1. General Provisions
1.1. These rules (hereinafter – the “Rules”) shall establish the procedure for using the website Carsimulcast.com (hereinafter – “Carsimulcast.com”) and the rights, obligations, and responsibilities of carsimulcast.com users as well as other provisions.
1.2. Carsimulcast.com is hereinafter – the “Provider“.
1.3. Carsimulcast.com users are provided with the opportunity to receive a report containing information about a vehicle’s history (hereinafter – the “Report”), and to use other services provided on the Carsimulcast.com website in accordance with the procedure set out in these Rules. The user of Carsimulcast.com is a person who has ordered the Report or who otherwise use Carsimulcast.com (hereinafter – the “User”). For the purposes of these Rules, the services (hereinafter – the “Services”) shall include all and any actions performed by the User on Carsimulcast.com, including, but not limited to, ordering and submitting Reports, reading published information, submitting, sending, and receiving questions, any type of information and/or data (hereinafter – the “Services”). Some services available on Carsimulcast.com are provided to the User subject to a fee (hereinafter – “Paid Services”). The terms and conditions for the Paid Services are provided prior to ordering a Paid Service. Any reference to “Services” shall hereinafter refer to all Services, including Paid Services, and any reference to “Paid Services” shall only refer to those Services for which the User pays us a fee.
1.4. By using Carsimulcast.com, the User expresses his or her consent to these Rules and agrees to be bound by them in any way or form. Persons who do not agree with any of the terms and conditions set out in these Rules have no right to use Carsimulcast.com.
1.5. The Provider has the right to unilaterally change the Services provided on Carsimulcast.com and their pricing as well as any provisions set out in these Rules. By continuing to use Carsimulcast.com following any modification, revision, or supplementation of these Rules, the User expresses his or her consent to these changes.
2. Terms and Conditions for the Use of Services available on the Carsimulcast.com website
2.1. Carsimulcast.com provides its users with the opportunity to receive a comprehensive paid report.
2.2. The User agrees and acknowledges that he/she has fully familiarized himself/herself with the results of the sample report prior to ordering a paid Report. The User understands that the final (paid) Report will only contain the information provided by carfax.com. We must mention that we are not a partner of CARFAX. We recommend that you purchase a CARFAX report directly from carfax.com themselves.
2.3. The Report may be used only for reference purposes and may not be regarded as a reliable tool to assess the condition of a vehicle.
2.4. Any advice provided in the reports or on the website may not be regarded as a requirement or recommendation to purchase the vehicle specified in the Report.
2.5. The money paid for the Report will not be refunded unless the transaction meets the requirements of our refund policy.
3. NMVTIS Disclaimer
3.1. The National Motor Vehicle Title Information System (NMVTIS) is an electronic system that contains information on certain automobiles titled in the United States. NMVTIS is intended to serve as a reliable source of title and brand history for automobiles, but it does not contain detailed information regarding a vehicle’s repair history.
3.2. All states, insurance companies, and junk and salvage yards are required by federal law to regularly report information to NMVTIS. However, NMVTIS does not contain information on all motor vehicles in the United States because some states are not yet providing their vehicle data to the system. Currently, the data provided to NMVTIS by states is provided in a variety of time frames; while some states report and update NMVTIS data in “real-time” (as title transactions occur), other states send updates less frequently, such as once every 24 hours or within a period of days.
3.3. Information on previous, significant vehicle damage may not be included in the system if the vehicle was never determined by an insurance company (or other appropriate entity) to be a “total loss” or branded by a state titling agency. Conversely, an insurance carrier may be required to report a “total loss” even if the vehicle’s titling-state has not determined the vehicle to be “salvage” or “junk”. Before making a decision to purchase a vehicle, consumers may wish to obtain an independent vehicle inspection, a NMVTIS Vehicle History Report, and consult other available vehicle information resources.
3.4. The information in NMVTIS includes:
- Information from participating state motor vehicle titling agencies.
- Information on automobiles, buses, trucks, motorcycles, recreational vehicles, motor homes, and tractors. NMVTIS may not currently include commercial vehicles if those vehicles are not included in a state.s primary database for title records (in some states, those vehicles are managed by a separate state agency), although these records may be added at a later time.
- Information on “brands” applied to vehicles provided by participating state motor vehicle titling agencies. Brand types and definitions vary by state, but may provide useful information about the condition or prior use of the vehicle.
- Most recent odometer reading in the state’s title record.
- Information from insurance companies, and auto recyclers, including junk and salvage yards, that is required by law to be reported to the system, beginning March 31, 2009. This information will include if the vehicle was determined to be a “total loss” by an insurance carrier.
- Information from junk and salvage yards receiving a “cash for clunker” vehicle traded-in under the Consumer Assistance to Recycle and Save Act of 2009 (CARS) Program.
Consumers are advised to visit www.vehiclehistory.gov for details on how to interpret the information in the system and understand the meaning of various labels applied to vehicles by the participating state motor vehicle titling agencies.
4. Paid Services
4.1. Services provided on the Carsimulcast.com website are to be paid for by PayPal. Paid Services may only be provided to the User after the User pays for them in accordance with the procedure set out on the Carsimulcast.com website.
4.2. The users of Carsimulcast.com may order a comprehensive vehicle history for a specified fee.
4.3. The Provider shall have the right to limit or suspend the provision of Services for an indefinite period of time during the preventive maintenance process.
5. Consequences of Breaching the Rules
5.1. When ordering the Report and continuing to use it, the User must adhere to these Rules. Depending on the nature of the breach, the Provider shall have the right to limit the User’s access to the Services available on Carsimulcast.com.
5.2. The Provider reserves the right to terminate, at any time and with no prior notice, the User’s access to Carsimulcast.com or his/her use of the services available on Carsimulcast.com as a result of breaching these Rules or statutory regulations. The User will be informed about any sanctions imposed for breaching these Rules via email specified during registration.
6. Limitation of Liability
6.1. The Provider shall only be responsible to email the Report.
6.2. The Provider shall not be responsible for the inaccuracy of the information provided in the Report or for its content. The Provider shall not be responsible for the damage incurred by the User or any third parties in connection with the use of the Report.
6.3. The Provider shall not be responsible for the malfunctions or interruptions of the functioning of Carsimulcast.com or its database that occurred for reasons beyond the Provider’s control.
6.4. The User shall be responsible for the appropriate use of the password. The Provider shall not be responsible for the damage incurred by the User as a result of the use of this information by third parties.
8. Intellectual Property Rights
8.1. The provider is not an authorized dealer, associate, or representative of any of the brands on this website. All trademarks, logos, and photographs mentioned are used for identification purposes only and are registered trademarks of their respective owners. The use of any product name on this website is not intended to suggest that the company is affiliated with or endorses this website in any way.
8.2. The Provider is not affiliated, associated, authorized, endorsed by, or in any way officially connected with the CarFax™ Trademark, or any of its subsidiaries or its affiliates. The official CarFax™ website can be found at http://www.carfax.com. The name CarFax™, as well as related names, marks, emblems, and images, are registered trademarks of their respective owners.
8.3. Any processing, copying and/or other use of the content or design of Carsimulcast.com performed by third parties without a written consent of the Provider and/or without adhering to these Rules shall constitute an infringement of the website.
9. Applicable Law and Dispute Resolution
9.1. The activities of the Carsimulcast website are governed by a private party. All disputes arising out of or in connection with the activities of the Carsimulcast.com website shall be resolved by way of negotiation via email.
9.2. All disputes that arise between the Provider and entrepreneurs shall be resolved via email.
9.3. We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
9.4. Non-corporate User should first submit his/her request and/or complaint regarding the activities or services of Carsimulcast.com to the Provider in writing by specifying his/her claims. Please send your letters to email@example.com.
11. Information Security Measures
11.1. In processing the User’s personal data, the Provider shall implement appropriate organisational and technical security measures which help protect personal data from accidental or unlawful destruction, loss, alteration, unauthorised disclosure or any other unlawful processing. The Provider’s activity aimed at ensuring security includes, among other things, the protection of staff, information, IT infrastructure, internal and public networks, office buildings and hardware.
11.2. The Provider would like to remind the User that the User himself/herself is responsible for ensuring the security of his/her log-in details. The Provider would like to ask the User to take special care when using and storing his/her log-in details. The User should log out from the browser at the end of the session to prevent any unauthorized access to the User’s email or personal information, especially in cases where the User uses public computers (e. g. at the internet café or library).
11.3. The Provider shall do everything within its power to protect the User’s data processed by the Provider but, taking into account the fact that the User’s information is sent over the internet, the Provider warns that the Provider may not and does not guarantee total security of the information sent by the User, including the User’s personal data.
12. Final Provisions
12.1. These Rules will become binding the moment the User enters the website and they shall remain in force throughout the entire period of the relationship between the User and the Provider.
12.2. The Provider shall have the right to unilaterally amend these Rules. Any amendments to these Rules will become binding from the moment they are published on Carsimulcast.com.
12.3. After any amendments to these Rules become binding, the User shall acknowledge that he/she is familiar with these amendments and fully consents to them by continuing to use Carsimulcast.com. The Services ordered prior to any amendments to the Rules of Carsimulcast.com shall be provided in the manner and in accordance with the time limits as set out in the Rules that were in effect at that time.