These Terms govern access to and use of the ValueMyTradeIn.com and Trade Accelerator services, including OEM-sponsored trade-in, lead generation, analytics, and related dealer engagement programs (the “Services”). Certain Services may also be subject to separate OEM program requirements, enrollment terms, reimbursement rules, or participation conditions.
By accessing or using the Services, Customer agrees to these Terms.
Company provides software and related services designed to assist dealerships, dealer groups, OEMs, and related partners with:
The Services may be provided directly to a Dealer or through an OEM, manufacturer, distributor, program administrator, marketing partner, or related third-party program (“OEM Program”).
The Services may be marketed or deployed under:
Subject to these Terms and payment of applicable fees, Company grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Services for Customer’s internal business operations.
Customer may not:
Company reserves all rights not expressly granted herein.
Customer is responsible for:
Vehicle values generated through the Services are estimates only, and final trade-in decisions remain the responsibility of the Dealer.
Company does not guarantee:
Dealer responsibility for consumer consent compliance applies only to communications and marketing activities directly controlled or independently initiated by Dealer.
Customer agrees to comply with all applicable privacy, data protection, advertising, telemarketing, and consumer protection laws and regulations applicable to Customer’s use of the Services and communications with consumers.
Customer represents and warrants that it has obtained all legally required disclosures and consents necessary for:
Company acts as a service provider/data processor unless otherwise specified in a separate agreement.
Customer is responsible for obtaining legally required consumer consents for Dealer-controlled communications, Dealer marketing, Dealer follow-up, and Dealer use of consumer information.
If the Services are provided through an OEM Program and the OEM Program provides or requires consumer-facing lead forms, disclosures, privacy notices, opt-in language, or consent language, the OEM Program may independently obtain or rely upon consumer consents for OEM-related communications, marketing, analytics, surveys, incentives, ownership outreach, or related program purposes.
In such cases:
Company acts as a technology provider and does not control how OEM Programs independently process or use consumer data once shared pursuant to authorized workflows.
Dealer remains responsible for compliance with applicable laws relating to Dealer-controlled communications and marketing activities.
If the Services are provided through, subsidized by, reimbursed by, co-oped through, or otherwise connected to an OEM Program:
OEM Program decisions, funding, reimbursements, certifications, and incentive determinations remain under the control of the applicable OEM Program.
OEM-sponsored Services may have different cancellation requirements, notice periods, participation terms, or billing obligations than directly billed Services.
If there is a conflict between these Terms and mandatory OEM Program requirements applicable to Customer participation, the OEM Program requirements shall control solely with respect to those program-specific obligations.
If Customer is billed directly by Company:
If Services are provided through an OEM Program:
OEM-sponsored programs may include:
Customer authorizes Company to share information with OEM Programs, manufacturers, distributors, agencies, program administrators, or authorized partners, including:
OEM Programs may use such information for program administration, reporting, analytics, incentive validation, co-op reimbursement, marketing, and program improvement.
Once information is shared pursuant to authorized OEM workflows, Company is not responsible for the OEM’s independent retention, processing, disclosure, security, marketing usage, or handling of such information.
Certain OEM Programs may provide, control, approve, host, or require OEM-approved:
Where applicable, Company may display or implement OEM-required notices and consent language.
Dealer is not responsible for the legal sufficiency of OEM-provided or OEM-controlled disclosures or consent language unless Dealer modifies, overrides, removes, misuses, or fails to properly implement such language.
Company does not independently verify the legal sufficiency of OEM-provided disclosures for every jurisdiction or use case.
The Services may integrate with CRMs, DMS providers, OEM systems, inventory providers, analytics vendors, communication platforms, advertising systems, and related third-party services.
Company is not responsible for:
Customer authorizes Company to exchange data with approved third-party systems as necessary to provide the Services.
All software, workflows, interfaces, analytics, reports, graphics, trademarks, APIs, and related intellectual property remain the exclusive property of Company and its licensors.
Customer retains ownership of:
Customer grants Company a limited license to use Customer data as necessary to:
Company will not intentionally use personally identifiable consumer data to train public AI models without authorization.
The Services may use artificial intelligence, machine learning, or automated processing tools for limited operational purposes, including:
AI-generated outputs are informational only and may contain inaccuracies. Final trade-in, pricing, and business decisions remain Customer responsibility.
Company will not intentionally use personally identifiable consumer data to train public AI models without authorization.
The Services may include OEM branding, co-branding, logos, trademarks, program references, or OEM-required disclosures.
Company may:
Nothing in these Terms grants Dealer ownership rights in Company or OEM intellectual property.
Company will use commercially reasonable efforts to maintain Service availability but does not guarantee uninterrupted or error-free operation.
Availability may be affected by maintenance, upgrades, OEM changes, third-party outages, technical failures, or internet disruptions.
Support availability and onboarding levels may vary depending upon subscription tier or OEM participation.
Each party agrees to protect confidential information disclosed by the other party using reasonable care.
Confidential information does not include information that:
To the maximum extent permitted by law, the Services are provided “as is” and “as available.”
Company disclaims all warranties, including:
Company does not guarantee:
To the maximum extent permitted by law, Company shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, or business interruption damages, including lost profits, lost sales, or lost data.
Company’s total liability shall not exceed the amounts paid by Customer to Company during the six (6) months preceding the claim.
Some jurisdictions may not allow certain limitations.
Customer agrees to defend, indemnify, and hold harmless Company and its affiliates from claims arising from:
Certain Services, pricing, incentives, integrations, support levels, or features may depend upon continued OEM participation.
Company reserves the right to modify Service functionality, remove OEM-specific features, disable integrations, alter workflows, adjust pricing, or suspend OEM-sponsored access if OEM Programs:
Company is not liable for OEM-driven changes outside Company’s reasonable control.
Any dispute arising out of these Terms or the Services shall be resolved through binding arbitration in Oakland County, Michigan under the Commercial Arbitration Rules of the American Arbitration Association.
The parties waive any right to participate in class actions or jury trials.
Either party may seek injunctive relief to protect confidential information, intellectual property, or payment obligations.
These Terms remain effective until terminated.
Either party may terminate:
Upon termination:
Company may retain backup, transactional, audit, compliance, security, and system data for reasonable operational, legal, regulatory, and compliance purposes after termination.
Dealer is responsible for exporting desired data before termination.
These Terms shall be governed by the laws of the State of Michigan, without regard to conflict of law principles.
Where required by applicable law, Canadian provincial privacy and consumer protection laws may apply notwithstanding contrary provisions herein.
Subject to the Arbitration & Dispute Resolution section above, the parties consent to venue and jurisdiction in Oakland County, Michigan.
The parties expressly acknowledge and agree that these Terms and all related documents be drafted in the English language only.
Les parties reconnaissent expressément et acceptent que les présentes modalités ainsi que tous les documents qui s’y rattachent soient rédigés en anglais seulement.
Use of the Services, execution of an order form, electronic acceptance, enrollment in an OEM Program, or continued access to the Services constitutes acceptance of these Terms.
Customer may not assign these Terms without Company’s prior written consent.
Company may assign these Terms in connection with a merger, acquisition, corporate restructuring, financing transaction, or sale of substantially all assets.
Company shall not be liable for delays, interruptions, or failures in performance resulting from causes beyond its reasonable control, including natural disasters, internet outages, utility failures, cyber incidents, labor disputes, governmental actions, third-party vendor failures, OEM Program disruptions, or other force majeure events.
Company may modify these Terms from time to time.
Continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms.
These Terms, together with any:
constitute the entire agreement between the parties.
In the event of a conflict among:
the documents shall control in the above order solely with respect to the relevant subject matter.
PowersportsTV.com, LLC
Brands: ValueMyTradeIn.com / Trade Accelerator
2550 E Desert Inn Rd, Suite #217
Las Vegas, NV 89121
Email: legal@powersportstv.com