Terms of Use

IMPORTANT – PLEASE READ CAREFULLY

Terms and Conditions

Before reading the articles below, please note the following preliminary terms, which constitute an inseparable part of the Terms and Conditions, and use some of the definitions specified in Article 1 below:

Vehicle Retirement Advisor’s internet site terms and conditions are hereinafter referred to as: the “Terms of Use”. These Terms of Use govern the use of Vehicle Retirement Advisor’s website and offered services, including without limitation, any information or data embodied in or provided by Vehicle Retirement Advisor’s websites, offered services or related products. In these Terms of Use, the terms you, your or user are synonymous, and refer to the person using Vehicle Retirement Advisor’s websites, offered services and or products in any way whatsoever.

Important Notice

Before you use or visit any of Vehicle Retirement Advisor’s websites or offered services, you must read, agree with and accept all of the terms and conditions contained in the Terms of Use, which includes those terms and conditions expressly set out below and those incorporated by reference. It is your responsibility, as you read the Terms of Use, to also access and read the information contained in the other pages and websites referred to in the Terms of Use, as they constitute part of the Terms of Use and contain further terms and conditions and other information which apply to you as a customer of Vehicle Retirement Advisor and a user of Vehicle Retirement Advisor’s website.

You acknowledge and agree that by visiting, accessing or using any of Vehicle Retirement Advisor’s websites or offered services, you are entering into a legally binding contract that shall govern any use of Vehicle Retirement Advisor’s websites or offered services by you or any third party on your behalf. Further, you hereby agree to the use of electronic communication in order to enter into contracts, place orders and for the delivery or acceptance of notices, policies and records of transactions initiated or completed through Vehicle Retirement Advisor’s websites or offered services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

If you do not unconditionally agree to be bound by this Agreement, you should not use this site or use or visit any of Vehicle Retirement Advisor’s websites, offered services, and/or software.

If any limitation under any applicable law prevents or limits your ability to be bound by these Terms of Use or any part thereof, you may not visit or use any of Vehicle Retirement Advisor’s websites or offered services. By visiting or using any of Vehicle Retirement Advisor’s websites or offered services, you explicitly state that you are in full compliance of any applicable law, including without limitation, any applicable law that places a limitation on you entering into agreements or using or visiting any of Vehicle Retirement Advisor’s websites or offered services.

1. Definitions

The following capitalized terms shall have the meaning ascribed to them in this section and may be used, in the singular or plural form:

1.1. Vehicle Retirement Advisor means Vehicle Retirement Advisor and/or any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives or licensors. The Vehicle Retirement Advisor website is owned by Wipranik Enterprise LLC.

1.2. Vehicle Retirement Advisor’s websites or site or website means any and all elements, contents and the ‘look and feel’ of the website available under the domain www.vehicleretirementadvisor.com and all related sites owned, operated or controlled by Vehicle Retirement Advisor.

1.3. Vehicle Retirement Advisor’s offered services means the use of the Software, if applicable, and any of Vehicle Retirement Advisor’s related services available via any of Vehicle Retirement Advisor’s websites whether they are defined as Paid Services, as defined herein, or any other services/products provided by Vehicle Retirement Advisor.

1.4. Vehicle Retirement Advisor’s software means Vehicle Retirement Advisor’s proprietary web based software.

1.5. Terms of Use or User Agreement means this document as may be renewed, modified and/or amended from time to time.

1.6. Intellectual Property means any and all intellectual property rights, including without limitation, intangible legal rights, titles and interests, evidenced by or embodied in: (i) any invention (whether patentable or un-patentable and whether or not reduced to practice), all improvements thereto, and all patent, patent applications and patent disclosures; (ii) any work of authorship, regardless of copyright ability, copyrightable works and all copyrights; (iii) all trade secrets and confidential information; and (iv) any other similar rights, in each case on a worldwide basis.

2. License and Access

Vehicle Retirement Advisor grants you a limited license to access and make personal use of Vehicle Retirement Advisor’s websites and offered services and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of any of Vehicle Retirement Advisor’s websites or offered services or its contents; any derivative use of any of Vehicle Retirement Advisor’s websites or offered services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Any of Vehicle Retirement Advisor’s websites or offered services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any of Vehicle Retirement Advisor’s websites or offered services or any part thereof. You may not use any Meta tags or any other “hidden text” utilizing Vehicle Retirement Advisor’s name or trademarks. You are granted with a limited, revocable, and nonexclusive right to create a hyperlink to Vehicle Retirement Advisor’s website so long as the link does not portray Vehicle Retirement Advisor or any of its services including without limitation, Vehicle Retirement Advisor’s websites or its software, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of Vehicle Retirement Advisor, including without being limited to a part of a link, without the express written permission of Vehicle Retirement Advisor.

You shall not attempt to access any of Vehicle Retirement Advisor’s systems, programs or data that are not made available for public use.

3. Proprietary Information

Any of Vehicle Retirement Advisor’s websites and any of Vehicle Retirement Advisor’s offered services, and any part thereof, including without limitation logos, text graphics, texts, buttons, icons, images, videos, sounds, names, ‘look and fill’, source code and any and all Intellectual Property, embodied in the same, including, copyrights, patents, trademarks, titles, or other proprietary information and/or any techniques, algorithms, methods or processes contained in such, in whole or in part, in any form, including but without being limited to, any component, modification, extraction or development thereof made by Vehicle Retirement Advisor or you or any third party, constitute trade secrets and proprietary information of Vehicle Retirement Advisor and Intellectual Property, and are protected as such by these Terms of Use and/or by any applicable law.

You shall not make any use of the proprietary information of Vehicle Retirement Advisor and nothing in this agreement shall be construed as giving you any license or approval to do so. You shall not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any of Vehicle Retirement Advisor’s websites, offered services or software or any part thereof.
The information on the websites of Vehicle Retirement Advisor is protected by copyright: Copyright 2014 – Vehicle Retirement Advisor. All rights reserved.

4. Modifications and Updates

4.1. Vehicle Retirement Advisor has the right at any time and for any reason to modify or discontinue any aspect or feature of any of Vehicle Retirement Advisor’s websites or offered services or software, including but not limited to its content, functionality, availability or its pricing.

4.2. Without derogating from the above, Vehicle Retirement Advisor at its sole discretion, reserves the right to add additional features or functions, subtract or change any features or functions or provide programming fixes, updates and upgrades, to any of its websites, offered services or software. You acknowledge and agree that Vehicle Retirement Advisor has no obligation to make available to you any subsequent or previous versions of any of its websites, offered services or software.

5. Paid Products

5.1. You acknowledge and agree that Vehicle Retirement Advisor is a private organization and that any fee you shall be required to pay for the offered services is in return for the handling and filling of your application and is designed to cover the costs and time of Vehicle Retirement Advisor (“hereinafter: “Paid Products“). Payment of all fees and charges to Vehicle Retirement Advisor if applicable must be made by a valid credit or charge card and/or other forms of accepted payment as designated on the website. The terms for such Paid Products are as stipulated in these Terms of Use and on Vehicle Retirement Advisor’s website.

5.2. You acknowledge that Vehicle Retirement Advisor may, at its sole discretion and without prior notice, condition the use (of all users or a group of users or your use specifically) of any or all parts of its websites, offered services or software, to include payments, to exclude payments, change or modify such Paid Products, turn unpaid offered services or websites (or any part thereof) into Paid Products, and vice versa. Any and all terms and conditions in this User Agreement, including but without being limited to, any limitations or disclaimers of liability or of warranty, shall apply to the Paid Products, except if explicitly stated to the contrary in this User Agreement or in any additional terms and conditions brought to your attention prior to such payments.

5.3. Subject to the terms and conditions of the Terms of Use including, without limitation, for the payment of the fee, a user can use the offered services and software to fill in his/her information and receive a properly filled out application (not signed) via email with step by step instructions on what to do next including how to submit the application to receive up to $1,500 from the California State Department. The offered services and/or software may be used only for its intended purpose.

5.4. Subject to the terms and conditions of the Terms of Use including, without limitation, for the payment of the fee, a user can use the offered services and software to receive a step by step solution to how he/she can become eligible to apply for the vehicle retirement program and receive up to $1,500 from the California State Department. The offered services and/or software may be used only for its intended purpose.

6. Transactions, Payment Fraud and Collection

6.1. The user of the offered services is fully responsible for paying all monies owed to Vehicle Retirement Advisor. We try to provide the best possible products to all our valued customers. If you are dissatisfied in any way with our products, please contact us directly for a solution, before you consider calling your financial institution for a refund. Vehicle Retirement Advisor may, at its sole discretion, cease to provide the offered services to certain users or to users paying with certain credit cards.

6.2. Vehicle Retirement Advisor reserves the right to perform credit checks on all users with third party credit agencies, on the basis of the information provided to us in the application or by you in any other manner.

6.3. Vehicle Retirement Advisor reserves the right to use a third party electronic payment processor and/or financial institutions to process payments made by you in connection with your use of the offered services and/or software.

6.4. In any case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment, found to be fraudulent), Vehicle Retirement Advisor reserves the right to stop a user’s service, block his account, and reverse any refund made, if any. Vehicle Retirement Advisor shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments.

7. Privacy Policy

Subject to the terms and conditions of the Privacy Policy, any communication or material you post or transmit by or on any of Vehicle Retirement Advisor’s websites, through the use of the offered services and/or software shall be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit. If you object to your information being transferred or used in this way please do not use any of Vehicle Retirement Advisor’s websites or offered services.

8. No Warranties

8.1. Vehicle Retirement Advisor cannot guarantee that you shall always be able to communicate by using any of Vehicle Retirement Advisor’s websites, offered services or software, nor can Vehicle Retirement Advisor guarantee that you can communicate without disruptions, delays or communication-related flaws or that all your communication shall always be delivered. Vehicle Retirement Advisor shall not be liable for any such disruptions, delays or other omissions in any communication experienced when using the software, websites and offered services, even if such was incurred by or due to Vehicle Retirement Advisor.

8.2. Vehicle Retirement Advisor shall not be responsible or held liable for any disturbances or malfunctions that any of Vehicle Retirement Advisor’s websites or offered services or software may cause to any other software or application, or to any computer hardware system or any part thereof, including any information or data contained in such.

8.3. Vehicle Retirement Advisor may suspend any of Vehicle Retirement Advisor’s websites, offered services or software including Paid Products, or any parts thereof, for maintenance work, updates or for any other reason, or terminate any of such websites, offered services or software all at its sole discretion, without any prior notice. Vehicle Retirement Advisor shall not be liable or responsible with respect to or in connection with, such suspension or termination.

8.4. Vehicle Retirement Advisor’s websites and offered services may include a pre-release beta version of its websites and offered services which may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data.

9. No guarantee of application approval

9.1. You understand that any state’s vehicle buyback program is a based on that state’s internal evaluation procedure and therefore there is no guarantee an application will be positively answered thus there is no guarantee to receive funds for your vehicle that you intend on retiring.

9.2. Vehicle Retirement Advisor is not involved in any way in issuing any form of application approval. Choosing Vehicle Retirement Advisor’s offered services does not guarantee a better or expedited handling of your application.

9.3. Minimum eligibility requirements have been detailed and listed on Vehicle Retirement Advisor’s website. It is up to you to review the requirements and ensure that you qualify within the guidelines.

10. No Responsibility of Content

10.1. Vehicle Retirement Advisor ‘s websites and offered services and all information, content, materials, products and services included on or otherwise made available to you through any of Vehicle Retirement Advisor’s websites or offered services are provided on an “as is” basis. Vehicle Retirement Advisor and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors make no representations or warranties of any kind, expressed or implied, as to the operation of any of Vehicle Retirement Advisor’s websites, offered services or software or the information, content, materials, products or services included on or otherwise made available to you through such websites or offered services. Without derogating from the aforementioned, you acknowledge and understand that the content of the communication spread by the use of any of Vehicle Retirement Advisor’s websites, offered services or software is entirely the responsibility of the person or entity from whom such content originated. Further, Vehicle Retirement Advisor’s websites or offered services may contain links to other websites; you acknowledge and agree that the content of such is entirely the responsibility of its respective authors. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable and your linking to such websites is at your own risk and you acknowledge and agree that Vehicle Retirement Advisor shall not be liable for any type of communication spread by means of any of Vehicle Retirement Advisor’s websites or offered services.

10.2. Subject to the terms and conditions of the Privacy Statement any communication or material you post or transmit in connection with your use of the offered services will be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Vehicle Retirement Advisor the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose. If you object to your Information being used in this manner please do not register.

10.3. In this respect you should be aware that if you voluntarily disclose personal information (e.g. username, email address etc.) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.

10.4. The offered services and the website may include bulletin boards, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback to Vehicle Retirement Advisor and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, federal or international law. You will be responsible for, and indemnify and hold Vehicle Retirement Advisor harmless against any claim arising from any material that you post or transmit. Although Vehicle Retirement Advisor and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated content on the website, Vehicle Retirement Advisor is under no obligation to do so.

10.5. You acknowledge that Vehicle Retirement Advisor and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. Vehicle Retirement Advisor reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages.

11. Lawful Purposes

You acknowledge and agree to use any of Vehicle Retirement Advisor’s websites, offered services or software solely for lawful purposes. In this respect you may not, without limitation:

(a) Intercept or monitor damage or modify any communication which is not intended for you,
(b) Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble any of Vehicle Retirement Advisor’s websites, offered services, software or communication capabilities.
(c) Send any unsolicited commercial communication not permitted by applicable law, or
(d) Expose any other user to material which is offensive, harmful to minors, indecent, unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, federal or international law.

Furthermore, you declare that the source of the funds used by you to purchase Vehicle Retirement Advisor’s offered services on the website is not illegal and that you will not use the offered services, the software and/or the websites in any way that would be deemed as a money transfer system. You will not use the offered services, the software and/or the websites for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under any law.

You will be responsible for, and indemnify and hold harmless Vehicle Retirement Advisor against any claim arising from any material that you post or transmit.

12. Registration

As a worldwide standard, an IP address is allocated according to states or areas. During registration, Vehicle Retirement Advisor may utilize such allocation to identify the area you are registering/calling/connecting from (this is made without personally identifying you). Any use of any of Vehicle Retirement Advisor’s websites or offered services must be made from the area you have registered from, you may not, by any means, cause Vehicle Retirement Advisor to misidentify the area you are registering from (including without limitation by the use of proxy or any other software or service). You acknowledge and agree that not complying with such terms may cause Vehicle Retirement Advisor’s to be in violation of, or non-compliance with, any applicable law for which you shall be fully responsible for.

13. Fees & Refund Policy

The fees charged by Vehicle Retirement Advisor consist of handling fees only, and do not include any shipping fees or any other fees that may need to be paid such as vehicle registration/smog check etc.
In the event that you did not file the application form, you may ask Vehicle Retirement Advisor to consider your request for refunds. Refunds shall be given (if any) at the sole discretion of Vehicle Retirement Advisor and in any event shall not exceed the amount actually paid by you for the relevant Paid Product.
Without derogating from any provision of this User Agreement, fees paid are not recoverable if Vehicle Retirement Advisor suspects, at its sole discretion, that you are in breach of the Terms of Use, including without limitation, creating any problems with any of Vehicle Retirement Advisor’s websites or offered services or the use thereof, possible legal liabilities, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. By visiting or using any of Vehicle Retirement Advisor’s websites, offered services or software you understand and agree to the refund policy specified herein.

14. Security

Vehicle Retirement Advisor and its websites take every reasonable precaution to protect user’s information. When users submit sensitive information via the website, the information is protected both online and off-line. When users are asked to enter sensitive information (such as their credit card number) such information is encrypted and is protected with the encryption software SSL. While on a secure page, such as the payment page, the lock icon on the bottom of Web Browsers such as Microsoft Internet Explorer becomes locked.

Furthermore, the website operates by the official PCI security standards. Although we have taken significant measures to ensure the security of information submitted by using the offered services and software, Vehicle Retirement Advisor and its websites cannot guarantee the security of information collected during your use of the offered services and software and shall not be liable in any way for a compromise of your data.
If you object to your information being transferred or treated in this way please do not register.

15. User ID and Password

You are the only person authorized to use your user identification and password, and are not permitted to give other persons access to use them. You are responsible for the use of any of Vehicle Retirement Advisor’s websites or offered services under your user identification number, and for maintaining the confidentiality of your user identification number and password. For security purposes, unless otherwise noted Vehicle Retirement Advisor shall not disclose your user identification number or password if you lose or forget it other than by sending it to your email address that you provided during registration.

16. Confidential Information

Please note that with the exception of credit card numbers and other personal information that you are required to fill in the forms as part of the use of the software and/or offered services, Vehicle Retirement Advisor does not require the receipt of confidential or proprietary information from you through the website. Any non-personal information or material sent to Vehicle Retirement Advisor will be deemed to be NOT confidential. By sending Vehicle Retirement Advisor any non-personal information or material, you grant Vehicle Retirement Advisor an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Vehicle Retirement Advisor is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

17. Use of Information

Notwithstanding section 16 above, upon your registration you explicitly allow Vehicle Retirement Advisor to transmit via the Internet, telephone, facsimile or any other means of communications, commercial, promotional material and advertisements of any kind and type in its sole discretion, whether its own or of a third party. If you wish to cease receiving such material and advertisement, you may do so by notifying Vehicle Retirement Advisor.

18. Termination

Without limiting other remedies, Vehicle Retirement Advisor may limit, suspend, or terminate your use of Vehicle Retirement Advisor’s websites, offered services or software (including Paid Products) and delete your user account and/or user ID, and the use of any content or other material contained therein, at any time, with or without cause and without any recourse, with immediate effect and without any prior notice.
Vehicle Retirement Advisor shall not be liable with respect to any damage caused by or arising out of or in connection with the termination, suspension or restriction of your user account and/or user ID, and the content or other material contained therein, irrespective of the reason thereof.

19. Breach

Without derogating from or limiting Vehicle Retirement Advisor’s other remedies, Vehicle Retirement Advisor shall have the right to immediately terminate your access to or use of the software and/or offered services in the event of any activities which are in breach of this Agreement and/or conduct, which in the sole discretion of Vehicle Retirement Advisor interferes with the operation or use of the software and/or offered services.

20. Economic Basis

The limitations of damages or liability set forth in the Terms of Use are fundamental elements of the basis of the bargain between Vehicle Retirement Advisor and you. You acknowledge and agree that Vehicle Retirement Advisor would not be able to provide the offered services on an economic basis without such limitations.

21. Disclaimer of Warranties

21.1. The warranties stipulated in this Agreement, constitute the sole warranties of Vehicle Retirement Advisor and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors. Any warranties, expressed or implied, including without limitation, any warranty of merchantability or fitness for particular use or the legality of the any of Vehicle Retirement Advisor’s websites, offered services, and/or software, not expressly granted by Vehicle Retirement Advisor are hereby disclaimed.

21.2. ANY OF VEHICLE RETIREMENT ADVISOR’S WEBSITES, OFFERED SERVICES OR SOFTWARE ARE PROVIDED AS IS, WITH NO WARRANTIES WHATSOEVER; VEHICLE RETIREMENT ADVISOR AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS DO NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO ANY OF VEHICLE RETIREMENT ADVISOR’S WEBSITES, OFFERED SERVICES OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. VEHICLE RETIREMENT ADVISOR AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS FURTHERMORE DO NOT REPRESENT OR WARRANT THAT THE VEHICLE RETIREMENT ADVISOR’S WEBSITES, OFFERED SERVICES OR SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES VEHICLE RETIREMENT ADVISOR AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS WARRANT ANY SUCCSES OR ACCEPTANCE OF A VISA THROUGH ANY OF VEHICLE RETIREMENT ADVISOR’S WEBSITES, OFFERED SERVICES OR SOFTWARE.

21.3. Vehicle Retirement Advisor’s websites may allow you to access third party websites. Your access to and use of any third party websites, including any goods, services or information made available from such websites, is governed by the terms and conditions found at each third party website, if any.

22. Indemnification

22.1. You agree to indemnify, defend and hold harmless Vehicle Retirement Advisor, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors, from and against all demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred by Vehicle Retirement Advisor due to or arising out of or in connection with your visit or use of any of Vehicle Retirement Advisor’s websites, offered services or software.

22.2. You agree to defend, hold harmless and indemnify Vehicle Retirement Advisor from and against any and all liabilities, damages, actions, costs, expenses, including without limitation attorney’s fees, resulting from or arising out of any and all third party claims, including without limitation your own.

22.3. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.

23. Limitation of Liability

23.1. YOU ACKNOWLEDGE AND AGREE THAT VEHICLE RETIREMENT ADVISOR, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OR VISITING OF ANY OF VEHICLE RETIREMENT ADVISOR’S WEBSITES, OFFERED SERVICES OR SOFTWARE.

23.2. IN NO EVENT SHALL VEHICLE RETIREMENT ADVISOR, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INJURIES, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF VISITING OR USING ANY OF VEHICLE RETIREMENT ADVISOR’S WEBSITES, OFFERED SERVICES OR SOFTWARE OR INABILITY TO USE SUCH, EVEN IF VEHICLE RETIREMENT ADVISOR, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

23.3. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DAMAGE, PROBLEMS OR DISSATISFACTION IN CONNECTION WITH USING, VISITING (ETC.) ANY OF VEHICLE RETIREMENT ADVISOR’S WEBSITES, OFFERED SERVICES OR SOFTWARE IS TO CEASE USE OF SUCH WEBSITES, OFFERED SERVICES OR SOFTWARE.

If, notwithstanding the other provisions of this User Agreement, Vehicle Retirement Advisor is found to be liable to you for any damages or loss which arises out of or is in any way connected with the use of this website, offered services or software, Vehicle Retirement Advisor’s liability shall in no event exceed the lesser of (a) the amount paid by you for the offered services; or (b) $50.00. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
In any case, all warranties or guarantees given or made by Vehicle Retirement Advisor with respect to its websites, offered services and software (1) are for the benefit of registered users of the offered services that comply with the Terms of Use and are not transferable, and (2) shall be null and void if you breach any terms and/or conditions listed in the Terms of Use.

24. Laws and Regulations

Laws, regulations, and vehicle buyback application criteria can change frequently and their interpretation can vary widely based upon the specific facts and circumstances involved. You are responsible for consulting with State employees concerning your specific circumstances. Vehicle Retirement Advisor disclaims any responsibility for the accuracy or adequacy of any details specified by you and positions taken by you in your application process.

25. Governing Law & Dispute Resolution

You agree that all matters relating to your access to or use of the website, offered services and software, including all disputes, will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to the personal jurisdiction by and venue in the Beverly Hills Courthouse and waive any objection to such jurisdiction or venue. Any claim under the User Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Vehicle Retirement Advisor and you arising out of or in connection with your use of the website, offered services or software the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

26. Miscellaneous

26.1. These Terms of Use set forth Vehicle Retirement Advisor’s entire liability and your exclusive remedy with respect to any use of or access to any of Vehicle Retirement Advisor’s websites, offered services or software, and is a complete statement of the agreement between you and Vehicle Retirement Advisor.

26.2. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

26.3. These Terms of Use does not limit any rights that Vehicle Retirement Advisor may have under trade secret, copyright, patent or other laws. The employees of Vehicle Retirement Advisor are not authorized to make modifications to the Terms of Use, or to make any additional representations, commitments, or warranties binding on Vehicle Retirement Advisor, except for those made in writing signed by an authorized officer of Vehicle Retirement Advisor. If any provision of the Terms of Use is invalid or unenforceable under applicable law, then it shall be, to the minimal extent possible, deemed omitted and the remaining provisions will continue in full force and effect.

26.4. Vehicle Retirement Advisor may, at its sole discretion, amend the Terms of Use at any time by posting the amended Terms of Use on Vehicle Retirement Advisor’s website. Any amended Terms of Use shall govern new user registrations from the date that it is posted on Vehicle Retirement Advisor’s website. Existing users shall be bound by the amended Terms of Use after the expiry of 14 days following the date of a Notice and your continued use of the software following such date shall mean that you accept and agree to the amendments.

26.5. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vehicle Retirement Advisor without restriction and without notice.

26.6. The original English version of the Terms of Use may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of the Terms of Use, the English language version shall prevail.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING ANY OF VEHICLE RETIREMENT ADVISOR’S WEBSITES, OFFERED SERVICES OR SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT VEHICLE RETIREMENT ADVISOR THE RIGHTS SET FORTH HEREIN.