Website Terms of Use

These Terms of Use (the “Terms”) govern your use of vw.com (the “Site”). The use of the Site, which is owned and provided by Volkswagen of America, an operating division of Volkswagen Group of America, Inc. (“we,” or “us”), is governed by the terms and conditions set forth below. By downloading, accessing, purchasing from, or using the Site, you agree to these Terms set forth herein. If you do not agree to the Terms in its entirety, you are not authorized to use the Site in any manner or form whatsoever. Ancillary services, including but not limited to connected vehicle services enabled through myVW+ and VW Credit Inc. (d.b.a. Volkswagen Financial Servies and Volkswagen Credit), while accessible through the Site, are governed by separate terms of service available here and here.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES REGARDING THE SITE BETWEEN YOU AND US ARE RESOLVED, WHICH INCLUDES AN AGREEMENT TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR THESE TERMS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THESE TERMS ALSO INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE NOT TO HAVE A TRIAL BY JURY AND NOT TO PROCEED WITH ANY DISPUTE AS PART OF A CLASS ACTION. PLEASE SEE BELOW IN THESE TERMS FOR FURTHER INFORMATION.

1. LICENSE GRANT. Subject to your continued compliance with these Terms, we provide to you a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Site on your (and a single) computer, mobile phone, or other computing device and only for personal or internal purposes. The content layout, formatting, features of, and online or remote access processes or privileges for the Site shall be as specified by us in our sole discretion. You also acknowledge and agree to the following: (i) we have the right to control and direct the means, manner, and method by which the Site is provided; (ii) we may, from time to time, engage independent contractors, consultants, or subcontractors to aid us in providing the Site or use thereof; and (iii) we have the right to provide the Site to others.
2. USER OBLIGATIONS. You must be at least eighteen (18) years of age or the legal age of majority (whichever is greater) to use the Site. By using the Site, you represent and warrant that you have full power, capacity, and authority to agree to these Terms and have not been previously suspended or removed from using the Site. By purchasing from, downloading from, accessing, or using the Site, you covenant that you will abide by all applicable local, state, and national laws and regulations with respect to your use of the Site, and that you meet all of the above eligibility requirements. You further covenant that you will, at all times, provide true, accurate, current, and complete information (and updates thereto) when submitting information through the Site and agree to provide us reasonable cooperation in connection with operation or support of the Site.
3. RESTRICTIONS ON USE. Except as may be expressly permitted by us in writing, the Site, including the messages, data, information, content, or other material provided as part of the Site, are provided only for your personal use and not for resale. Certain information you receive through the Site belongs to us, and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (and may not permit or cause any other party to) sell, resell, or otherwise use the Site or any information provided through the Site for commercial purposes. All rights not expressly granted under these Terms are hereby reserved by us. Accordingly, you may not modify, translate, decompile, create or attempt to create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, perform, transmit, attempt to reverse engineer, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Site or materials provided through the Site in any manner not expressly permitted herein. You also acknowledge and agree that you may not use the Site or materials provided through the Site to create, train, or improve an AI Tool (as defined below).
4. ACCOUNT. Certain features on the Site may require creation of an account (the “User Account”). Your use of any services available by way of a User Account is governed by separate terms pertaining to the applicable service and may require adherence to other particular access requirements as designated by us in our sole discretion from time to time. You hereby agree to consider your User Account (including any username and password) as confidential information and not to disclose such information to any third party without our prior written consent, which may be withheld in our sole discretion. In addition, you agree to assume all responsibility concerning your use of the Site, including being held responsible for any and all activity occurring through your User Account. You shall immediately notify us if you suspect or become aware of any loss or theft of your password or any unauthorized use of your User Account.
5. PROPRIETARY RIGHTS. The Site is protected by the United States and international copyright laws and may be subject to other intellectual property protections, including patent and trademark rights.  You may not (or permit or cause any other party to) reproduce, copy, distribute, modify, make derivative works from, perform, broadcast, display, transmit, reuse, re-post, use (except as expressly permitted herein), or claim any right in any aspect of the Site, including the content, text, images, audio, and video, without our express, prior written permission. Any trademarks, logos, and service marks (collectively, “Marks”) displayed in connection with the Site are the registered and/or unregistered trademarks of Volkswagen Group of America, Inc. or other third parties. Nothing contained in these Terms or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Mark or any variation thereof without the written permission of Volkswagen Group of America, Inc. or the other owner thereof.  Your use of any Marks without prior written authorization is strictly prohibited.
6. RIGHTS YOU GRANT US. You permit us the right to allow the Site to use the processor, bandwidth, and storage hardware on your mobile device or other computing device used to access the Site in order to facilitate the operation of the Site. You, further, grant to us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide right, and license to use, reproduce, display, publish, translate, modify, create derivative works from, and distribute the data and information you submit or provide to the Site that is gathered by us in connection with your use of the Site through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method, or technology, whether now known or hereafter created; provided that such data is used in a form that does not personally identify you. You represent and warrant that you have all necessary permissions to share your data and information.
7. DMCA TAKEDOWN POLICY. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information:
   1.              An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
   2.              A description of the copyrighted work or other intellectual property that you claim has been infringed;
   3.              A description of where the material that you claim is infringing is located (e.g., URL) with enough detail that we may find it;
   4.              Your address, telephone number, and email address;
   5.              A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
   6.              A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
   
   Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
   We suggest that you consult your legal advisor before filing a notice with our copyright agent.  You should be aware that there can be penalties for false claims under the DMCA.
   
   Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
   By email:  VWCustomerCARE@vw.com
   By mail:  Volkswagen Customer CARE Center, 3800 Hamlin Road, Auburn Hills, MI 48326
   Please note that, due to security concerns, attachments cannot be accepted.  Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
8. TERM AND TERMINATION. These Terms will take effect, or re-effect, at the time you download from, access, or begin using the Site. These Terms will terminate automatically if (i) you fail to comply with any of its terms and conditions or (ii) cease all use of the Site. Termination will be effective without notice. In addition, we may, in our sole discretion, terminate these Terms or suspend the Site for any or no reason. Upon termination of these Terms, any and all right(s) to use the Site shall immediately cease and you must promptly delete or destroy all copies of the Site in your possession or control. The sections regarding Proprietary Rights, Rights You Grant Us, Feedback, Limitation of Liability, Indemnification, Governing Law, Term and Termination, Waiver & Severability, Order of Precedence, Governing Law, Relationship of the Parties, Assignment, Modifications, and Entire Agreement will survive the termination of these Terms.
9. CONTENTS; USE OF ARTIFICIAL INTELLIGENCE. You acknowledge that the use of the Site, including any actions taken or reliance on the information and imagery provided through the Site, are at your own risk. Additionally, the Site and materials or features provided through the Site may include features which use, are powered by, or are artificial intelligence tools, including but not limited to, computer systems, software, or features that exhibit or utilize algorithms and training data, and/or human-level cognitive skills to perform tasks, analyze data, or make or assist in making decisions (“AI Tools”). The organization and overall presentation of the materials you receive or access by way of the Site may have been developed or enhanced by the use of AI Tools, including image development and product descriptions. Accordingly, the materials provided through the Site may not be completely error-free or up to date. We recommend independently verifying any information available on the Site.
10. DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. WE DO NOT GUARANTEE THAT THE SITE WILL BE UP-TO-DATE, AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR TO ANY GEOGRAPHIC LOCATION, OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION, DELAY, OR ERROR. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT (I) THE SITE, (II) NONINFRINGEMENT, OR (III) ANY DATA, CONTENT, OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SITE. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF SECURITY, TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES. IN ADDITION, WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE USE OR INTERPRETATION OF ANY AI TOOL-GENERATED CONTENT ON THE SITE, AND WE DISCLAIM ANY LIABILITY FOR DAMAGES OR LOSSES RESULTING FROM THE USE OR RELIANCE ON SUCH CONTENT.
11. LIMITATION OF LIABILITY. BY AGREEING TO THESE TERMS OR BY USING THE SITE, YOU ARE WAIVING CERTAIN RIGHTS AND YOU ARE PROVIDING YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US.
    
    We do not assume any risk or responsibility for your use of the Site or any of the information or other content (including any third-party advertisement) provided as part of the Site. You acknowledge and agree that we are not liable for problems caused by or contributed to by you, by any third-party, by acts of God or natural disaster, or by any other conditions or circumstances out of our control. We do not assume any responsibility or liability for the use or interpretation of any products or services that use artificial intelligence tools, including, but not limited to, ChatGPT or similar third-party service providers, to supplement Site (“AI Feature(s)”) integrated into the Site, and we disclaim any liability for damages or losses resulting from the use or reliance on such AI Feature(s).
    
    In addition, neither we, nor any Volkswagen company, are liable: (i) for any act or omission of any other company furnishing a part of the Site; (ii) for errors or omissions of any vendors, dealers, or manufacturers participating in offers or advertisements made through us; or (iii) for any damages that result from or arise out of the use by you of the Site, or any product or service provided by or manufactured by third parties.
    
    IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US AND ANY VOLKSWAGEN COMPANY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED UNDER THESE TERMS, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). YOU ACKNOWLEDGE AND AGREE THAT WE WOULD NOT HAVE AGREED TO PROVIDE THE SITE TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US AND ANY VOLKSWAGEN COMPANY TO YOU.
    
    IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (I) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (II) ATTORNEYS’ FEES. YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.
    
    IN NO EVENT SHALL WE NOR ANY VOLKSWAGEN COMPANY BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SERVICE INITIATED WITH YOUR AUTHENTICATION INFORMATION BY A THIRD PARTY.
    
    You understand and agree that we shall have no legal, equitable, or other liability of any kind to you in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise relating to or arising from the Site, and you waive any and all such claims or demands.
12. ARBITRATION; DISPUTE RESOLUTION. YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES BETWEEN US, WE WILL FIRST TRY TO RESOLVE IT BY TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN RESOLVING OUR DISPUTES IN THIS MANNER, WITHIN A REASONABLE TIME PERIOD, YOU AND WE EACH AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW: (I) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE BETTER BUSINESS BUREAU (“BBB”) UNDER BBB ARBITRATION RULES, AS MODIFIED BY THESE TERMS. BBB RULES AND FEE INFORMATION ARE AVAILABLE FROM US OR THE BBB. ARBITRATION IS NOT A COURT PROCEEDING. THE RULES OF ARBITRATION DIFFER FROM THE RULES OF COURT. THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING; (II) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS, CLASS ARBITRATIONS, OR MASS ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE, ON A CLASS OR COLLECTIVE BASIS, ANY SUCH CONTROVERSY OR CLAIM AGAINST US, ANY VOLKSWAGEN COMPANY, OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES, OR PREDECESSORS IN INTEREST. YOU ACKNOWLEDGE AND AGREE THAT THE CONSOLIDATION OF CLAIMS MADE BY MORE THAN ONE PLAINTIFF, ARE BOTH EXPRESSLY PROHIBITED, AND AGREE TO ARBITRATE ANY DISPUTE SOLELY ON AN INDIVIDUAL BASIS. IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION; (III) NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD PERMIT. IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT. IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE (3) ARBITRATORS; AND (IV) IN THE EVENT THAT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND WE EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY, AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.
    
    IN THE EVENT THE CLASS ACTION PROHIBITION OR ANY OTHER PROVISION OF THIS SECTION IS DEEMED INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS ARBITRATION CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT.
13. ZIP CODE DETECTION; DO NOT TRACK SIGNALS. You acknowledge and consent to the Site collecting your IP address, via IP sniffing, and mapping your IP address to a zip code through a third-party database. Additionally, some browsers have incorporated Do Not Track (DNT) preferences. Most of these features, when turned on, send signals to the website you are visiting that you do not wish for collection and use of data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.   
14. THIRD PARTY SITE LINKS. The Site may offer or contain links to other sites, including, among others, those of advertisers, other third parties, and companies whose trademarks may appear on the site.  We are not responsible for the information collection practices or the content of the sites to which we link.
15. EXPORT. You agree to comply with all applicable trade regulations and export control laws, both domestic and foreign, and to allow any information you provide to be used for the purpose of ensuring export compliance.  The Site and any underlying information accessed or transferred by you using the Site may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730–774), as well as the import regulations of other countries. Any information transferred by you using the Site to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
16. PRICING; AVAILABILITY. Your location, particularly in rural or enclosed areas, may affect the availability and quality of the features, functionality, or offerings of the Site. Some or all of the Site may not be available in all areas. You expressly release us from all liabilities and losses (including, without limitation, physical injury and death) that you or others may suffer in a situation where some or all of the Site is not available. Additionally, the products and programs mentioned on the Site are subject to availability. All prices shown are the U.S. Manufacturer's Suggested Retail Price and do not include extra costs, such as, but not limited to, taxes, dealer charges, registration, and transportation. For specific product availability and program information, please visit your local authorized Volkswagen dealer.
    
    To the extent fees are payable through the Site, you represent and warrant that: (i) any payment information supplied to us is true, correct, and complete; (ii) you are duly authorized to use such payment information for the purchase; (iii) charges incurred by you will be honored by your payment company; and (iv) you will pay charges incurred at the posted prices, including all applicable taxes and fees, if any. By using a current, valid, and accepted method of payment to pay for any services through the Site, you expressly authorize us or our agents to charge all fees and other costs incurred in connection with the Site to the accepted method of payment. We reserve the right at any time to change the fees or costs for use of the billable services available through the Site.
17. SECURITY AND ENFORCEMENT. We reserve the right, in our sole discretion, to review, monitor, and/or record any information relating to your use of the Site (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Site. We may share any User Information we obtain from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. We will also disclose User Information as required by any court order and/or subpoena. In addition, we hereby reserve the right, in our sole discretion, to, at any time and without notice, modify, suspend, terminate, and/or interrupt operation of or access to the Site, or any portion thereof, in order to protect the Site, our intellectual property, and/or our members’ and affiliates’ business interests. We reserve the right to disclose any information about you, including your account information and access to and use of your account, to law enforcement as necessary and as permitted by law to enforce these Terms, to comply with any court order, or as permitted in our Privacy Statement.
18. INDEMNIFICATION. You agree to indemnify and hold harmless us, and each of our respective affiliates, officers, directors, agents, partners, and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys’ fees on account thereof) (collectively “Claims”) irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages, or injuries (including, without limitation, Claims for libel, slander, or any property damage, personal injury, or death), arising in any way, directly or indirectly, in connection with your violation of these Terms. You agree that the limitations of liability and indemnities in these Terms will survive even after termination or expiration of these Terms.
    
    WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU, FURTHER, AGREE TO RELEASE US FROM ALL CLAIMS, LIABILITIES, AND LOSSES IN CONNECTION WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DATA COMPROMISE, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SITE, EVEN IF CAUSED BY THE NEGLIGENCE OF US. YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
19. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of these Terms, including, without limitation, violations or infringement of our intellectual property or proprietary rights, may cause irreparable injury to us, whereby such injury would not be quantifiable in monetary damages, and we would not have an adequate remedy at law. In the event of such injury or potential for such injury you, therefore, hereby agree that we shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms.
20. SAFETY. DO NOT USE OR OTHERWISE ENGAGE WITH THE SITE WHILE DRIVING. USERS OF THE SITE SHOULD NEVER USE THE SITE IN A MANNER THAT IS DISTRACTING TO THE DRIVER/USER. ALWAYS PAY CAREFUL ATTENTION TO THE ROAD, AND DO NOT DRIVE WHILE DISTRACTED. Additionally, airbags are supplemental restraints only and will not deploy under all accident circumstances. Always use safety belts, and seat children only in the rear, using restraints that are appropriate for their size and age.
21. FEEDBACK. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to us, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights), and that you have all rights necessary to convey to us and enable us to use such Feedback. In addition, any Feedback received by us will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right, and license from you for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
22. ORDER OF PRECEDENCE. These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, these Terms shall control.
23. GOVERNING LAW. To the full extent legally permissible, these Terms and any disputes arising out of or relating to them or the Site will be governed by the laws of the Commonwealth of Virginia, wherever filed without regard to conflicts of laws principles and subject to arbitration as set forth above. If the arbitration requirements of this agreement are inapplicable or unenforceable, any complaint or other legal action concerning these Terms shall be interpreted under the laws of the Commonwealth of Virginia and shall be subject to the jurisdiction of the courts of the Commonwealth of Virginia. Complaints, arbitration, or other legal actions involving California customers will be interpreted under the laws of the State of California and will be subject to the jurisdiction of the courts of the California county in which the customer primarily uses the Site.
24. RELATIONSHIP OF THE PARTIES. Notwithstanding anything else herein, these Terms do not create any fiduciary relationships between you and us. These Terms also do not create any relationship of principal and agent, partnership, or employer and employee between you and us.
25. WAIVER & SEVERABILITY. No waiver of any part of these Terms, or of any breach of it, in any one instance will require us to waive any other instance or breach. If any part of these Terms is declared invalid or unenforceable, all other parts of these Terms are still valid and enforceable.
26. ASSIGNMENT. We may assign its rights under these Terms at any time, without notice to you. Your rights arising under these Terms cannot be assigned without our express written consent.
27. MODIFICATIONS. We may update these Terms at any time by posting or sending you a revised version of these Terms and may do so without advance notice to you. Accordingly, please review these Terms on a periodic basis. Each time you access the Site, you agree to be bound by these Terms (and the then-current version in effect) at the time you access the Site. If you do not agree to the revised terms, do not use the Site.
28. ENTIRE AGREEMENT. These Terms are the entire agreement between you and us with respect to this Site. It supersedes all other agreements, communications, or representations, oral or written, between us, past or present. We are not responsible for any statements, agreements, representations, warranties, or covenants, oral or written, including, without limitation, any statements from third parties concerning or relating to the Site provided to you pursuant to these Terms, unless such statements, agreements, representations, warranties, or covenants are expressly contained in or incorporated in these Terms.