inspection pursuant to the instructions included in the Conditional Offer Email.
Upon delivery of the vehicle to our Partners, our Partners will conduct a mandatory vehicle inspection to confirm the vehicle description and condition information that you provided through the Resale Request and the Vehicle Questionnaire. This confirmation inspection may include, for example, paint thickness measurements, a road test, a mechanical inspection, and review of vehicle history reports and disclosure statements regarding flood, salvage, and/or odometer discrepancies (including rollbacks). In the event that the inspection reveals material misrepresentations and/or inconsistencies in the vehicle condition identified by you, we may rescind the Conditional Offer or may provide a revised Conditional Offer to you based on the actual condition of the vehicle as determined through the inspection. In the event we rescind the Conditional Offer due to material misrepresentations and/or inconsistencies in the vehicle condition identified by you, no refund shall be owed to you by TradeVantage. You acknowledge and agree that we have no involvement in, or liability in connection with, the inspection of your vehicle. You are under no obligation to sell your vehicle to TradeVantage or our Partners at any time.
19. Exclusion of Certain Restricted Vehicles
The Resale Guarantee Service may not be used to sell certain categories of restricted vehicles, including but not limited to: commercial vehicles; vehicles owned or leased by a government entity or agency, vehicles with a police, fire or livery history; motorcycles; recreational vehicles; reconstructed or salvage vehicles; vehicles without a valid VIN; vehicles with altered drivelines or bodies; vehicles with illegal or non-functioning emissions equipment; flood, hail or fire damaged vehicles; vehicles with substantial mechanical or electrical damage; and any other category of vehicle (collectively a “Restricted Vehicle”), that we, in our sole discretion believe may adversely impact the operation or reputation of the Resale Guarantee Service. If you solicit a Conditional Offer for any Restricted Vehicle using the Resale Guarantee Service, you may not receive an offer for such vehicle and, in the event that you do erroneously receive a Conditional Offer for such vehicle, you acknowledge and agree that such offer is not valid or enforceable.
In addition to any other terms set forth herein to receive a Conditional Offer: (i) you must be the registered owner of the vehicle in question; (ii) you must possess a valid driver’s license or other form of valid government-issued photo ID; (iii) you must provide accurate, complete, and truthful personal contact information and responses to all questions included in the Vehicle Questionnaire, including those relating to the description and condition of your vehicle; (iv) the vehicle must be located in the contingent United States; and, (v) unless otherwise agreed, you must deliver your vehicle, with a valid registration and either clear and unencumbered title in your name, or complete documentation regarding any lease obligations or liens on your vehicle (including, for example, contact information for your lender or leasing company, relevant account information, and the current loan payoff amount or lease early termination fee for your vehicle).
You acknowledge that if you provide any false, incomplete, or inaccurate information, including vehicle information or personal contact information, your Conditional Offer may be rescinded and/or canceled by TradeVantage. You are responsible for the information contained in the Vehicle Questionnaire, the content of all communications you transmit through or in connection with the Resale Guarantee Service, and any other information you provide to us or our Partners.
For the avoidance of doubt, TradeVantage is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor is TradeVantage a provider of, or broker, or agent for, other automotive-related products or services offered by third parties.
20. Additional Terms for the TradeVantage Buying Service
If you use or participate in the TradeVantage Buying Service, the following additional terms apply:
In order to enroll and utilize the TradeVantage Buying Service, you must open a TradeVantage account, pay an enrollment fee of six hundred dollars ($600.00) (“Enrollment Fee”) or submit a valid coupon code from our Partners, or have enrolled in the TradeVantage Vehicle Resale Guarantee Service. Enrollment in the Buying Service automatically enrolls you and one vehicle for the TradeVantage Resale Guarantee Service, subject to the additional terms and conditions for the TradeVantage Resale Guarantee Service. You must also provide us with certain information including, without limitation, your full name, email address, phone number, and address. Your Enrollment Fee is payable in the manner set forth on the enrollment form. You shall pay all fees or charges to your TradeVantage Account in accordance with the fees, charges, and billing terms that are in effect at the time such fee or charge is due and payable. We reserve the right to modify the Services and/or our pricing at any time. TradeVantage reserves the right to deny enrollment of a user for any reason. For further information in connection with enrollment terms, please see the Enrollment for a TradeVantage Account section and the Additional TradeVantage Enrollment Terms section of these Website and Services Terms and Conditions.
Beginning immediately after successful enrollment with TradeVantage (including receipt of payment by TradeVantage and acceptance of such enrollment by TradeVantage) and for any time thereafter, so long as you are the enrolled in your TradeVantage Account, you are eligible to make a request to find your desired vehicle (“Buying Service”).
You may make a request for the Buying Service by logging into your TradeVantage Account and navigating to the section entitled, “Request To Buy A Vehicle.” When you enter the Request to Buy a Vehicle section, you will be prompted to submit your contact information. Our customer service department will contact you to complete a questionnaire describing your desired vehicle specifications including vehicle type, desired make and model, year, color, options, etc. (the “Spec Sheet.”)
By making the Request to Buy a Vehicle, you agree that we or our Partners may use the personal contact information you provided, including your telephone number and email address, to communicate with you about the Buying Service or other products and services that may be of interest to you.
Upon submission of the Spec Sheet, TradeVantage will review it for accuracy and completeness. As soon as reasonably practical after completion of this review process, TradeVantage will send your Spec Sheet to our Partners. Our Partners will review the Spec Sheet and prepare an offer for you, which will include the characteristics of the potential vehicle that match your Spec Sheet, the manufacturer’s suggested retail price, and the final price of the potential vehicle (collectively “Vehicle Offer Package”). Multiple Partners may submit a Vehicle Offer Package to TradeVantage based on your Spec Sheet. TradeVantage will then send you the Vehicle Offer Package that most closely matches your Spec Sheet. Within seven (7) calendar days of your receipt of the Vehicle Offer Package, you may then accept or decline the Vehicle Offer Package. If you accept the Vehicle Offer Package, TradeVantage will email you the location of our Partner with the identified vehicle, and the name and contact information of the sales representative who will assist you with your purchase.
The TradeVantage Buying Service may not be used to purchase certain categories of restricted vehicles, including but not limited to police, fire or similar entities; motorcycles; recreational vehicles; and any other category of vehicle described herein as a Restricted Vehicle.
For the avoidance of doubt, TradeVantage is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor is TradeVantage a provider of, or broker or agent for, other automotive-related products or services offered by third parties.
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