Effective Date: December 20, 2018
Thank you for your interest in this online powersports information and communications platform (the "Site"). This Site is maintained by PowersportsTV.com, LLC ("PSTV"). PSTV is amongst the world's foremost aggregators of "in-market" shopper intelligence, providing data to original equipment manufacturers and dealers. We encourage you to read the following terms governing your use of and purchase of products from the Site. By using the Site or by providing personal information to us, you agree to be bound by these Terms of Service set forth below (the "Terms").
This Site consists of an online platform where consumers can request a trade-in value on their vehicle. By using this Site and any related services offered on this Site, you agree and understand:
When used in these Terms, PSTV shall include any parent companies, affiliates, directors, officers, and employees.
These Terms are a legally binding agreement between you and PSTV. Please read them carefully.
Modifications to these Terms
From time to time, we may change the Terms that govern your use of our Site and any related services. Your continued use of our Site following any such changes to these Terms constitutes your agreement to follow and be bound by the terms as changed. When such a modification is made, we will post a revised version of the Terms on this Site. Changes will be effective when they are posted. PSTV is not required to provide you with notification that any such change has been made.
Except as otherwise indicated, information on this Site is protected by copyright in the United States of America and in other countries. PSTV and its parents owns and/or uses with permission all worldwide right, title and interest in and to the Site and its Contents. Unless otherwise specified (see the Limited Disclaimer of Copyright below), no one has permission to copy or republish, in any form, any information found on this Site.
The posting of information or other materials to this Site does not constitute a waiver of any proprietary right in such information and materials (such as, but not limited to, copyright, service marks, trademarks, trade dress, trade names, or other intellectual property) and does not transfer any rights to a user of the Site or any other third party, except as expressly provided herein.
Service Marks and Trade Marks
PSTV, PowerSportsTV, Trade Accelerator, ValueMyTradeIn.com are trade dress, service marks and/or trademarks of PSTV Company.
Copyright, Limited Disclaimer of Copyright, Digital Millennium Copyright Act
Any authorized person may view the information and incidentally create an electronic copy of the information available from this Site for informational, non-commercial purposes only. No part of the information at this Site can be otherwise redistributed, copied, or reproduced in any form without prior written consent of PSTV.
Certain powersports content displayed within this website Copyright NADA Guides, Inc and are protected under the United States and international copyright law. Any unauthorized use, reproduction, distribution, recording or modification of this content is strictly prohibited.
In accordance with the Digital Millennium Copyright Act of 1998 (see www.copyright.gov for full text), PSTV will respond to claims of copyright infringement committed using the Site when such claims are reported to PSTV. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright and believe your or such owner's copyright has been infringed by an improper posting or distribution via this Site, please report the infringement by sending an email to the copyright agent at firstname.lastname@example.org.
You agree any Submission you make to the Site does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, if any Submission contains your or any other person's name, likeness, voice or biographical information ("Personally Identifiable Information"), you grant and will cause the other person to grant to PSTV a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Identifiable Information for any advertising, sharing with a dealer and/or OEM to put you in touch with such entity, or marketing of PSTV's products in any medium. You agree to indemnity and hold harmless PSTV against any losses, liabilities, claims and expenses (including attorneys' fees) arising from your use of this Site, your Submission and any Personally Identifiable Information contained therein.
You further agree that the Submission you submit to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and remain solely responsible for the content of any of your Submissions. Electronic transmissions to and from this Site are not confidential and may be read or intercepted by others.
CAN-SPAM, Telephone Consumer Protection Act and Similar Law
Your use of this Site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act and all other applicable law that addresses unsolicited commercial communications. By visiting this Site and using its features, you agree that we, our agents or third parties to whom we provide your information may call, text (SMS), e-mail, or otherwise communicate with you regarding the sale or lease of motor vehicles.
By visiting the Site and using the services, you give to us and/or our third party partners the right to contact you and to attempt to sell you one or more vehicles. This includes, without limitation, packaging your information and providing it, for compensation or otherwise, to persons who purchase and/or repurchase your packaged information as a sale's lead. You grant your permission for us to do this (and to do all other things reasonably necessary to accomplish this purpose) and for one or more recipients of the information to try to sell you a vehicle. The uses of your information are not limited to sales of motor vehicles.
Disclaimer of Warranties
THIS INFORMATION IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY ARISING OUT OF THE COURSE OF DEALING OR TRADE.
PSTV MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SITE OR MATERIALS CONTAINED ON THE SITE OR THE SERVICES IT PROVIDES, INCLUDING ANY RELATED INFORMATION, TECHNICAL ASSISTANCE, REPRESENTATIONS OR GRAPHICS. PSTV ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OUR OMISSIONS IN THE CONTENT OF THE SITE OR SERVICES IT PROVIDES. PSTV SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SITE.
REFERENCE TO PSTV AND ITS SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS, SERVICES OR PUBLICATIONS WITHIN THE PSTV SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. PSTV MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER OR PRODUCTS OFFERED ON THE SITE OR ANY RELATED SERVICE INCLUDING THE QUALITY OF ANY VEHICLE LISTING AND/OR SERVICES OFFERED. PSTV SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the disclaimer of warranties or the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.
This Site could include technical inaccuracies or typographical errors. PSTV assumes no liability to any injury, whether financial or other, that arises from a technical inaccuracy or typographical error.
Limitations of Liability
By accessing the Site or by using any service offered by PSTV, you agree to release and hold harmless the PSTV from and against any and all claims, damages, liabilities, judgments, costs and expenses arising out of participation in any activity, whether online or offline, offered by PSTV. Neither PSTV nor any other party involved in creating, producing or managing the Site and or any PSTV services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily or personal injury or distress arising (1) in connection with the use or inability to use this site; (2) from any communications, meetings, or interactions with PSTV employees or with other users of the site, including buyers, sellers, dealers and/or service providers—whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.
IN NO EVENT SHALL PSTV' LIABILITY TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO PSTV, FOR ACCESSING THE SITE OR USING ITS SERVICES. YOU SHOULD CONSULT YOUR LEGAL ADVISORS REGARDING THE APPLICABILITY OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY.
Indemnification by User
USER AGREES TO INDEMNIFY, DEFEND AND HOLD PSTV HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES RELATED TO (1) A USER'S VIOLATION OF THESE TERMS AND CONDITIONS OR (2) USER'S USE OF THESE SERVICES, INCLUDING BUT NOT LIMITED TO THE TECHNICAL SUPPORT AND THE INFORMATION PROVIDED AT THIS SITE OR THROUGH ANY RELATED THIRD PARTY.
All responsibility or liability for any damages caused by viruses contained within the electronic files or at this Site is disclaimed.
Links to Other Websites
This Site may contain links to other web sites not owned or managed by PSTV or its affiliates. PSTV is not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by PSTV. Inclusion of any such linked web site does not imply approval or endorsement of the linked web site by PSTV.
These Terms will be governed by and construed in accordance with the laws of the United States of America and the State of Michigan without regard to conflict of law principles. Users agree that all legal proceedings related to the matters shall be adjudicated solely in the courts of Oakland County, Michigan, United States of America. Users consent to extra-territorial service of process and submit to the jurisdiction of these courts.
Any waiver of any provisions contained in these Terms by PSTV shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any waiver of these Terms must be in writing and signed by our authorized representative. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.