Terms and Conditions

Last Updated: December 4, 2024

Please read these Terms and Conditions ("Terms") carefully before using the Test Trade Tool vehicle appraisal service ("Service") operated by ThrottlePoint Agency ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our Service.

1. Description of Service

Test Trade Tool is an online vehicle trade-in appraisal tool that allows users to submit information about their vehicle and receive an estimated trade-in offer range from participating automotive dealerships. The Service facilitates the connection between vehicle owners seeking trade-in valuations and dealership partners.

2. Eligibility

To use our Service, you must:

Be at least 18 years of age
Have the legal authority to provide information about the vehicle
Be the legal owner of the vehicle or have authorization from the owner to request an appraisal
Provide accurate and truthful information

3. User Obligations

By using our Service, you agree to:

Provide accurate, current, and complete information about yourself and your vehicle
Not misrepresent the condition, history, or specifications of your vehicle
Not use the Service for any fraudulent or unlawful purpose
Not interfere with or disrupt the Service or servers
Not attempt to gain unauthorized access to any part of the Service

Important: Providing false or misleading information about your vehicle may result in voided offers, termination of service, and potential legal consequences.

4. Offer Terms and Conditions

Regarding any trade-in offer you receive through our Service:

Estimates Only: All offers provided are estimates based solely on the information you provide. They are not guaranteed purchase prices.
Subject to Inspection: All offers are contingent upon physical inspection of the vehicle by the dealership to verify the accuracy of the information provided and the actual condition of the vehicle.
Offer Validity: Offers are typically valid for 7 days from the date issued, unless otherwise specified. Market conditions may affect the final offer.
Final Offer May Vary: The final purchase price may be higher or lower than the estimated offer based on the physical inspection findings.
No Obligation: Receiving an offer does not obligate you to sell your vehicle, nor does it obligate the dealership to purchase your vehicle.

5. No Guarantee of Purchase

We do not guarantee that any dealership will purchase your vehicle. The decision to purchase is solely at the discretion of the participating dealership based on their inspection and business needs. We are not a party to any transaction between you and the dealership.

6. Third-Party Dealerships

The offers you receive are provided by independent automotive dealerships. We are not responsible for:

The actions, conduct, or policies of any dealership
The accuracy of offers provided by dealerships
Any disputes between you and a dealership
The completion or terms of any sale transaction

7. Intellectual Property

The Service and its original content, features, and functionality are owned by ThrottlePoint Agency and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Service without our express written consent.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THROTTLEPOINT AGENCY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or data
Damages resulting from reliance on any offer or information provided through the Service
Damages resulting from any transaction or failed transaction with a dealership
Any other damages arising from your use of the Service

OUR TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to indemnify and hold harmless ThrottlePoint Agency, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another party
Any inaccurate information you provide

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and share your information. By using our Service, you consent to our collection and use of your information as described in the Privacy Policy.

12. Modifications to Service and Terms

We reserve the right to:

Modify, suspend, or discontinue the Service at any time without notice
Update these Terms at any time by posting the revised version
Change fees or charges for the Service (if applicable) with reasonable notice

Your continued use of the Service after any changes constitutes acceptance of the modified Terms.

13. Termination

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved in the state or federal courts located in Dallas County, Texas.

15. Dispute Resolution

Any dispute arising from these Terms or your use of the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for violations of intellectual property rights.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ThrottlePoint Agency regarding your use of the Service and supersede any prior agreements.

18. Contact Information

If you have any questions about these Terms, please contact us at:

ThrottlePoint Agency
Email: contact@throttlepoint.agency
Website: throttlepoint.agency

By using the Trade Tool, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.