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
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.
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.
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.
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.
11) Ownership of Content on the Site
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
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.
15) Supply of Reports
We will supply each Report to you after we accept your request for the particular Report.
16) Ownership of Reports
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.
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
- 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
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.
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.
22) Governing Law
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.
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:
16192 Coastal Hwy
Lewes, DE, 19958
Tel: (866) 321 5006
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.