Last updated: November 18, 2024 These Terms and Conditions ("Terms") are
entered into between you and Nationwide Remarketing (dba NonTotalLoss) and
represent a legal agreement between you and Nationwide Remarketing. By
accessing the website www.NonTotalLoss.com ("Website"), you are agreeing
to abide by the following Terms, which govern all use of this Website and
the services available through Website ("Services"). Please take a few
minutes to read this agreement before accessing or using the Website.
These Terms, together with any documents they expressly incorporate by
reference, including the Privacy Policy, govern your access to and use of
the Website and Services. If you do not agree with any of these Terms or
do not wish to be bound by these Terms, your only option is to not use or
access this Website. We reserve the right, at our sole discretion, to
modify or replace any part of these Terms. It is your responsibility to
check these Terms periodically for changes. Your continued use of or
access to the Website following the posting of any changes to these Terms
constitutes acceptance of those changes. These Terms control the
relationship between Nationwide Remarketing and you. They do not create
any third party beneficiary rights. Nationwide Remarketing also reserves
the right to suspend and/or deny access to the Website or any Services for
scheduled or unscheduled maintenance, upgrades, improvements, corrections
or otherwise. By accepting an offer you agree to become legally bound by
these Terms without any modification or reservation whatsoever. If you do
not agree to all the terms and conditions of these Terms, then please do
not access the Website or use any Services. Age and Jurisdiction This
Website is offered and available to users who are eighteen (18) years of
age or older and reside in the United States or any of its territories or
possessions only. By using this Website, you represent and warrant that
you are of legal age to form a binding contract with Nationwide
Remarketing and meet all of the foregoing eligibility requirements. If you
do not meet all of these requirements, you must not access or use the
Website. If you are eighteen (18) years of age, but reside in a
jurisdiction outside the United States and its territories and
possessions, you acknowledge and agree that you use the Website at your
own risk, and that you agree to be bound by these Terms, regardless of any
conflicting provisions applicable in your country of residence. The
Website is not intended for users under the age of thirteen (13), and we
do not knowingly collect personally identifiable information from users
under the age of thirteen (13). Such users are expressly prohibited from
registering for the Service or submitting their personally identifiable
information to us, and from using portions of the Website for which
registration is required. Use of Services Nationwide Remarketing has a
dealer's license that enables it to buy cars. In the instances where
Nationwide Remarketing buys cars from a Seller, Nationwide Remarketing
steps into the role of a Buyer and all terms and conditions applicable to
a Buyer are applicable to Nationwide Remarketing. The Services provided
are in no way a substitute for your own due diligence, and Nationwide
Remarketing does not guarantee the accuracy or correctness of any
information provided. You acknowledge that you may not accept an Offer (as
defined below) on any vehicle that could cause us to violate any
applicable law, statute, ordinance, or regulation or that violates our
Prohibited Items terms. While Nationwide Remarketing uses techniques such
as insurance, EID, and credit checks to confirm the verification and
qualification of Buyers and Towers, it does not assume any obligation to
do so and it does not guarantee the safety of any persons using the
Website or Services or the accuracy of any information and is not
responsible or liable for any activities you engage in with or any
communications you have with Buyers or Towers. In order to access or use
the Services or access certain functionality of the Website, you may be
required to provide current and accurate identification, a username,
password, email address and other information. You are solely responsible
for any information you provide to us or other users in the registration,
Offer, transportation, or payment process. You represent and warrant that
your personal information is true, legal, accurate, nonfraudulent and
solely yours. You are responsible for maintaining the accuracy and
completeness of this information and for maintaining the confidentiality
of your login information required to use the Services and Website. You
may not impersonate, imitate or pretend to be somebody else when
registering and/or setting up an account/profile on the Website. You
acknowledge and agree that we may, and you specifically authorize us to,
process all transactions, including any purchases, that are initiated by
use of your registered account. You will be fully responsible for all
activities that occur under your account with Nationwide Remarketing,
including activities of others to whom you have provided your username or
password. Please notify Nationwide Remarketing immediately of any
unauthorized use of your account or any other breach of security. You
authorize Nationwide Remarketing to use the information you supply to us
in connection with the Services and in accordance with these Terms. We may
use the information you provide as described in our Privacy Policy.
Seller's Representations, Warranties and Covenants 1. The Seller
represents and warrants that all information provided to Nationwide
Remarketing is accurate and legally true, including, without limitation,
the following: 1. Accurate Vehicle Location: The address indicated at the
time of submission must match that of the vehicle location when it is
picked up; 2. Accurate Vehicle Information: The year, make, model, trim,
and VIN of the vehicle indicated at the time of submission must match that
of the vehicle that gets picked up; 3. Accurate Vehicle Condition; The
following conditions will be verified at the time the vehicle is picked
up: ▪ Whether the vehicle has all of its wheels mounted with tires and
their condition. ▪ Whether the vehicle has a key and the battery is
installed and functioning. ▪ Whether the vehicle "starts" if upon turning
the ignition, the engine starts normally and idles. ▪ Whether the vehicle
"drives" if it moves under its own power when placed into gear, is safe to
drive, and is free of major mechanical issues. ▪ Whether all parts of the
vehicle's engine and transmission are intact and their condition. ▪
Whether all parts of the vehicle's exhaust system are intact and their
condition. ▪ Whether the vehicle has been used as a taxi. ▪ The mileage
shown on the odometer or its condition. ▪ Whether the vehicle exterior is
intact and its condition. ▪ Whether the vehicle has body damage. ▪ Whether
all mirrors, glass, and lights are intact and their condition. ▪ Whether
the vehicle has any water or fire damage. ▪ Whether the vehicle interior
is intact and its condition. 4. Accurate Vehicle Ownership: The title
documentation submitted for verification of ownership and legal validity
must be accurate and valid. You must clearly and truthfully submit the
following information to Nationwide Remarketing: ▪ Whether you have a
title and its type. ▪ Which state the title is issued in. ▪ The owner(s)
name shown on the title. ▪ Whether there are any outstanding liens. 2. If
any information about the vehicle provided by the Seller is found to be
inaccurate at the time of inspection or if any major vehicle component is
missing or removed, even if not specifically mentioned or asked about
during the offer process, Nationwide Remarketing reserves the right to
invalidate the transaction, recalculate the Offer or refuse pick up. 3.
The Seller acknowledges that they shall, at their own expense, and as
Nationwide Remarketing may reasonably request, execute all documents,
papers, forms and authorizations, and take such other actions as are
necessary to effectuate the transfer of ownership of the vehicle. If the
Seller refuses to cooperate with Nationwide Remarketing, Nationwide
Remarketing reserves the right to invalidate the transaction and require
the Seller to collect the vehicle at their own expense. In the event that
the Seller does not collect the vehicle, it may be deemed an abandoned
vehicle at the Seller's risk. Proprietary Rights If you are eligible to
use the Services and the Website, Nationwide Remarketing grants you a
non-exclusive, non-transferable, non-sublicensable, revocable license to
access and use the Services and the Website solely under the terms and
conditions provided hereunder. Any use of the Website other than as
authorized by these Terms is strictly prohibited and will terminate the
license granted herein. Nationwide Remarketing and/or its licensors own
the Services and the Website, including all software and other technology
provided or employed by Nationwide Remarketing in connection with the
Services, and the contents, design, layout, functions, appearance and
other intellectual property comprising the Website, including all
copyrights, trademarks, service marks, trade secrets, patents and other
intellectual property rights inherent therein or appurtenant thereto.
Nationwide Remarketing does not grant any licenses to any copyrights,
patents, trademarks, trade secrets or other intellectual property rights
other than the limited rights to use the Website, as set forth herein and
subject to these Terms. The Website may also contain intellectual property
of Third Parties, including service marks and trademarks. Your use of the
Services or the Website does not give you any right or license to use such
intellectual property, without the prior written permission of the
corresponding intellectual property owner. All rights not expressly
granted herein are reserved by Nationwide Remarketing. Your use of this
Website does not grant you ownership rights of any kind in the Website.
Confidentiality As a result of your use of the Services and the Website,
whether due to any intentional or negligent act or omission, we may
disclose to you or you may otherwise learn of or discover our documents,
business practices, object code, source code, management styles, day-today
business operations, capabilities, systems, current and future strategies,
marketing information, financial information, software, technologies,
processes, procedures, methods, and applications, or other aspects of our
business ("Our Information"). You hereby agree and acknowledge that any
and all of Our Information is confidential and shall be our sole and
exclusive intellectual property and proprietary information. You agree to
use Our Information only for the specific purposes as allowed by the
performance of these Terms. Any disclosure of Our Information to a third
party, specifically including a direct competitor, is strictly prohibited
and will be vigorously challenged in a court of law. All obligations
contained herein shall survive the termination of these Terms.
Furthermore, you acknowledge that Our Information is proprietary,
confidential, and extremely valuable to us and that we would be materially
damaged by your disclosure of Our Information. You acknowledge and agree
that monetary damages provide an insufficient remedy for the breach of
this confidentiality obligation and that we shall be entitled to
injunctive relief. User Conduct In using the Website and Services, you
agree (i) not to send to Nationwide Remarketing or upload onto or through
the Website any information unless you have consent to do so; and (ii)
that you will not: 1. violate any applicable international, country,
province, federal or state laws, regulations or rules (collectively,
"Laws") as a result of your use of the Website; 2. make any information
available to Nationwide Remarketing if doing so would violate any
applicable Laws, industry or professional codes or standards, contractual
or fiduciary obligations, confidentiality obligations, or employer
policies or other requirements to which you are bound; 3. transmit any
information, data, images, or other materials or post any content on the
Website that contain vulgar, profane, abusive or hateful language,
epithets or slurs, text or illustrations in poor taste, inflammatory
attacks of a personal, racial or religious nature, or expressions of
bigotry, racism, discrimination or hate, or are unlawful, harmful,
threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise
objectionable or that may invade another's right of privacy or infringe
any intellectual property right, including patent, trademark, service
mark, trade secret, copyright or other proprietary rights of any third
party; 4. provide any false personal information on Nationwide
Remarketing, or create an account for anyone other than yourself without
permission; 5. impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity; 6.
violate or attempt to violate the security of any of the Services,
including by: logging or attempting to log in to a server or account that
you are not authorized to access; testing, scanning, probing or hacking
the vulnerability of the Website or any network used by the Website or to
breach security, encryption or other authentication measures or attempting
to do any of the foregoing; or interfering with the Website by
overloading, flooding, pinging, mail bombing or crashing it or attempting
to do any of the foregoing; 7. share your password, permit, authorize or
enable anyone else to access your account, or do anything else that could
reasonably be expected to jeopardize the security of your account; 8.
reverse engineer, decompile, disassemble or otherwise attempt to
reconstruct, identify or discover any source code, underlying ideas,
underlying user interface techniques, algorithms or any other aspect or
element of any portion of the Website; 9. "scrape," copy, transfer,
transmit or display any information, data, software, interfaces, code,
widgets, tools or other materials contained in or accessible by means of
the Website ("Nationwide Remarketing Information") from the Website, or
use or attempt to use any engine, software, tool, agent or other device or
mechanism (including browsers, spiders, bots or robots, avatars or
intelligent agents) to navigate or search any portion of the Website,
other than through use of the search engine and search agents available
from Nationwide Remarketing on the Website and generally available to
third party web browsers (e.g., Mozilla Firefox, Google Chrome, Apple
Safari and Microsoft Internet Explorer); or 10. harvest or collect
Nationwide Remarketing Information, email addresses or other contact
information of other users from the Website or Services by electronic or
other means for the purposes of sending unsolicited emails or other
unsolicited communications. Additional Restrictions/Obligations 1. You may
not collect, develop or derive for commercial sale any data in any form
that incorporates or uses any Nationwide Remarketing Information; 2. You
may not modify, copy, distribute, download for storage on a hard drive or
any other storage media, display, use, publish, license, create derivative
works from, transfer or sell any Nationwide Remarketing Information; 3.
You shall: (i) provide true, accurate, current and complete information
about yourself when entering your information on the Website and when
communicating with a Third Party; and (ii) maintain and update this
information to keep it true, accurate, current, and complete; 4. You shall
abide by all copyright notices or restrictions contained in any content
accessed through the Website. 5. You may not under any circumstances
publish, copy, distribute, share with third parties or make public in any
form any information regarding the Third Party Services or Third Party,
including pricing information, location of the third party no matter how
obtained (whether through the use of the Services or directly from the
Third Party). Submissions All remarks, suggestions, ideas, graphics,
photographs or other information ("Submissions") communicated to
Nationwide Remarketing through this Website will forever be the property
of Nationwide Remarketing. In addition, you grant, and you represent and
warrant that you have the right to grant, Nationwide Remarketing , its
affiliated entities, vendors and licensees a nonexclusive, royalty-free,
worldwide, perpetual, transferable, irrevocable, and fully sublicensable
right and license to use, reproduce, display, perform, adapt, modify,
alter, create derivative works from and distribute your Submissions,
including your name, image, likeness, photograph, voice, and biographical
material, included therein or in connection therewith, including but not
limited to advertising, publicity and promotional purposes, in any media
now known or hereafter invented, including, but not limited to Nationwide
Remarketing 's websites and social media channels, and in advertising
campaigns and installations including as part of a video compilation.
Without limiting the foregoing, you hereby grant Nationwide Remarketing
the right to edit, arrange, rearrange, adapt and combine your Submissions
with other materials in its sole discretion, including on the
aforementioned websites and social media channels and including without
limitation in 'compilation' online and out-ofhome videos. You further
represent and warrant that you own or otherwise control any rights to your
Submissions and any and all elements thereof; that you have the rights
from any and all third parties appearing in such Submissions to grant the
license contained in these Terms for such third parties' names, images or
likenesses and any other third party-owned elements as necessary in and as
part of your Submission; and that your Submission will not infringe or
violate the rights of any third parties, including, but not limited to,
copyrights, trademarks, rights of publicity/privacy, patent, trade secret
or confidentiality. You further represent and warrant that your
Submissions comply with all applicable laws, rules and regulations, and
any third party agreements to which you are subject. You are solely
responsible for the content of any Submission you make you make on this
Website or to any Third Party Organization through the Website. Unless
otherwise specified in writing, all Submissions made through or on the
Website will be presumed to be public and Nationwide Remarketing will not
be required to treat the information as confidential. The content of
Submissions is not pre-screened. Accordingly, users who access Submissions
publicly available do so at their own risk, especially with respect to
offensive, incorrect, and otherwise unacceptable material. Notwithstanding
the foregoing, Nationwide Remarketing reserves the right, but does not
assume any obligation, to delete Submissions that Nationwide Remarketing,
in its sole discretion, deems abusive, defamatory, obscene, in violation
of any Laws, or otherwise unacceptable. Non-Solicitation You shall not
solicit or hire our employees of whom you become aware through the use of
the Servicesor the Website. Furthermore, you shall not otherwise interfere
with any of our other business relationships. Information Collection, Use
and Sharing Nationwide Remarketing requires some personal information to
provide its Services. Your use of the Website and Services is subject to
Nationwide Remarketing 's Privacy Policy. By using the Website and
Services, you acknowledge and consent to be bound by the terms of
Nationwide Remarketing 's Privacy Policy, including its collection, use
and disclosure of your personal information. In some instances, Nationwide
Remarketing may ask you to submit your contact information, including your
telephone number. You may be contacted by Nationwide Remarketing or its
business associates by telephone or text messages. To learn more about
Nationwide Remarketing 's policies regarding: (i) compliance with the
Telephone Consumer Protection Act, please see Nationwide Remarketing 's
Privacy Policy and (ii) compliance with the National Do Not Call List
administered by the Federal Trade Commission, please write to us at
support@nationwideremarketing.com. SMS Communications These SMS
Communication Terms and Conditions outline how Nationwide Remarketing uses
SMS (text message) communications as part of our services. By providing
your mobile phone number and accepting the offered price on our website,
you agree to the following terms: 1. Consent to SMS Communications By
submitting your mobile phone number on our website and checking the SMS
Opt In, you consent to receive SMS messages from Nationwide Remarketing
related to: • Scheduling an appointment for your vehicle sale. • Updates
regarding your transaction status. • Requests for additional information
to facilitate the process. • Confirmation of transaction completion. You
may opt out of SMS communications at any time by replying STOP to any
message. Standard message and data rates may apply, as determined by your
mobile service provider. Message frequency may vary depending on length
and complexity of transaction. 2. Purpose of SMS Communications SMS
messages sent by Nationwide Remarketing are intended to facilitate and
streamline the vehicle sale process. These communications may include: •
Scheduling and logistical updates. • Reminders or confirmations regarding
appointments. • Follow-ups to ensure a smooth transaction. SMS messages
will not be used for marketing or promotional purposes without your
explicit consent. 3. Opting Out You can opt out of SMS communications at
any time by replying STOP to any message. Once you opt out, you will no
longer receive text messages from us unless you initiate a new transaction
or provide renewed consent. For assistance, you can reply SUPPORT to any
message or contact us directly at 888-627-8176. 4. Third-Party Services
Nationwide Remarketing may use third-party service providers to send and
manage SMS communications. These providers are bound by contractual
obligations to protect your information and comply with applicable laws
and regulations. 5. Limitations of Liability Nationwide Remarketing is not
responsible for any delays, failures, or errors in SMS message delivery
caused by your mobile service provider or other factors outside our
control. You acknowledge that SMS communications rely on third-party
networks and infrastructure. 6. Changes to Terms Nationwide Remarketing
reserves the right to update or modify these SMS Communication Terms and
Conditions at any time. Any changes will be posted on this page with an
updated revision date. Continued use of our services constitutes your
acceptance of the revised terms. Record Keeping We reserve the right to
keep all records of any and all transactions and communications between
you and other members for administration purposes. Release of Liability
Should you have a dispute with one of more of the Sellers, Buyers or
Towers, you hereby release Nationwide Remarketing, its affiliates,
subsidiaries, officers, directors, agents, members, managers,
shareholders, employees or representatives from all claims, demands, and
damages (actual and consequential) of any kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of, or in any way, connected with such disputes. IN NO EVENT WILL
NATIONWIDE REMARKETING, OUR AFFILIATES, SUBSIDIARIES, OR OUR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MANAGERS, MEMBERS, AGENTS OR
REPRESENTATIVES BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF
THESE TERMS OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICE
OR WEBSITE UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, NEGLIGENCE, STRICT
LIABILITY, OR OTHER ANY LEGAL OR EQUITABLE THEORY FOR: (I) ANY DIRECT,
INDIRECT, SPECIAL, GENERAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS
OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA;
OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO US UNDER THIS
AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF
ACTION. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS
BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT
PROHIBITED BY APPLICABLE LAW. Disclaimer YOUR USE OF THE SERVICES IS AT
YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL THE MATERIALS, INFORMATION,
SERVICES, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL
DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NATIONWIDE REMARKETING EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. NATIONWIDE REMARKETING DOES NOT WARRANT THAT THE WEBSITE
OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE
THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NATIONWIDE REMARKETING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION,
SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE
THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE IN TERMS OF
THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NATIONWIDE REMARKETING MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE
WEBSITE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS.
NATIONWIDE REMARKETING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES,
SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY OTHER WEBSITE. IF
APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE
IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU
ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. Indemnifications You
hereby agree to indemnify, defend, and hold harmless Nationwide
Remarketing and Nationwide Remarketing 's subsidiaries, affiliates,
officers, directors, managers, members, shareholders, employees, agents,
representatives and approved and permitted licensees and assigns from any
and all loss and damage (including, without limitation, reasonable fees
and disbursements of counsel incurred by Nationwide Remarketing in any
action or proceeding between Nationwide Remarketing and an affiliate or
between any third party and Nationwide Remarketing or otherwise) from and
against any and all claims and expenses, including attorneys' fees,
arising out of your use of the Website or the Services, including but not
limited to your breach of these Terms or arising out of a breach of your
obligations, representation and warranties under these Terms. Severability
The invalidity or unenforceability of any provision of these Terms shall
not affect the validity or enforceability of any other provision.
Termination You understand and agree that we may, in our sole discretion
and at any time, terminate your account and discard and remove any content
posted or submitted by you for any reason. You understand and agree that
we may take any one or more of these actions without prior notice to you.
Should we take any of these actions, we may, in our sole discretion,
immediately deactivate and/or delete any or all information about and
concerning your account, including your registration information and
submitted content. You understand and agree that we shall not have any
liability to you or any other person for any termination of your access
and/or the removal of information concerning your account. Nationwide
Remarketing may also suspend or terminate your account or rescind the
Offer if a suspicion arises that you engaged in any fraudulent activity in
conjunction with our Website. If Nationwide Remarketing becomes aware that
you willfully and intentionally violated any of our rules or manipulated
the Website, sale process, or communications, we may pursue damages
against you in any forum we deem appropriate. Miscellaneous These Terms
and any access to or use of the Website will be governed by the laws of
the State of Colorado, excluding its conflict of law provisions. Except
for claims for injunctive or equitable relief in aid of arbitration or
claims regarding Nationwide Remarketing 's intellectual property rights
(which you hereby consent are subject to the exclusive jurisdiction of the
federal or state courts located in the State of Colorado and which may be
brought without the posting of a bond), any dispute arising under these
Terms shall be heard and resolved in accordance with the JAMS Streamlined
Arbitration Rules and Procedures of the Judicial Arbitration and Mediation
Service, Inc. ("JAMS") by one arbitrator appointed in accordance with such
Rules. The arbitration shall take place in Colorado in the English
language, and the arbitral decision may be enforced in any court of
competent jurisdiction. A waiver by Nationwide Remarketing of any term or
condition of these Terms or any breach thereof, in any one instance, will
not waive such term or condition or any subsequent breach thereof. Change
in Control In the event of a change of control of Nationwide Remarketing
or the sale of substantially all of Nationwide Remarketing 's assets or
other corporate event, all rights of Nationwide Remarketing hereunder
shall be transferable without notice to you. Third Party Use of Google
Maps features and content is subject to the Google Maps/Google Earth
Additional Terms of Service and Google Privacy Policy. Contact If you have
any questions about these Terms, you may contact us at
support@nationwideremarketing.com