Terms and Conditions | GetMyWav.com

Last updated June 6, 2022

Thank you for visiting getmywav.com. United Access, LLC, dba Get My WAV (referred to in these Terms of Use as “Get My WAV,” “us,” or “we”) provide a variety of digital services, including websites, networks, and other digital services to you when you visit or shop at getmywav.com, use Get My WAV digital products or services, referred to as “Services”). Get My WAV provides the Services subject to these Terms of Use (“Terms”).

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE THAT MAY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN SEWEKINGN RELIEF IN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS. YOU ARE ALSO REQUIRED TO WAIVE YOUR RIGHT TO PARTICIPATION IN CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS FOUND IN THE “DISPUTES” SECTION BELOW.

A. Forward

BY USING GET MY WAV’S SERVICES, YOU AGREE TO THESE TERMS, as found here and AS MAY BE UPDATED FROM TIME-TO-TIME. The date of the most recent revisions will appear at the top of this page, so check back often.

These Terms apply to call content on the Servies. These Terms are binding on all individuals and entities who, in any way, access, the Services, including all persons and entities, directly and indirectly. Your use of the Services constitutes your acceptance of any changes and/or revisions to these Terms. If you violate or act inconsistently with these Terms or any other terms and conditions that apply to the Services, then your access to and use of the Services is unauthorized, and Get My WAV reserves the right to permanently or temporarily restrict your ability to access, visit and/or use the Services and to refuse to honor any of our purported obligations under these Terms, with or without notice. We reserve the right to take legal or other action to enforce these Terms. We will cooperate with law enforcement agencies and may pursue a civil lawsuit and or support criminal prosecution for all alleged or actual illegal activities involving the Services. You agree that Get My WAV will not be liable to you should it exercise those rights.

B. Jurisdiction

The Services are managed and operated by Get My WAV from the United States and are not meant to subject us to the jurisdiction of any nation the United States (excluding Puerto Rico, and Guam). Get My WAV does not claim or represent that the Services or any part thereof is appropriate or available for use in any jurisdiction other than the United States. We may limit the Services’ availability, in whole or in part, to any geographic area or jurisdiction we choose, at any time and in our sole discretion.

The Services are intended only for use by those who are 18 years of age or older and who have the capacity to enter a valid contract. By accessing the Services, you represent and affirm that you meet these requirements. If you choose to access this site from a location outside the United States, you are responsible for compliance with local laws.

Get My WAV does not knowingly or intentionally solicit or collect information from minors and takes measures through these Terms to avoid such conduct. We do not market to minors.

C. License and Access

Subject to your compliance with these Terms, Get My WAV grants you a non-exclusive, limited, revocable, personal, non-transferrable license to use the Services, for your personal use only. Commercial use violates these Terms. As part of this, you may print, save, download, and share vehicle information, and save searches.

D. Prohibited Uses

You may only use these Services for lawful purposes and in accordance with these Terms. As a condition of your use of these Services, you warrant to Get My WAV that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of a third party, you may NOT do the following in connection with the Services and Content:

Access and/or use any other person’s User Information (defined below) or account, absent express permission; submit false or misleading information of any kind; employ spy ware or virus (or the like); or damage the hardware or software connected to the Services.

Attempt to do anything or permit, encourage, assist, or allow any third party to do anything prohibited by these Terms.

E. User Material Guidelines

You are welcome to submit reviews, comments, and other communications, videos, photos, or other content via the Services or via any Get My WAV-managed social media channels (e.g., Twitter, Facebook, Instagram, etc.) (“User Materials”). You acknowledge and agree that you are responsible for all User Materials you make available on any Services and/or in any Get My WAV-managed social media channels. You represent and warrant that (1) you have the authority to grant the rights in such User Materials as set forth below and (2) such User Materials, and the use of such User Materials, shall not violate these Terms.

By submitting User Materials via the Services or via any Get My WAV-managed social media channels, you grant to Get My WAV a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, edit, translate, distribute, publish, perform, sublicense, distribute, sell, and display, in public or otherwise, any User Materials you make available, in any media or medium, in any form, format, or forum, and for any purpose, without compensation to you. For this reason, do not send any User Materials to us that you do not wish to license to us, including any confidential information. You also grant to Get My WAV a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the User Materials. In addition, you grant Get My WAV the right to include the name or other identifying label (e.g., handle) you provide along with the User Materials, with the understanding that Get My WAV is under no obligation to attribute such User Materials to you. You waive any “moral rights” or other rights with respect to authorship or attribution or integrity of materials regarding User Materials that you may have under any applicable law or theory. You agree you will indemnify Get My WAV for all claims relating from any User Materials you supply. Get My WAV takes no responsibility and assumes no liability for any User Materials posted by you or a third party.

You agree that you will not make User Materials available on the Services that:

Are false or misleading; illegal; pornographic, obscene, fraudulent, defamatory harmful, hateful, threatening, or embarrassing (as determined by Get My WAV, in its sole discretion);

F. Compliance

We will monitor activities on the Services to ensure compliance with these Terms, and in utilizing the Services, you consent to such monitoring.

G. Accuracy of Website Information

Get My WAV designed its Services to meet your car-shopping needs by providing you with accurate and up-to-date information about Get My WAV’s inventory and offerings across the country. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present, including, without limitation, incorrect information or statements relating to prices for or features/accessories on particular vehicles, the availability of credit, the terms of any such credit, and any features that may estimate credit terms. Additionally, the color and general appearance of vehicles in photographs may appear differently in person depending on your device settings. Get My WAV does not guarantee the accuracy of such information. All vehicles are subject to prior sale and may not be available when you are ready for purchase. Further, Get My WAV reserves the right to change productor credit pricing and specifications, as well as the terms of our guarantees and warranties, without notice. You agree that reliance on the vehicle listings and descriptions on the Services is at your own risk. For this reason, please contact the store location where a vehicle is located to confirm the accuracy of the contents of our Services before you visit that store location.

If any information contained in this Terms is inaccurate, we will gladly correct it. Simply Email us, noting the incorrect information and the correction. We reserve the right to verify the correctness of any information provided.

H. Third-Party Content, Sites, and Services

Unless otherwise stated or clear from context, references on the Services to any names, marks, products, or services of third parties, or links to third-party sites or information, are not any endorsement, sponsorship, or recommendation of the third party or its information, product or services. Get My WAV assumes no responsibility for the content of these third-party websites, or any links on those third-party sites, including any third-party social media platform with which the Services operate or otherwise interact, and Get My WAV has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Get My WAV assumes no responsibility for webcasting, or any other form of transmission received from any linked website. You rely on the contents of a third-party website at your own risk, and you assume all responsibilities and consequences resulting from such reliance. Other terms may apply to certain, software files contained within or distributed with the Services that are specifically identified in related documentation (“Third-Party Software”). Such Third-Party Software license terms shall apply to the corresponding Third-Party Software file in lieu of these Terms.

When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier (collectively and individually, “Third-Party Services”), and you acknowledge that your use of those Third-Party Services may be subject to the separate policies and Terms, including fees, of one or more third parties. Third-Party Services may display, include, or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Third-Party Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. Location data provided by any Third-Party Services is for basic navigational purposes only, may not be accurate, and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. You agree that any Third-Party Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the proprietary content, information or materials in any way whatsoever except for permitted use of the Third-Party Services.

I. Ownership and Proprietary Rights

You acknowledge and agree that the Services and all Content are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws and are the property of Get My WAV or Get My WAV’s third-party licensors. Except as expressly authorized by these Terms, you may not make use of the Content and Services, and Get My WAV reserves all rights to the Content and Services not granted expressly in these Terms.

Intellectual Property

J. Digital Millenium Copyright Act — Notice and Counter-Notifications

DMCA Notice

Get My WAV will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below.

If you believe that your work has been reproduced or used on, or distributed via, the Services in a way that constitutes copyright infringement, you may notify Get My WAV’s copyright agent in writing via fax, email, or first-class U.S. mail that includes all of the below content (as required by 17 U.S.C. § 512). The below procedure is exclusively for notifying Get My WAV that your copyrighted material may have been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Get My WAV will respond by either taking down the allegedly infringing content or blocking access to it. Get My WAV may contact you to request additional information.

Notices and counter-notices are legal notices distinct from regular activities or communications on or via the Services. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).

The DMCA notice must contain the following information:

a legend or subject line that says: “DMCA Copyright Infringement Notice”.

a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL, if applicable, of the website on which the material appears);

your full name, address, telephone number, and e-mail address;

a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.

Get My WAV will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:

By Mail:

Get My WAV

500 Northwest Plaza Drive, Suite 900 | St. Louis, MO 63074

By E-Mail:

sales@getmywav.com [a special email address would be better]

It is often difficult to determine if your copyright has been infringed. Get My WAV may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements and Get My WAV may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Get My WAV’s other rights, Get My WAV may, in appropriate circumstances, terminate a repeat infringer’s access to the Services.

DMCA Counter-Notification

If access on the Services to a work that you submitted to Get My WAV is disabled or the work is removed because of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

a legend or subject line that says: “DMCA Counter-Notification”;

a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL, if applicable, of the website from which the material was removed or access to it disabled);

a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

your full name, address, telephone number, e-mail address, and the username of your account;[do people have accounts?]

a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of Indiana), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

K. Litigation

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. By using or accessing the Services, you agree to this Section. Arbitration is a way of resolving disputes before one or more neutral persons, instead of having a trial in court before a judge and/or jury.

YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:

(1) ANY AND ALL CLAIMS (DEFINED BELOW) WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION (“CLASS ACTION WAIVER”) AND

(2) IF YOU OR WE CHOOSE ARBITRATION, THEN ARBITRATION SHALL BE MANDATORY AND:

(A) ANY CLAIM WILL BE DECIDED BY ARBITRATION AND NOT IN COURT OR BY A JURY TRIAL;

(B) DISCOVERY AND RIGHTS TO APPEAL ARE LIMITED BY THE ARBITRATION RULES OF THE ARBITRATION ADMINISTRATOR; AND

A “Claim” is any claim, dispute or controversy between you and us that in any way arises from or relates to the Services and/or these Terms, including but not limited to:

Initial claims, counterclaims, crossclaims and third-party claims;

Disputes based on contract, tort, consumer rights, fraud and other intentional torts (at law or in equity, including any claim for injunctive or declaratory relief);

Disputes based on constitutional grounds or on laws, regulations, ordinances, or similar provisions; and

Disputes about the validity, enforceability, arbitrability or scope of this Disputes Section or these Terms, subject to paragraph (e) of this Disputes Section.

Arbitration Details

Commencing Arbitration. Either you or we may require any Claim to be arbitrated by first sending to the other party, by certified mail, a written notice of dispute (“Notice”). This Notice shall (1) describe the nature and basis of the Claim and (2) set forth the specific relief sought. If we do not reach an agreement to resolve the Claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding.

Arbitration of a Claim must comply with this Arbitration Provision and the applicable rules and procedures of the arbitration Administrator. Arbitration is not mandatory for an individual Claim that you or we may choose to bring in small claims court or the state’s equivalent court, if any. If that Claim is transferred, removed or appealed to a different court, you or we then may choose arbitration.

For Non-California Residents: Arbitration is not mandatory for an individual Claim that you or we may choose to bring in small claims court or the state’s equivalent court, if any. If that Claim is transferred, removed or appealed to a different court, you or we then may choose arbitration.

For California Residents Only: Arbitration is not mandatory for any Claim for which you may seek public injunctive relief expressly authorized by statute, or for an individual Claim that you or we may choose to bring in small claims court or the state’s equivalent court, if any. If the individual Claim is transferred, removed or appealed to a different court, you or we then may choose arbitration.

Choosing the Administrator. If you initiate the arbitration proceeding, you may choose either of the following arbitration Administrators: (1) American Arbitration Association, www.adr.org, (800) 778-7879 or (2) JAMS, www.jamsadr.com, (800) 352-5267. The Administrator you choose will have rules that apply to the proceeding. Important information regarding the arbitration process and more complete information regarding arbitration procedures may be found at either Administrator’s website. If the Administrator you choose is unable or unwilling or ceases to serve as the Administrator, you or we may choose the other Administrator. If both Administrators are unable or unwilling or cease to serve as the Administrator, you or we may choose another Administrator, subject to the other’s approval. In all cases, any arbitrator must be a lawyer or a retired judge with at least 10 years of legal experience. If we initiate the arbitration proceeding, we will give you 20 days to choose the Administrator. If you do not choose the Administrator within that time, we will choose one for you. No matter which Administrator is chosen, you shall have the right to be represented by an attorney of your own choosing, subject to any limitations in the Administrator’s rules.

Choosing the Location. Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.

Paying for Arbitration. Each Administrator charges fees to administer an arbitration proceeding. This may include fees not charged by a court. When you choose an Administrator, you should carefully review the fees charged by the Administrator. The fees and costs of any arbitration, including any initial filing fees, shall be paid in accordance with the rules and procedures of the Administrator. Each party must pay the expense of that party’s attorneys, experts, and witnesses, regardless of which party prevails in the arbitration, unless applicable law or the Administrator’s rules, procedures or standards provide otherwise.

Class Action Waiver. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS MEANS THAT YOU MAY NOT BE A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION WITH RESPECT TO ANY CLAIM.

NON-CALIFORNIA RESIDENTS: THIS MEANS THAT YOU MAY NOT BE A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION WITH RESPECT TO ANY CLAIM.

CALIFORNIA RESIDENTS ONLY: THIS MEANS THAT YOU MAY NOT (I) BE A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR (II) ACT AS A PRIVATE ATTORNEY GENERAL, EXCEPT TO SEEK PUBLIC INJUNCTIVE RELIEF EXPRESSLY AUTHORIZED BY STATUTE.

Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s Claim or Claims. Notwithstanding any other part of this Disputes Section, the validity and effect of the Class Action Waiver must be determined only by a court and not by an arbitrator. If a court limits or voids the Class Action Waiver, then this entire Disputes Section (except for this paragraph) will be null and void.

Right to Discovery. The parties shall have the right to discovery of non-privileged information and documents relevant to the Claim, subject to the rules and procedures of the Administrator.

Arbitration Result and Right of Appeal. Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. In response to a timely request from either party, the arbitrator must provide a brief written explanation of the basis for any award. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act. Any party can appeal the award to a three-arbitrator panel administered by the Administrator, which must reconsider any aspect of the initial award requested by the appealing party. Reference in this Disputes Section to the “arbitrator” means the panel of arbitrators if an appeal of the arbitrator’s decision has been taken. Subject to applicable law, costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal, unless applicable law or the Administrator’s rules provide otherwise. However, we will consider any good faith, reasonable request for us to pay all or any part of those fees if you are the appealing party.

Governing Law. This Disputes Section is governed by the Federal Arbitration Act and not by any state arbitration law. The arbitrator must apply applicable statutes of limitations and claims of privilege recognized at law, and applicable substantive law consistent with the Federal Arbitration Act. The arbitrator is authorized to award all individual remedies permitted by the substantive law that would apply if the action were pending in court.

Rules of Interpretation. Except as provided in paragraph (e), if any part of this Disputes Section is determined to be invalid or unenforceable, this Disputes Section and the Terms will remain enforceable. In the event of a conflict or inconsistency between this Disputes Section and the applicable arbitration rules or the other provisions of these Terms or any other contract between you and us, this Disputes Section will govern.

L. Governing Law; Waiver of Jury Trial

By using the Services, you agree that federal law (including federal arbitration law) and laws of the State of Indiana, without regard to the principles of conflict of laws, will govern these Terms. Any disputes, claims, and actions arising from or in connection with these Terms and Services that are not arbitrated or that otherwise result in court action will be resolved exclusively by a state or federal court in the State of Indiana, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. YOU AND GET MY WAV BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.

M. Warranty

What follows applies only to your use of our Services and does not affect any rights you have under the Uniform Commercial Code, applicable laws addressing products liability or rights you have pursuant to our Limited Warranty or return policy.

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT. GET MY WAV DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES OR CONTENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

N. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, GET MY WAV WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES AND CONTENT. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

O. Indemnification

As a condition of use of the Services, you agree to indemnify Get My WAV and its shareholders, officers, directors, employees, and agents against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from your use of the Services, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms, any Content, or any User Materials submitted by you.

P. Driver’s License Information

As part of Services, you may be required to provide Get My WAV with a copy or image of your driver’s license. By providing Get My WAV with a copy or image of your driver’s license, you agree that Get My WAV may scan the license and use and retain the information contained therein in a manner permitted by applicable law.

Q. Export Policy

You acknowledge that any goods or services advertised on the Services and any software or technology purchased, downloaded, or used from the Services are subject to U.S. customs and export control laws and regulations, and you agree to comply with all applicable laws, including, but not limited to, the Export Administration Act of 1979 (50 U.S.C. app. §§ 2401 et seq.); the Export Administration Regulations (15 C.F.R. §§ 730 et seq.) enforced by the U.S. Department of Commerce’s Bureau of Industry and Security; the International Emergency Economic Powers Act (50 U.S.C. §§ 1701 et seq.); the economic sanctions regulations (31 C.F.R. Parts 501-598) enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control; the Foreign Corrupt Practices Act (15 U.S.C. § 78dd-1, et seq.); and the U. S. Anti-boycott laws and regulations (31 C.F.R. Part 760). You agree, represent, and warrant that no Services or Content will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported to any territory (or resident of such territory), person, entity, or organization to which such Services and Content could not be transferred directly from the United States or by a U.S. person without a license, including, without limitation, to any person, entity, or organization on (1) the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List as published by the U.S. Department of the Treasury; (2) the Denied Persons List, the Entity List and the Unverified List as published by the Bureau of Industry and Security at the U.S. Department of Commerce, as such lists may be amended from time to time.

R. Communications

You agree that by providing your phone number, Get My WAV may call and/or send text messages (including using equipment that automatically dials phone numbers) about your interest in a vehicle, financing for any vehicle, for marketing/sales purposes, for appointment information, or for any other servicing or informational purpose related to your account/profile. You do not have to consent to receiving calls or texts to purchase from or sell to Get My WAV. The Get My WAV Text Message Terms and Conditions provide additional terms that govern when receiving text messages from Get My WAV.

You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Get My WAV’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms is not subject to the consent of any third party.

S. Contact Information

If you have a question or complaint regarding the Services, please send an email to sales@getmywav.com or call us at 877-501-8267. [here is where we could use info@getmywav.com]

T. Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to sales@getmywav.com or call us at 877-501-8267 . You may also contact us by writing to Get My WAV, 500 Northwest Plaza Drive, Suite 900 | St. Louis, MO 63074ATTENTION: Customer Relations. [here is where we could use info@getmywav.com]

U. Miscellaneous

You understand and agree that these Terms represent the entire agreement governing your use of the Services and that they supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Get My WAV. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect. If your state of residence does not permit a limitation of liability for consequential or incidental damages or disclaimers of certain warranties as described in this agreement, then all or a portion of those sections may not apply to you. Get My WAV’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Get My WAV’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. Notices to you (including notices of changes to this these Terms) may be made via posting to Get My WAV’s websites, or by e-mail (including in each case via links), or by regular mail. Without limitation, 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.

Required California Disclosure: CA Supply Chain Transparency

Get My WAV recognizes the serious nature of the crimes of human trafficking and slavery. Get My WAV has taken and will take every reasonable effort to ensure that its supply chain is free of products that are tainted by human trafficking. Because all the vehicles sold by Get My WAV in California are used vehicles, and all of the replacement parts Get My WAV uses in its reconditioning process are purchased from other retailers, Get My WAV believes that it has taken all necessary steps to audit and reasonably mitigate the risk that its products are tainted by the crimes of human trafficking and slavery.