Terms and Conditions

Acceptance of Terms

By accessing or using this website (the "Service"), you agree to these Terms and Conditions ("Terms"). These form a binding contract between you ("User," "you," or "your") and LolaDev LLC, Owner of TotalLossToolKit.com ("we," "us," or "our"). If you do not agree, do not use the Service. We may update Terms anytime; continued use means acceptance.

Description of Service

The Service offers vehicle valuation estimates via third party API services (retail predictions from dealer listings), links/references to vehicle owners, a directory of service providers in relevant areas and a knowledge base with informational articles. None constitute endorsements, partnerships, or legal/financial advice. Service advisors/providers are independent and unaffiliated with us.

Account Registration and Security

Account Creation and Confidentiality

When you create an account with us, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the confidentiality of your account credentials (username and password)
• Use a strong password meeting our minimum security requirements (at least 8 characters including letters, numbers, and special characters)
• Not share your account credentials with any third party
• Not allow any other person to use your account

Account Responsibility and Security

You are fully responsible for all activities that occur under your account, including any unauthorized use. You agree to:

• Immediately notify us of any unauthorized access to or use of your account
• Immediately notify us if you become aware of any security breach related to the Service
• Take all reasonable steps to prevent unauthorized access to your account
• Accept full liability for all activities conducted through your account, even if conducted by an unauthorized third party, unless you have notified us of the breach

Important: Failure to maintain account security may result in immediate termination of your account and potential liability for any damages resulting from unauthorized use.

Account Transfer Restrictions

Your account is personal to you. You may not:

• Transfer, sell, or assign your account to another person or entity
• Allow others to use your account for any purpose
• Share login credentials with business partners, family members, or colleagues

Any attempted transfer or sharing may result in immediate account termination without refund.

Prohibited Uses and Activities

General Prohibitions

When using our Service, you agree NOT to:

Service Misuse:

• Use automated systems, bots, scrapers, or any automated means to access the Service, reports, or directories (accessing the knowledge base for personal reading is permitted)
• Attempt to reverse engineer, decompile, or extract source code from any part of the Service
• Use the Service for commercial resale or to operate as an intermediary for other parties without our express written permission
• Circumvent, disable, or interfere with security features or features that prevent unauthorized use
• Attempt to gain unauthorized access to any systems, accounts, or networks connected to the Service

Data and Content Violations:

• Submit false, fraudulent, or stolen Vehicle Identification Numbers (VINs)
• Submit VINs you do not own or lack authorization to use
• Share, distribute, or resell vehicle valuation reports to unauthorized third parties for commercial purposes
• Use data obtained from the Service to harass, defraud, or misrepresent information to insurance companies or other parties
• Misrepresent the source, accuracy, or completeness of valuation data
• Remove, obscure, or alter any proprietary notices or attributions in reports or materials

Harmful Activities:

• Engage in any unlawful, fraudulent, or deceptive practices
• Violate any applicable local, state, national, or international law
• Infringe upon intellectual property rights of any third party
• Introduce viruses, malware, or any malicious code
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity

Severity of Violations

Violations are classified as follows:

Minor Violations (may result in warning):

• First-time accidental sharing of reports
• Unintentional submission of incorrect information
• Minor policy misunderstandings

Serious Violations (may result in immediate termination):

• Fraudulent VIN submissions or use of stolen VINs
• Commercial resale without authorization
• Use of automated bots or scrapers on protected content
• Attempting to defraud insurance companies using our reports
• Multiple repeated violations after warnings
• Any activity that threatens the security or integrity of our Service

We reserve the right to determine violation severity at our sole discretion.

VIN Data Submissions and User Warranties

User Authorization and Ownership

By submitting a Vehicle Identification Number (VIN) to our Service, you represent and warrant that:

• You are the legal owner of the vehicle associated with the VIN, OR
• You have explicit authorization from the vehicle owner to submit the VIN and obtain a valuation report
• The VIN you submit is accurate and not fraudulent, stolen, or obtained through illegal means
• You will use the valuation report only for lawful purposes related to your legitimate interest in the vehicle
• You have disclosed to the vehicle owner (if you are not the owner) how their VIN data will be used

VIN Data Accuracy Disclaimer

While we strive to provide accurate vehicle valuations, you acknowledge and agree that:

• We rely on third-party API providers for VIN data
• We are not responsible for the accuracy, completeness, or timeliness of data provided by these third parties
• VIN data and valuations may contain errors, omissions, or outdated information
• You should independently verify all VIN data and valuation information before making decisions
• We disclaim all responsibility for decisions made based on VIN data accuracy

Third-Party API Disclaimers

The Service uses multiple third-party APIs to provide vehicle data. You acknowledge that:

• API providers may experience outages, errors, or data quality issues beyond our control
• We are not liable for any inaccuracies, downtime, or errors in data provided by any third-party data source
• API data reflects listings and market conditions at a point in time and may not represent final sale values or insurance settlements
• We make no guarantees about data availability or consistency across different API providers

User Responsibilities

Provide accurate info; use lawfully. Do not rely solely on valuations, articles, or providers for decisions like total loss claims, repairs, or sales—verify independently. Vehicle owners: Adjust estimates for condition/mileage; cross-check with inspections. No sharing of advisor contacts implies our involvement.

Payment Terms and Subscriptions

One-Time Purchases

Our Service operates on a one-time purchase model:

• Each vehicle valuation report is purchased individually
• Payment is required before report generation
• Prices are clearly displayed before purchase and may vary by service tier
• All prices are in U.S. Dollars (USD) unless otherwise stated

Payment Processing

• All payments are processed securely through Stripe or Lemon Squeezy
• We do not store your payment card information
• You authorize us to charge your selected payment method for the purchase amount
• Payment processing fees are non-refundable, even if you receive a refund for the service

Pricing Changes

We reserve the right to:

• Modify pricing at any time with or without notice
• Offer promotional pricing or discounts at our discretion
• Change pricing tiers or service offerings
• Any pricing changes will apply to future purchases only; existing purchases are not affected

Refund Policy and Money-Back Guarantee

Our refund policy and money-back guarantee are detailed in our Money-Back Guarantee policy. Key points:

• Refund requests must meet specific eligibility criteria outlined in our Money-Back Guarantee policy
• Payment processing fees are excluded from all refunds
• Refunds are issued to the original payment method
• Processing time for approved refunds is typically 5-10 business days
• Please refer to our complete Money-Back Guarantee documentation for full terms and conditions

Failed Payments

If a payment fails or is declined:

• You will not receive access to the requested report or service
• You are responsible for any fees imposed by your financial institution
• We may suspend or terminate access to your account until payment issues are resolved

Insurance Negotiation Disclaimer

No Guarantee of Outcomes

You acknowledge and agree that:

• Vehicle valuation reports are provided as informational tools only
• We make no guarantees about insurance settlement amounts or negotiation outcomes
• Insurance companies make independent decisions based on their own policies, appraisals, and criteria
• Our valuations are estimates based on market data and do not constitute binding assessments
• You use our reports in insurance negotiations entirely at your own risk

Independent Verification Required

When using our reports for insurance claims:

• You should obtain independent vehicle appraisals and inspections
• You should submit your own comparable sales data to support your position
• You should consult with licensed insurance professionals or attorneys
• You should not rely solely on our valuations as proof of vehicle value
• Actual vehicle condition, mileage, and market factors may differ from report assumptions

No Liability for Insurance Disputes

We are not liable for:

• Denied insurance claims or unfavorable settlement amounts
• Disputes between you and your insurance company
• Differences between our valuation and insurance company valuations
• Any damages, losses, or costs resulting from insurance negotiations
• Decisions made by insurance adjusters or claims processors

No Warranties or Liability

All content—including valuations, provider links, knowledge base articles, and advisor info—is "AS IS" and "AS AVAILABLE" without warranties of accuracy, completeness, merchantability, fitness, or non-infringement. Valuations reflect listings, not sales/settlements. Knowledge base is educational only, not legal/tax advice. We disclaim liability for third-party services, data errors, or advice outcomes.

No Legal or Professional Advice

Nothing on the Service is legal, financial, insurance, or professional advice. Consult licensed attorneys, accountants, or advisors for your situation. Knowledge base articles are general info; user misinterpretation does not create liability. Service advisors are external; we have no control over, affiliation with, or responsibility for their services, accuracy, or conduct.

Third-Party Providers and Disclaimers

Links to service providers are for convenience only—no endorsement, warranty, or agency relationship exists. We are not liable for their acts, omissions, quality, pricing, or disputes. Providers operate independently; any claims against them must be directed solely to them. Users assume all risks of engaging third parties via our site.

Indemnification

You agree to indemnify, defend, and hold harmless us, affiliates, officers, directors, employees, agents, MarketCheck, third-party providers, and advisors from all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising from: (a) your use/misuse of the Service; (b) reliance on data/content/advice; (c) disputes with providers/advisors; (d) total loss/vehicle transactions; (e) breach of Terms; (f) law violations; (g) unauthorized use of your account; (h) fraudulent VIN submissions; or (i) violations of prohibited activities. This covers lawsuits alleging bad advice, poor services, data misuse, or account misuse.

Limitation of Liability

Liability Cap

Our total aggregate liability to you for all claims arising from or related to the Service is limited to the lesser of:

• $100, OR
• The total amount you paid us in the 12 months preceding the claim

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

Excluded Damages

We are not liable for:

• Indirect, incidental, consequential, special, or punitive damages
• Lost profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services
• Claims arising from inaccurate data, third-party services, knowledge base content, or unaffiliated advisors
• Claims related to insurance negotiations or settlement outcomes
• Damages resulting from API provider errors or outages
• Unauthorized account access (if you failed to maintain security)
• Any damages exceeding the liability cap stated above

Basis of the Bargain

You acknowledge that we have set our prices and entered into this agreement in reliance upon these limitations of liability, and that these limitations reflect a reasonable allocation of risk between the parties.

Dispute Resolution and Arbitration

Mandatory Binding Arbitration

You and TotalLoss Tool Kit agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved through binding arbitration rather than in court, except as specified in the "Exceptions to Arbitration" section below.

Arbitration Process

• Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
• The arbitration will take place in New Jersey unless both parties agree otherwise
• The arbitrator's decision will be final and binding
• Judgment on the arbitration award may be entered in any court having jurisdiction
• You and we each agree to waive the right to a jury trial

Class Action Waiver

YOU AND TOTAL LOSS TOOL KIT AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER CONSOLIDATED PROCEEDING.

Neither you nor we may bring a claim on behalf of other individuals or entities, nor participate as a class member in any class or consolidated proceeding. If this class action waiver is found to be unenforceable, the entire arbitration agreement will be void.

Exceptions to Arbitration

The following matters are NOT subject to mandatory arbitration:

• Claims that qualify for small claims court (claims seeking $10,000 or less)
• Claims for injunctive or equitable relief to protect intellectual property rights
• Claims that may be brought in small claims court in New Jersey

Either party may bring such claims in small claims court or, if the matter is outside small claims court jurisdiction, in state or federal courts located in New Jersey.

Arbitration Costs

• For claims under $10,000, we will pay all arbitration filing fees and administrative costs
• For claims over $10,000, fees will be allocated according to AAA rules
• Each party will bear its own attorney's fees unless the arbitrator awards them to the prevailing party

Notice Requirement

Before initiating arbitration, you must send written notice to us describing the dispute via our contact form. We will have 30 days to attempt to resolve the dispute informally. If unresolved, either party may commence arbitration.

Account Termination

Termination by Us

We reserve the right to suspend, disable, or terminate your account and access to the Service, with or without notice, for:

• Violation of these Terms or any prohibited activities
• Fraudulent VIN submissions or suspected fraudulent activity
• Unauthorized commercial use or resale of services
• Use of bots, scrapers, or automated access to protected content
• Abusive, threatening, or harassing behavior toward our staff or other users
• Non-payment or payment disputes
• Any activity that threatens the security, integrity, or operation of our Service
• Any reason at our sole discretion

Immediate Termination for Serious Violations

For serious violations (as defined in "Prohibited Uses and Activities"), we may:

• Terminate your account immediately without prior warning
• Deny access to all services and reports
• Retain evidence of violations for legal purposes
• Report illegal activity to appropriate authorities
• Take legal action to protect our rights and interests

Termination by You

You may terminate your account at any time by:

• Contacting us through the website contact form
• Requesting account deletion in writing

Upon termination, you will lose access to all account data, reports, and services.

Effect of Termination

Upon termination of your account:

• Your right to access and use the Service immediately ceases
• All outstanding fees become immediately due and payable
• No refunds will be provided unless required by our Money-Back Guarantee policy
• We may delete your account data and associated information
• Sections of these Terms that by their nature should survive termination will continue to apply (including Indemnification, Limitation of Liability, Dispute Resolution, and Governing Law)

No Liability for Termination

We will not be liable to you or any third party for any termination of your account or access to the Service.

Governing Law and Jurisdiction

Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.

Jurisdiction and Venue

For any disputes not subject to arbitration (as specified in the "Exceptions to Arbitration" section):

• You agree that any legal action must be brought exclusively in the state or federal courts located in New Jersey
• You consent to the personal jurisdiction of such courts
• You waive any objection to venue in such courts

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent authority:

• That provision will be modified to the minimum extent necessary to make it valid and enforceable
• If modification is not possible, the provision will be severed from these Terms
• All other provisions of these Terms will remain in full force and effect

Disclaimers Table for Users

Changes to These Terms

Right to Modify

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Changes may include:

• Updates to reflect new features or services
• Clarifications to existing provisions
• Changes required by law or regulation
• Adjustments to pricing, refund policies, or service offerings

Notice of Changes

When we make changes to these Terms:

• We will update the "Effective Date" at the top of this document
• We will update the version number
• For material changes, we will provide notice through email or a prominent notice on our website at least 15 days before the changes take effect
• Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms

Review Responsibility

It is your responsibility to review these Terms periodically for updates. If you do not agree to modified Terms, you must stop using the Service and may request account termination.

Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy and Money-Back Guarantee policy, constitute the entire agreement between you and TotalLoss Tool Kit regarding the Service and supersede all prior agreements, understandings, and communications.

No Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. No waiver will be effective unless made in writing and signed by an authorized representative of TotalLoss Tool Kit.

Assignment

You may not assign or transfer these Terms or your account to any third party without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service provider failures.

Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and TotalLoss Tool Kit. You have no authority to bind us or make commitments on our behalf.

Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Information

If you have questions about these Terms and Conditions, please contact us through the contact form available on our website.

We aim to respond to all inquiries within 5-7 business days.