Terms and Conditions

Last Updated: October 26, 2023

Welcome to the Customer Vehicle Inspection application (the "Service" or "Application"), operated by Budget Las Vegas ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our Application and any related services. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. Acceptance of Terms

By submitting an inspection, or otherwise accessing or using any part of the Application, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy (which is incorporated by reference). If you are using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Use of the Service

Permitted Use: You may use the Service solely for the purpose of conducting and managing vehicle inspections as intended by the Application's features. This includes submitting vehicle information, damage details, uploading images, and generating inspection reports.

Prohibited Uses: You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Customer Vehicle Inspection, a Customer Vehicle Inspection employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Customer Vehicle Inspection or users of the Service or expose them to liability.
• To upload or transmit viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• To decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the Application.

3. User Responsibilities

You are responsible for:

• Providing accurate, current, and complete information as prompted during the inspection submission process.
• Maintaining the confidentiality of any account information, including your MVA number or other identifiers used to access inspection data.
• All activities that occur under your inspection submissions or account.
• Ensuring that your use of the Service complies with all applicable laws and regulations, including those related to data privacy and vehicle inspection requirements.
• Any content (e.g., images, descriptions) you submit, ensuring you have the necessary rights to upload and share such content.

4. Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Budget Las Vegas, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service for your personal, non-commercial use only (if an individual user) or for your internal business operations (if an entity). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application, except as an incidental result of ordinary use or as explicitly permitted by the Application's features (e.g., downloading inspection reports).

The application name, company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Budget Las Vegas or its affiliates or licensors. You must not use such marks without our prior written permission.

5. Disclaimers and Limitation of Liability

Disclaimers: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUDGET LAS VEGAS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6. Indemnification

You agree to defend, indemnify, and hold harmless Budget Las Vegas, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

7. Governing Law

All matters relating to the Service and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada, USA without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada, in each case located in Clark County.

8. Changes to Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, for example, by posting a notice on our website or by sending you an email. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

9. Termination

We may terminate or suspend your access to all or part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your access, you may simply discontinue using the Service.

10. Miscellaneous

Entire Agreement: These Terms and our Privacy Policy constitute the sole and entire agreement between you and Budget Las Vegas regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Waiver and Severability: No waiver by Budget Las Vegas of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Budget Las Vegas to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Governing Law

Any claim or dispute arising from or related to these Terms and Conditions of whatever kind, whether contractual or tort-based in nature, shall be governed by and construed in accordance with the laws of the State of Nevada, USA, without giving effect to any choice of law or conflict of law provision or rule.

Mediation

Prior to instigating arbitration of any dispute arising under the terms of this agreement the parties shall be required to participate in good faith mediation. Mediation shall be conducted at Advanced Resolution Management, 6980 S. Cimarron Road Ste, 210, Las Vegas, Nevada 89113 ("ARM"). Each party to the mediation will pay their portion of the mediation expense.

Arbitration

If the parties are unable to successfully resolve their dispute at mediation, then they shall submit their dispute to binding arbitration at ARM. If the parties cannot agree to an arbitrator, then their dispute will be tried before a three-arbitrator panel at ARM. Each party will select an arbitrator of their choosing; the two arbitrators will select the third arbitrator. The arbitration will be conducted in accordance with the Nevada Revised Statutes, Nevada Rules of Evidence, Nevada Rules of Civil Procedure, and Eighth Judicial District Court's Local Rules. Each party to the arbitration will pay their portion of the arbitration expense. The prevailing party shall be entitled to reasonable attorney fees and costs.

11. Contact Us

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

Budget Las Vegas Terms Inquiry

privacy@budgetlasvegas.com