Terms And Conditions

USA CarRecord.com, LLC Consumer Terms of Use and Conditions

GENERAL TERMS OF USE

1) Services

USACarRecord.com and USACarRecord.com, LLC (also referred to herein as “CarRecord,” “Website,” “We,” “Our” or “Us”) provides users of the website (“Users”) with vehicle information and reports (“Reports”) through our online information service (“Vehicle Information Service”).

Services consist of all products and services offered by us, including without limitation, the Site and Vehicle Information Service. The Services include the Site and/or any content available on the Site regardless of the manner in which the content is delivered to you, whether tangible or intangible, and in whatever form or medium delivered to you and/or stored by you. All Services are owned and operated by us. We have the right at any time to change or discontinue any aspect or feature of any Service, including, without limitation, the content and availability of the Service, or the equipment required to access or use the Service.

2) Application of Terms

These terms and conditions constitute the terms of use (“Terms of Use”) and govern your access to, and use of, the website and the Vehicle Information Service unless additional specific terms apply. By using the website and the Vehicle Information Service indicates you 1) have read these Terms of Use, 2) understand them, and 3) agree and acknowledge that these Terms of Use constitute a binding contract between you and USACarRecord.com, LLC.

We reserve the right to change the Terms of Use at any time and without notice to you, at our discretion. If we make revisions that materially alter the Terms of Use, we will make a commercially reasonable attempt to publish those changes on the website. You are requested to consult these Terms of Use periodically for revisions and updates. If you do not agree with the Terms of Use and/or any changes to them that we publish, you must not use the website or the Vehicle Information Service.

3) Term

You will have the option to request that we provide you with particular Reports depending on the type of CarRecord Reports Pack you have purchased during the period specified upon purchase of the CarRecord Reports Pack. No refunds will be given for any unused Reports. CarRecord Reports Packs are non-transferrable.

You will not be given any notice that the period within which you may order the Reports will lapse.

4) Privacy Policy Acknowledgement

You agree that you have read and understood our Privacy Policy. You must comply with the Privacy Policy (as revised by us from time to time). Please note, the Privacy Policy does not form part of these Terms of Use. To the extent of any inconsistency or conflict between these Terms of Use and the Privacy Policy, these Terms of Use will prevail.

The information we obtain through your use of this website, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use. Your use of the website establishes your consent to the collection, storage, use, and dissemination or disclosure of any personal information you provide to us (including name, email address, date of birth, address, etc.) in accordance with these Terms of Use and with the terms of the Privacy Policy, together with applicable law.

5) Collection and Use of Personal Information for Other Purposes

You agree that we may collect and use your Personal Information as a User and other information about the activities of Users on the Site. We may also collect anonymous depersonalized information (i.e. information that does not identify a User). We use anonymous and Personal Information about the activities of individual Users of the Site by tracking their usernames (Collected Information). The Collected Information (to mean all or any part thereof) may be used for marketing purposes. Where that occurs, the Collected Information will be disclosed to our corporate partners and other related organizations and entities. In using this website, you consent that we and our corporate partners can use and disclose your Personal Information to contact you about other goods and services offered by CarRecord or its corporate partners and use that information for direct marketing purposes. You also consent to receive communication via email, SMS or other electronic communication, or by phone or mail.

You expressly agree that:

(a) We can use the Collected Information for Our own statistical analysis purposes, such as (i) to determine the most popular Reports and results on the Site and (ii) to assist us enhance the functionality of the Site; and

(b) Where you have consented to your information being passed on to Corporate Partners, CarRecord will receive a fee for this.

6) Creating an Account

You hereby:  (i) Certify to us that the personal information provided at the time of registration is complete and accurate and relates solely to you and your correct identity, and that you have provided a valid email address; (ii) Agree that the Account is for your own personal use and that you shall not provide any other person your credentials or access to your Account; and (iii) Agree that we may provide any notices to you concerning your Account, these Terms and Conditions, or otherwise relating to your use of USACarRecord.com and Vehicle Information Service at the email address you provided when registering your Account.

7) No Advice

The Services may include tools and information that assist you in evaluating data and making decisions regarding your vehicles. We strongly recommend that you use the Services as one important tool, along with your independent research and investigation, to make a better decision about your vehicles. You assume full responsibility with respect to your decisions and transactions using the Services.

8) Indemnification

You agree to defend, indemnify, and hold us harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of (i) your use of the website and/or any Service or any content therein, (ii) any distribution, publication, refusal to publish, deletion, editing or other use of the content you provide, (iii) your violation of these Terms and Conditions, (iv) your violation or infringement of any third party’s rights, or (v) any actual, prospective or terminated sale or other transaction between you and a third party.

9) Viruses

You will not upload or otherwise introduce any viruses, spyware or other software that jeopardizes the security or integrity of any Service or the website or any other CarRecord website and/or mobile device application or otherwise interferes with any Service and/or Site functioning as intended by us. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Service or your downloading of any materials, data, text, images, video, or audio from the Service.

10) Export Control

Software and other materials from or in connection with any Service may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from or in connection with any Service may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the Unites States Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Deny Orders. We do not authorize the downloading or exportation of any software or technical data from or in connection with the Service to any jurisdiction prohibited by the United States Export Laws.

THE SITE

11) Ownership of Content on the Site

You acknowledge that all materials displayed on the website, including without limitation, all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trademarks (including the word “CarRecord”) on the Site (collectively referred to as “Content”) are owned by Us or licensed to Us and are protected by copyright, trademark and other intellectual property laws unless expressly indicated otherwise on the website. You must not use, adapt, modify, reproduce, store, distribute, print, display, publish, create derivative works, download onto a computer, upload to a third party, post, transmit or distribute the Content in any manner inconsistent with these Terms of Use. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Even if Content is delivered to you in a form that is technically able to be modified, delivery of Content in that form is not a grant of permission to modify that Content unless expressly noted at the time of delivery. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of USACarRecord.com, LLC or its Affiliates.

If you suspect your work has been copied in a manner that constitutes copyright infringement, please notify us immediately.

12) Access to the Website

You may view the website using your web browser and save an electronic copy, or print out a copy, of parts of the Content without modification solely for your own personal use, information, research, or study. You must not access or use the website or the Content in any manner or for any purpose which is illegal or prohibited by any laws that apply to you or violate our rights in any way or is otherwise prohibited by these Terms.

You must take your own precautions to ensure your use of the website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your use of the website.

VEHICLE INFORMATION SERVICE

13) Availability

You acknowledge that the Vehicle Information Service is supplied online over communications links and other networks, and that the availability of the website and the Reports rely on the availability of those links and networks. We will take commercially reasonable steps to ensure that any Vehicle Information Service that we choose to provide is available, but we are not responsible if the links or networks are unavailable at any time, and we do not guarantee that the website, the Vehicle Information Service, or the Reports will be continuously available.

14) Procedures

You agree to comply with these Terms of Use and follow any procedures and other instructions we provide when you use the Vehicle Information Services. You agree to keep any user name, password, or other identifier we give you for the website and/or the Vehicle Information Service (Identifier), confidential and secure. You agree that any Identifier will not be transferred or disclosed to any third party and you will tell us if it is no longer required. You are responsible for all use of any Identifier and any liability that is incurred or arises through use of your Identifier. If we ask you to, you will agree to stop using an Identifier or use a replacement Identifier that we give you.

15) Supply of Reports

We will supply each Report to you after we accept your request for the particular Report.

16) Ownership of Reports

You acknowledge that we, together with our licensors, own all intellectual property rights (including without limitation all copyright in the layout and manner in which the information in the Reports is compiled). Nothing in these Terms of Use transfers any ownership in the Reports to you. You acknowledge that the Reports may include information that is licensed to us by third parties.

17) Use of Reports

You agree that the Reports are provided to you strictly for your personal use and solely for the purpose for which they are supplied.

If we deliver Reports to you electronically, you are permitted to retain one electronic copy of the Report on your personal computer. You are also entitled to print one hard copy of the Report for your file. Other than the permissions granted in this paragraph, you may not use, reproduce, modify, adapt, transfer, re-sell, re-package or otherwise re-use all or any part of a Report in any way or for any purpose.

If you are a business entity, in addition to the permissions granted in the paragraph above, you may print three copies of the Report for display at your premises and provide hard copies of the Report to potential purchasers.

18) Payment

You acknowledge that we have no obligation to provide Reports to you until:

(a) You submit your order for a Report using the applicable online form;

(b) You complete payment with PayPal; and

(c) Your payment for the specified Report is successfully processed.

Car History access for Account holders is billed on a monthly basis in arrears via direct debit method of payment. By entering your credit card information on the website, you assume full responsibility for all payment activities associated with your Account.

You acknowledge that your payment details for Reports ordered through the site are received by us and we may provide them to a third party solely for the purpose of processing your payment. That third party will process your payment and you must agree to the terms and conditions of any third-party payment processor before your payment will be accepted.

All prices are listed in United States dollars. Applicable sales tax and any other local tax may be assessed based on the User’s billing zip code.

DISCLAIMERS/LIMITATIONS ON LIABILITY/TERMINATION

19) Disclaimers

  • The Site may link to third party sites or collect from those third parties which in turn may contain hyperlinks to further third-party sites (collectively Linked Sites). These are provided for your convenience only. You acknowledge that Linked Sites are not under our control and we are not responsible for the content of any of them. The inclusion of any link does not imply any endorsement of the Linked Site by us. We assume no responsibilities for the accuracy, copyright compliance, legality or any other aspect of the Linked Sites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. We suggest that that you carefully review terms of use and privacy policies on these sites.
  • You acknowledge that we source information from third parties. You agree that you are responsible for assessing the value of the information we provide you, and for the decisions that you make, regardless of whether you base them on the information we supply.
  • You acknowledge that the services on USACarRecord.com are catered toward cars. We provide no guarantee that our services will work for searches of motorcycles, trucks or other vehicle types and we are not obligated to provide refunds for Reports generated due to incorrect use of our services.
  • You acknowledge that in some cases there may be a delay between when an event occurs and when that information is provided to us to record and that we have no control over when third parties choose to report information or events. We do take steps to record the information provided as soon as is commercially reasonable.
  • You acknowledge that we may not have the complete history of the vehicle on which you order a report. Accordingly, we will not be liable for the refund of any fee paid if the report in question does not provide a full history of the vehicle.

20) Limitations on Liability

Certain applicable legislation may imply warranties or conditions, or impose other obligations including statutory consumer guarantees that cannot be excluded, restricted or modified (or that such exclusions, restrictions or modifications may only be made to a limited extent). These Terms of Use must be read subject to any and all such applicable state and federal statutory provisions.

To the extent permitted by law, we disclaim all express or implied representations, guarantees, conditions, warranties and terms relating to the use of the website and the Vehicle Information Service that apply under any applicable statute or other valid legal authority, except those set forth in these Terms of Use.

If in Our supply of the Vehicle Information Service we are liable for a breach of any guarantee, warranty, condition or other term that applies under any applicable State or Federal law that cannot be disclaimed, Our liability under that legislation is limited, to the extent permitted by law, to the re-supply of the relevant Vehicle Information Service or the payment of the costs of having the Vehicle Information Service supplied again, whichever we elect. Subject to Our absolute discretion, we may elect to refund to you the amount you have paid us for the Vehicle Information Service to which your claim relates.

To the extent permitted by law, we are not liable to you or to anyone else for any loss or damage (including without limitation loss of profit, revenue or business, indirect, consequential, special or incidental loss or damage) which arises or might arise if it were not for this clause.

All materials and services on this website are provided on an “as-is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose or the warranty of non-infringement.

This website may include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at this website, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this website may be out of date, and we make no commitment to update such materials or services.

The use of the services or the downloading or other acquisition of any materials through this website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

21) Termination

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account. We may also delete all files stored in your account and all the related information. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

The Terms of Use survive any such termination.

GOVERNING LAW

22) Governing Law

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. The Terms of Use are governed by the laws in force in Delaware. In the event of any dispute relating in any way to these Terms of Use or your use of the website, you agree to submit to the exclusive jurisdiction of the courts in Delaware, and to be subject to the laws applicable to that jurisdiction.

MISCELLANEOUS

 

23) Entire Agreement

These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

24) Severability

If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.

25) No Waiver

No delay or failure by us to exercise or enforce at any time any right or provision hereof shall be considered a waiver thereof or of our right thereafter to exercise or enforce each and every right and provision of this Agreement.

26) Digital Millennium Copyright Act Notice

It is our policy to respect the intellectual property of others. If you are alleging that material available on or through our website infringes upon your copyright, please submit a written notification pursuant to the Digital Millennium Copyright Act (‘DMCA’). The notice must include the following to be effective:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.

A statement 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 that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In the event that we remove material from our website (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, please submit a written counter notification pursuant to the DMCA. The counter notification must include the following to be effective:

Your physical or electronic signature.

Identification 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.

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.

Your name, address, telephone number, and, if available, an email address, and a statement that you consent to the jurisdiction ______, and that you will accept service of process from the person who provided notification of the alleged infringement.

All written notices should be sent to the following:

USACARRECORD.COM LLC

16192 Coastal Hwy

Lewes, DE, 19958

Tel:     (866) 321 5006

Email: info@usacarrecord.com

END-USER LICENSE AGREEMENT

THIS IS A LEGAL AND BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END-USER (“YOU”), AND USACARRECORD.COM, LLC. BY ACCESSING ANY OF THE INFORMATION CONTAINED IN USACARRECORD.COM OR THE VEHICLE INFORMATION SERVICE, YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE PERMITTED TO ACCESS OR USE THE INFORMATION CONTAINED WITHIN USACARRECORD.COM OR THE VEHICLE INFORMATION SERVICE.

THESE TERMS OF USE WERE LAST UPDATED ON 21 JULY 2017 AT 3:00AM, ET.

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