Claves para el éxito del remarketing
Claves para el éxito del remarketing
Claves para el éxito del remarketing
Servicios de Flotas de Vehículos es una empresa de liquidación de flotas reconocida a nivel nacional que ofrece servicios de remarketing en Manheim, Adesa y varias subastas independientes en todo Estados Unidos. Somos líderes en la industria en tasas de conversión de MMR, que suelen rondar el 110-115 % en comparación con el mercado, y nuestro equipo cuenta con más de 20 años de valiosa experiencia en remarketing. ¡Aproveche al máximo sus oportunidades de remarketing de vehículos hoy mismo!
8. Dealer Representations, Warranties, and Obligations
8.1. Title and Documentation
Dealer shall complete all necessary documentation to obtain clear, marketable title to each Dealer Vehicle and shall assign such title to AssuraCar or its designee prior to returning the Dealer Vehicle to AssuraCar. Dealer shall further cooperate by providing any additional documentation, signatures, or information reasonably requested by AssuraCar in connection with processing a returned Dealer Vehicle and/or any related reimbursement request.
8.1.1. Dealer Representations and Warranties
Dealer represents and warrants that:
(i) each Dealer Vehicle sold or returned to AssuraCar pursuant to these Terms and Conditions is conveyed with good and marketable title, free and clear of all liens, judgments, encumbrances, and citations; and
(ii) the odometer reading of such Dealer Vehicle, as well as any corresponding odometer statement provided, is true, correct, and accurate in all respects.
8.1.2. Power of Attorney
For value received, Dealer hereby irrevocably appoints AssuraCar, its Affiliates, and AssuraCar Network Auctions as Dealer’s true and lawful agent and attorney-in-fact, with full authority to take any and all actions and to sign, e-sign, authenticate, or otherwise execute any and all documents deemed necessary, advisable, or expedient by AssuraCar in its sole judgment, including but not limited to odometer disclosure statements, title documents (including applications for duplicate titles), bills of sale, and invoices, in order to perfect or transfer title to any Dealer Vehicle that may be repurchased or remarketed by AssuraCar or its Affiliates. Dealer acknowledges that it may be required to execute additional written power-of-attorney documentation upon request by AssuraCar. Dealer agrees to indemnify and hold harmless AssuraCar, its Affiliates, and AssuraCar Network Auctions from and against any and all claims or causes of action arising out of or related to the exercise of such authority.
8.2. Transaction Integrity
8.2.1. Dealer Representations and Warranties
Dealer further represents and warrants that:
8.2.1.1. each Product is purchased and allowed as part of a bona fide, arm’s-length vehicle transaction conducted through either a licensed wholesale auction or dealer; or through an acceptable private party vehicle acquisition or trade;
8.2.1.2. each Dealer Vehicle was acquired by Dealer through a transaction involving competitive bidding; or through a fair wholesale evaluation process;
8.2.1.3. Dealer is not purchasing or selling any Dealer Vehicle for which a Product is being purchased in collusion with any third party, including, without limitation, the seller or any subsequent purchaser of the Dealer Vehicle;
8.2.1.4. no party to the transaction is acting in dual or conflicting capacities (e.g., as both buyer and seller, or as an affiliated buyer and seller); and
8.2.1.5. neither Dealer, nor to Dealer’s knowledge any other party, has engaged in any fraudulent, improper, or wrongful conduct in connection with the Dealer Vehicle or any Product, including but not limited to artificially inflating bid prices.
8.2.2. Enforcement
AssuraCar reserves the right to pursue any and all legal or equitable remedies against any Dealer it reasonably suspects of engaging in fraudulent, collusive, or otherwise improper conduct pertaining to any Product.
8.2.3. Right to Decline Business
Dealer acknowledges that AssuraCar is a private entity and may, at any time and in its sole discretion, decline to engage in business with Dealer or any other party, including any buyer of a Dealer Vehicle, for any reason or no reason whatsoever.
8.2.4. Restrictions on Repurchase by Dealer
Dealer acknowledges and agrees that neither Dealer nor any of its Affiliates shall repurchase any Dealer Vehicle within one hundred twenty (120) days following the date on which AssuraCar funds a claim expense on such Dealer Vehicle, unless AssuraCar gives written allowances stating repurchase action is granted.
8.2.5. Compliance with Laws
Dealer shall comply with all applicable federal, state, provincial, and local laws relating to vehicle sales and purchases.
8.2.6. Recordkeeping and Inspection
Dealer will maintain complete and accurate records of transactions under these Terms and Conditions for at least three (3) years. Dealer and its agents will, upon reasonable request by AssuraCar, make such records available for inspection and provide reasonable access to personnel.
8.2.7. Breach and Remedies
If AssuraCar, its Affiliate, or Partner Auctions knows or reasonably believes that Dealer has breached any representation, warranty, or covenant, AssuraCar and its Affiliates may refuse to allow program benefits for any Dealer Vehicle and may pursue remedies including:
• 8.2.7.1. denying Dealer access to auctions or sales channels operated by AssuraCar Network Auctions;
• 8.2.7.2. prohibiting Dealer from purchasing or benefiting from any Product;
• 8.2.7.3. setting off any amounts owed to Dealer.
8.3. Fees and Payment
Dealer shall pay to AssuraCar the fees specified in the applicable Purchase Confirmation for each AssuraCar Return Guarantee (the “Fees”). The amount of the Fees shall correspond to the Subscription Rate set forth in Paragraph 2.2.1.1. Dealer hereby authorizes AssuraCar, or its authorized payment processor, to charge any credit card, bank account, or other payment method maintained by Dealer on file as of the date of purchase of the applicable AssuraCar Return Guarantee for the full amount of such Fees.
8.3.1. Non-Refundability; Taxes
Except as expressly provided in these Terms and Conditions, all Fees and other amounts paid by Dealer hereunder are non-refundable. Dealer shall be solely responsible for the payment of all federal, state, provincial, and local taxes, duties, fees, or assessments imposed on or arising from the Fees or the provision of AssuraCar Return Guarantees hereunder, excluding, however, any taxes imposed on AssuraCar’s income.
8.3.2. Failure to Pay
Notwithstanding anything to the contrary herein, if Dealer fails to remit payment of any Fees when due, AssuraCar may, in its sole discretion and without prior notice to Dealer, (i) cancel the applicable AssuraCar Program Allowances order, or (ii) reject Dealer’s AssuraCar Program Allowances and Benefits Request with respect to the applicable Dealer Vehicle. The rights described in this Section are cumulative and shall be in addition to any other rights or remedies available to AssuraCar at law, in equity, or under these Terms and Conditions.
8.3.3. No Refund Following Retail Sale of Vehicle
Dealer acknowledges and agrees that upon Dealer’s retail sale or wholesale disposal of a Dealer Vehicle for which an AssuraCar Program Allowance and Benefit has been purchased, Dealer shall be deemed to have received the full intended benefit of such AssuraCar Return Guarantee. Under no circumstances shall AssuraCar be obligated to refund any Fees for such AssuraCar Program Allowance or Benefit, including in circumstances where AssuraCar elects not to repurchase or accept return of the Dealer Vehicle.
8.4. Excessive Program Usage or Benefit Abuse
AssuraCar reserves the right, in its sole discretion, to assess an excessive Program Usage or Benefit Abuse fee (“Excessive Program Usage or Benefit Abuse Fee”) with respect to each Dealer Vehicle returned by any Dealer operating under “Program Usage or Benefit Abuse Status,” as defined herein, or be immediately terminated from the program.
8.4.1. Definition of Excess Program Usage or Benefit Abuse
A Dealer shall be deemed to be operating under “Excessive Program Usage or Benefit Abuse Status” if, within any rolling thirty (30) day period:
• 8.4.1.1. Dealer has purchased ten (10) or more Dealer Vehicles; and
• 8.4.1.2. Dealer has exercised more than a twenty percent (20%) program usage or benefit use of such purchased Dealer Vehicles.
8.4.2. Application of Excessive Program Usage or Benefit Abuse Fees
If Dealer meets or exceeds any of the thresholds described above, AssuraCar may assess Excess Fees in accordance with the schedule below against program benefit in excess of such threshold. AssuraCar shall invoice Dealer for such Excessive Program Usage or Benefit Abuse Fees and may withhold vehicle reimbursement payments until all additional fees are paid in full. AssuraCar further reserves the right to: (i) deduct Excessive Program Usage or Benefit Abuse Fees from any reimbursement amounts due to Dealer; and/or (ii) offer Dealer the option to cancel certain program benefits in order to reduce Excessive Program Usage or Benefit Abuse volume below applicable thresholds.
• 8.4.2.1. 20% to 29.99% return rate: $3,000 per program abuse or excessive usage;
• 8.4.2.2. 30% to 39.99% return rate: $3,500 per program abuse or excessive usage;
• 8.4.2.3. 40% to 49.99% return rate: $4,000 per program abuse or excessive usage;
• 8.4.2.4. 50% or higher return rate: $5,000 per program abuse or excessive usage.
9. Indemnification
Dealer shall indemnify, defend, and hold harmless AssuraCar, its AssuraCar Network Auctions, Affiliates, subsidiaries, successors and assigns, and each of their respective officers, directors, employees, and agents (collectively, the “AssuraCar Indemnified Parties”) from and against any and all claims, losses, demands, causes of action, damages, debts, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs), arising out of or relating to:
(a) any third-party claim resulting from any breach or alleged breach by Dealer of its obligations, representations, or warranties under these Terms and Conditions, or any breach or alleged breach by any purchaser of a Dealer Vehicle sold by Dealer of such purchaser’s obligations, representations, or warranties; or
(b) any claim or demand made by any purchaser, future owner, or holder of a Dealer Vehicle for which Dealer has purchased any AssuraCar Product or Program Allowances.
10. Limitation of Liability
IN NO EVENT SHALL THE ASSURACAR INDEMNIFIED PARTIES BE LIABLE TO DEALER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY PURCHASER OF A DEALER VEHICLE) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR ANY ASSURACAR PRODUCT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF THE ASSURACAR INDEMNIFIED PARTIES TO DEALER OR ANY THIRD PARTY CLAIMING THROUGH DEALER (INCLUDING ANY PURCHASER OF A DEALER VEHICLE) FOR ANY CLAIM ARISING OUT OF OR RELATING TO ANY ASSURACAR PRODUCT OR THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY DEALER TO ASSURACAR FOR THE PRODUCT ASSOCIATED WITH THE DEALER VEHICLE GIVING RISE TO SUCH CLAIM.
11. Proprietary Rights
The AssuraCar Products, together with these Terms and Conditions, constitute proprietary materials and intellectual property owned exclusively by AssuraCar. All rights, title, and interest in and to the Products, including all patents, copyrights, trademarks, trade secrets, and other intellectual or proprietary rights, are and shall remain the sole property of AssuraCar. The Products constitute valuable trade secrets of AssuraCar and shall not be used, disclosed, or reproduced except as expressly authorized herein.
12. Account Information; Responsibility for Account Activity
Any usernames, passwords, or other account credentials provided to or created by Dealer for use in connection with the Products shall be kept strictly confidential and shall not be shared with any third party without the prior written consent of AssuraCar. Notwithstanding the foregoing, Dealer shall be solely responsible and liable for all actions, transactions, and activities conducted through Dealer’s accounts, including the payment of all Fees incurred in connection therewith.
13. Right of Set-Off
Notwithstanding anything to the contrary herein, if Dealer fails to pay any Fees or other amounts owed to AssuraCar or its Affiliates within thirty (30) days of the date such amounts become due, AssuraCar and its Affiliates shall have the absolute and unconditional right to deduct and set off such unpaid amounts from any sums that may be or become payable to Dealer, including, without limitation, any amounts payable in connection with the return or repurchase of any Dealer Vehicle.
Additionally, AssuraCar and its Affiliates shall have the right to deduct and set off from any amounts payable to Dealer for any Dealer Vehicle being repurchased or accepted for return, any unpaid Fees or other amounts owed by Dealer in connection with any Product or service relating to such Dealer Vehicle, regardless of whether such unpaid amounts are past due.
14. Arbitration and Class Action Waiver
14.1. Agreement to Arbitrate
Dealer agrees that any dispute, claim, or controversy arising out of or relating in any way to these Terms and Conditions or any AssuraCar Product shall be resolved exclusively through final and binding arbitration. This arbitration requirement means that Dealer’s claims against AssuraCar will be resolved by a neutral arbitrator rather than in a court of law. Dealer further acknowledges and agrees that AssuraCar may, but shall not be obligated to, submit to arbitration any dispute or claim it may have against Dealer, and any such arbitration shall be conducted in accordance with this Section 14.
14.2. Right to Opt Out of Arbitration
Dealer may opt out of the arbitration provisions set forth in this Paragraph 14 without any adverse effect on its relationship or business dealings with AssuraCar.
To validly exercise this opt-out right, Dealer must deliver written notice to:
AssuraCar
c/o Legal Department
8595 Washington St, Suite 200, Thornton, CO 80229
Such written notice must be received no later than thirty (30) days following Dealer’s initial acceptance of these Terms and Conditions. This procedure is the sole method for opting out.
14.3. Class Action Waiver
Any arbitration hereunder shall occur on an individual basis only. Class arbitrations, class actions, collective actions, private attorney general actions, and other representative proceedings are strictly prohibited. Dealer expressly waives any right to participate in, or to bring, any such action against AssuraCar.
If Dealer validly opts out of arbitration or if arbitration is deemed unenforceable, this class action waiver shall continue to apply in litigation. If the class action waiver is deemed invalid, the entire arbitration agreement shall be null and void.
14.3.1. Arbitration Procedures
• Arbitration shall be administered by independent Arbiter of AssuraCar’s choosing.
• The arbitrator shall strictly enforce these Terms and Conditions and shall have no authority to modify them.
• Arbitration shall take place in Adams County, in the English language.
• Each party shall bear its own legal expenses and share arbitration costs equally, except that the arbitrator may award AssuraCar its costs and reasonable attorneys’ fees if Dealer’s claim is brought in bad faith.
14.3.2. Governing Law
Dealer acknowledges that transactions with AssuraCar involve interstate commerce; therefore, the Federal Arbitration Act (FAA) governs this arbitration clause and class action waiver. This provision survives termination or expiration of these Terms and Conditions.
15. Governing Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-law principles. To the extent any dispute is not subject to mandatory arbitration, the exclusive jurisdiction and venue shall lie in the state or federal courts located in Adams County, Colorado.
16. Amendments to Terms and Conditions
AssuraCar reserves the right to amend or modify these Terms and Conditions at any time. Any such modifications will be posted on the AssuraCar website. Dealer’s continued purchase or use of any Product after such posting shall constitute Dealer’s acceptance of the revised Terms and Conditions.
17. Miscellaneous
(a) Any delay or failure by AssuraCar to perform its obligations under these Terms and Conditions shall be excused to the extent such delay or failure results from events or circumstances beyond its reasonable control.
(b) These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, or understandings, whether written or oral.
(c) No waiver by AssuraCar of any provision of these Terms and Conditions shall be deemed a continuing waiver or a waiver of any other provision. Failure by AssuraCar to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
(d) If any provision of these Terms and Conditions is held invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, such provision shall be reformed to the minimum extent necessary to reflect the parties’ original intent, and the remaining provisions shall continue in full force and effect.
(e) The parties agree that this Agreement, and all related correspondence, documentation, and legal proceedings, shall be written and conducted in the English language.
AssuraCar Terms and Conditions
1. General Conditions
By (i) electronically accepting an Offer Letter, or (ii) purchasing or using any AssuraCar wholesale vehicle purchase assurance product—including, without limitation, the “AssuraCar ‘Gold,’ ‘Platinum,’ or ‘Elite,’ (each, a “Product”)—offered by Vehicle Fleet Services, L.L.C., d/b/a AssuraCar, you, as the dealer customer (“Dealer”), both individually and on behalf of your dealership, business entity, or any Affiliates, hereby acknowledge, represent, warrant, and agree to the following:
1.1. Agreement to Terms
• Purchase, subscription to, or use of any Product by or on behalf of Dealer, regardless of who pays the associated fee, constitutes Dealer’s acceptance of and agreement to be bound by these AssuraCar Terms and Conditions (these “Terms and Conditions”) with respect to both the Dealer and each applicable vehicle.
• Dealer acknowledges that purchase or use of any Product is expressly conditioned upon Dealer’s agreement to these Terms and Conditions.
1.2. Authority
• Dealer represents and warrants that it possesses full right, power, and authority to (i) purchase and use Products, and (ii) bind its dealership, business entity, and any of its Affiliates to these Terms and Conditions.
• For purposes hereof, “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party. Affiliates of AssuraCar include, without limitation, Vehicle Fleet Services, LLC and its subsidiaries and affiliated companies.
1.3. Right to Conduct or Refuse Business
• AssuraCar and its Affiliates reserve the right, in their sole discretion, to conduct or decline to conduct business with any Dealer.
• Similarly, Dealer is under no obligation to conduct business with AssuraCar or its Affiliates.
• Dealer acknowledges and agrees that no right, remedy, or cause of action shall arise against AssuraCar or its Affiliates due to a refusal to engage in business, and that similar or alternative products may be available from other sources.
1.4. Invalidation of Products
AssuraCar may, in its sole discretion, decline or reject Dealer’s acceptance of an Offer Letter for any Product, cancel or terminate any accepted Product, or rescind any associated benefits (collectively, an “Invalidation”) if AssuraCar reasonably believes that:
-
Dealer has breached, or is in violation of, these Terms and Conditions;
-
Dealer has breached any term of the applicable Offer Letter;
-
The purchase price of the vehicle exceeds reasonable valuation standards based on industry-recognized valuation tools;
-
Dealer has violated any marketplace policies of AssuraCar or its Affiliates; or
-
Any other reason exists, as determined solely by AssuraCar in its discretion.
Dealer’s sole and exclusive remedy in the event of any such Invalidation shall be a refund of any amount actually paid by Dealer for the applicable Product, if any.
Repurchase and Reimbursement
Upon Dealer’s satisfaction of all return requirements and payment of applicable fees, AssuraCar shall repurchase the vehicle or ensure the Dealer receives full reimbursement, at AssuraCar’s discretion, for the calculated buyback amount through remarketing channel auctions as set forth in the Terms and Conditions. Any repurchase, return payment, or reimbursement under the Program shall be calculated solely on the basis of the vehicle’s purchase price as reflected on the applicable buyer’s order, including only the standard auction buyer’s fee. Any additional fees, charges, premiums, transportation costs, reconditioning expenses, or other non-standard or ancillary charges shall be excluded from the calculation and shall not be eligible for reimbursement. All such calculations shall be subject to and governed by the applicable Program Agreement and Terms and Conditions.; transportation fees, reconditioning fees, AssuraCar fees, inspection fees and any outstanding payables are not considered for program buyback calculation allowances. In the event a vehicle is returned or sold through a remarketing channel auction, the Dealer shall receive the calculated buyback amount as stated in the Terms and Conditions less all remarketing sale fees or any post-sale adjustments, within 21 business days once the vehicles have arrived at a designated auction. Each AssuraCar buyback/returned vehicle that is placed under the remarketing program and not directly repurchased by AssuraCar will have a maximum liability risk as stated, any additional loss exposure is the Dealer’s responsibility to cover and will be deducted from their total buyback/return payout after all remarketing calculations have been considered. In the event when a vehicle presented to a wholesale market has produced additional loss exposure that exceeds the stated limits of liability, the vehicle sale offer will be presented to the dealer for their option to decline or accept the sale opportunity. Declined offers will result in vehicles being added to future sale opportunities and will reset the 21 business days to sale and repayment terms as stated above. Once a vehicle sale offer has been presented by the Vehicle Fleet Services or AssuraCar remarketing division to the dealer, it is the dealer’s responsibility to respond to either accept, counter or deny the presented offer. In the even that 4 hours has expired with no response from the dealer, the vehicle on offer will be given a “no sale” designation and will be scheduled to rerun in the next available proceeding sale at the designated auction. If the vehicle has received a viable offer multiple times and has been “no sale’d” three or more times, the dealer will waive their rights to any transportation reimbursement along with any remarketing sale fee provisions or discounts as stated in their designated plan allowances.
All Gold level and 21 Day Unlimited plans in addition to all 21 day buyback requests regardless of the program type have a $1,500 maximum individual vehicle loss exposure limit;
All Platinum level plans have a $1,750 maximum individual vehicle loss liability exposure limit;
All Elite level plans have a $2,000 maximum individual vehicle loss liability exposure limit.
Time-Limited Price Surcharge / Suspension / Return Limits
All references to surcharge imposition, temporary suspension of Product availability, and temporary return limitations shall apply to AssuraCar, with the same notice periods and discretionary standards as originally drafted.
Dealer Representations, Warranties, Obligations
Indemnification
Dealer shall indemnify, defend, and hold harmless AssuraCar, its Affiliates, officers, employees, and agents from any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from Dealer’s breach or third-party vehicle-related claims.
Limitation of Liability
In no event shall AssuraCar or its Affiliates be liable for indirect, incidental, special, punitive, or consequential damages. Aggregate liability shall not exceed the total fees actually paid by Dealer to AssuraCar for the specific vehicle Product at issue.
Proprietary Rights
All intellectual property rights in the Products and these Terms and Conditions are and shall remain the exclusive property of AssuraCar.
Set-Off / Right to Set-Off / Account Responsibility
Miscellaneous
-
Force Majeure – AssuraCar is not liable for delays or failures caused by circumstances beyond its reasonable control. Any delay or failure in performance by AssuraCar under these Terms and Conditions shall not constitute a breach hereof and shall be excused to the extent caused by any event or circumstance beyond AssuraCar’s reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or interruptions in telecommunications or supply chain disruptions beyond AssuraCar’s reasonable control.
-
No Waiver – Any failure by AssuraCar to enforce a provision does not constitute a waiver.
-
Severability – Invalid provisions will be modified to best reflect intent; the remainder shall remain enforceable.
-
Language – All documentation and correspondence shall be in English.
-
All provisions contained herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted successors and assigns. AssuraCar may assign these Terms and Conditions, or any of its rights or obligations hereunder, without the consent of Customer. Each affiliate and subsidiary of AssuraCar shall be deemed a third-party beneficiary of these Terms and Conditions and shall be entitled to enforce any and all rights of AssuraCar hereunder.
-
These Terms and Conditions, together with the AssuraCar Privacy Policy (which is hereby incorporated by reference) and any other documents or agreements expressly referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral, relating to such subject matter.
-
No failure or delay by AssuraCar in exercising any right, power, or privilege under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. If any provision of these Terms and Conditions is determined by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be reformed or modified to the minimum extent necessary to reflect the intent of the parties in a valid and enforceable manner, and the remaining provisions shall continue in full force and effect. All rights and remedies of AssuraCar under these Terms and Conditions shall be cumulative and nonexclusive and may be exercised individually or concurrently, at AssuraCar’s sole discretion.