WELCOME TO CAR SIMULCAST. We (Car Simulcast LLC) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, mobile app ("App"), or any associated content/postings (together, "CS"), you agree to these Terms of Use ("TOU") (last updated November 17, 2022). You acknowledge and agree CS is a private site owned and operated by Car Simulcast LLC. If you are accessing or using CS on behalf of a business, you represent and warrant to CS that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use CS or download the App. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use CS. Our privacy policy (carsimulcast.com/about/privacy.policy), prohibited list (carsimulcast.com/about/prohibited), and all other policies, site rules, and agreements referenced below or on CS, are fully incorporated into this TOU, and you agree to them as well.
LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use CS and be bound by the TOU, or (2) use CS on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use CS in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from CS, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with CS, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect CS content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of CS's policies or rules referenced above ("Prohibited Content"). You agree not to abuse CS's flagging or reporting processes. You agree not to collect CS user information or interfere with CS. You agree we may moderate CS access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available CS or our application programming interface ("API"), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide CS, (iii) combine or integrate CS or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects CS or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use CS or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
LIQUIDATED DAMAGES. You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting CS users' information, including personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of CS without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of CS - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of CS - the price per post applicable to that section of CS; (F) sending an unauthorized/unsolicited email to an email address obtained from CS - $25 per violation; (G) using CS user information to make/send an unauthorized/unsolicited text message, call, or communication to a CS user - $500 per text/call/communication; (H) creating a misleading or unlawful CS account or buying/selling a CS account - $4 per violation; (I) abusing or attempting to abuse CS's flagging or reporting processes - $1 per violation; (J) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting CS content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of CS in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES. When you purchase a service from us, you authorize us to charge your PayPal, bank or credit card account. Any tax is additional. All service purchases are final and non-refundable, even for services we remove, delay, omit, re-categorize, re-rank, or otherwise moderate.
DISCLAIMER & LIABILITY. To the full extent permitted by law, Car Simulcast LLC, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("CS Entities") (1) make no promises, warranties, or representations as to CS, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide CS on an "AS IS" and "AS AVAILABLE" basis and any risk of using CS is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with CS. CS Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to CS, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to CS ("Claims") will be governed by the internal laws of New York, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in New Rochelle, NY (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in New Rochelle, NY; (2) indemnify and hold CS Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of CS; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
TRADEMARKS. We do not have a contract or agreement with CARFAX, Inc to distribute their reports. All third-party brands and logos are the registered trademarks of their respected owners. This website is not affiliated with CARFAX, Inc or any related brands mentioned therein. We retrieve carfax reports by having a private third party scrape free reports available to the public here: http://carfax.com/cars-for-sale. We do not re-sell the reports. We charge a fee to pay the private third party who automates the scraping and organizing of the free reports that are already available to the public. We do not modify reports and present them as is. We do not claim to create the reports. They are created exclusively by CARFAX, Inc. The reports are not defined as private data as they can be found online without needing a username and passcode. Web scraping has been declared legal in the United States. On September 9, 2019 the U.S. 9th circuit court of Appeals ruled (Appeal from the United States District Court for the Northern District of California) that web scraping public sites does not violate the CFAA (Computer Fraud and Abuse Act).
MISC. Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access CS thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. If you reasonably believe content infringes your IP rights, please contact support@carsimulcast.com.