1. USE OF SITE.
2. DESCRIPTION OF CLEARVIN SERVICE.
CLEARVIN specializes in access to critical data for automotive dealers and consumers involved in the purchase of used automobiles. CLEARVIN vehicle history service provides real-time Vehicle History Reports. CLEARVIN Vehicle History Reports include Title and Brand data from the National Motor Vehicle Title Information System (NMVTIS) as well as theft and lien information that is added to Vehicle History Reports and is not provided by NMVTIS. Through its partnership with NMVTIS, CLEARVIN Vehicle History Reports are available for automobiles, motorcycles, buses, trucks, recreational vehicles (RV’s), motor homes, and truck tractors.
3. SOFTWARE AND HARDWARE REQUIREMENTS.
Use of the CLEARVIN Service requires Internet access (fees may apply), certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to use the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Services are not part of any other product or offering, and no purchase (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Services.
4. AGE REQUIREMENTS FOR USE OF SERVICE.
The Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
5. WHAT YOU SHOULD AND SHOULD NOT EXPECT FROM CLEARVIN.
These should be your expectations when you use CLEARVIN Services:
a. QUALITY AND DELIVERY.Please understand that CLEARVIN provides no guarantee that
b. CONTENT OF COMMUNICATIONS.CLEARVIN does not control, or have any knowledge of the content of any communication(s) spread by the use of the Services. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.
c. TECHNICAL IMPROVEMENT AND MAINTENANCE.CLEARVIN may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. CLEARVIN may also have to repair, improve, and/or upgrade the Services and this may require us to restrict, limit, suspend, interfere and/or interrupt the Services periodically from time to time.
d. GENERAL PRACTICES REGARDING USE AND STORAGE.You agree that CLEARVIN has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services. CLEARVIN retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
e. CONTENT OF THE SERVICE.CLEARVIN takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does CLEARVIN have any obligation to monitor such third-party content. CLEARVIN reserves the right at all times to remove or refuse to distribute any content on the Services, such as content which violates the terms of this Agreement. CLEARVIN also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of CLEARVIN, its users and the public. CLEARVIN will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
f. TERMINATION.CLEARVIN reserves the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the Service to you if we believe you are in breach of CLEARVIN Terms and Conditions. CLEARVIN Services are also subject to termination in the event that your wireless service terminates or lapses. CLEARVIN may discontinue the Services at any time.
6. WHAT CLEARVIN EXPECTS FROM YOU.
By using CLEARVIN Services, you accept and acknowledge that you will abide by the follow: CLEARVIN Services require an account registration ("Account"). Account registrations are limited per unique individual person. Account transfer or assignment is generally not permitted, unless agreed to in writing by CLEARVIN.
a. When an account is created, the information given for the account must match the address, phone number, and/or other unique identifier information associated with the identification method. You may register multiple Accounts per identification method only at CLEARVIN's sole discretion. A single Account may be used by a single individual or legal entity, such as an automobile dealership, at CLEARVIN's sole discretion and subject to CLEARVIN's requirements. Additional Accounts beyond the first Account per unique user may be subject to fees upon Account creation. You may not transfer your Account to any third party without the prior written consent of CLEARVIN; notwithstanding the foregoing, CLEARVIN will not unreasonably withhold consent to the transfer of an Account in good standing by operation of valid written will to a single natural person, provided that proper notice and documentation are delivered as requested by CLEARVIN.
b. CLEARVIN has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Services without notice or liability to you. In the event that CLEARVIN suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.
c. Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account.
d. In the event an Account is suspended or terminated for your breach of this Agreement or your payment delinquency (in each case as determined in CLEARVIN's sole discretion), CLEARVIN may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your directors, officers, employees, affiliates, agents, contractors, or licensors, and your breach shall be deemed to apply to all such Accounts.
e. PAID SERVICES/AGREEMENT TO PAY.
i. Right to Change Prices and Availability of Products. Prices and availability of any Services are subject to change at any time.
ii. CLEARVIN Services require payment of a fee. You must have an Account and pay the fees to use some of CLEARVIN’s Services in accordance with the current rates.
iii. Payment. Any and all payments for services shall be made by the Customer in United States dollars through an approved payment processor, such as Authorize.net or PayPal. Payments are non-refundable, except when an exception is approved by a representative of www.CLEARVIN.com. An applicable sales tax may be assessed based on the Customer’s billing zip code.
iv. Responsibility for Account. AS THE ACCOUNT HOLDER, YOU ARE RESPONSIBLE FOR ALL CHARGES INCURRED, INCLUDING APPLICABLE TAXES, AND ALL PURCHASES MADE BY YOU OR ANYONE THAT USES YOUR ACCOUNT, INCLUDING YOUR FAMILY, FRIENDS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, OR ANY OTHER THIRD PARTY. THIS MEANS THAT YOU WILL BE RESPONSIBLE FOR ALL USAGE AND PURCHASES ON YOUR ACCOUNT, EVEN THOSE MADE UNLAWFULLY OR FRAUDULENTLY OR WITHOUT YOUR AUTHORIZATION. IN THE EVENT THAT YOUR CELLULAR, MOBILE, OR SATELLITE PHONE IS LOST OR STOLEN, YOU MUST IMMEDIATELY NOTIFY CLEARVIN.
v. Fees Charged by Third-Party Sites and Vendors. We may provide links to other web sites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to CLEARVIN. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
vi. No Resale of the Service. Unless expressly authorized in writing by CLEARVIN, you agree not to reproduce, duplicate, copy, sell, trade, resell, redistribute, or exploit for any commercial purposes any: (a) portion of the Services; (b) use of the Services, including CLEARVIN’s response methods; or (c) access to the Services, including, but not limited to Account information.
f. ELECTRONIC SIGNATURES AND CONTRACTS. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS VIA THE CLEARVIN WEBSITE CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
7. INTELLECTUAL PROPERTY RIGHTS.
You acknowledge that CLEARVIN owns all right, title, and interest in and to the Services, including all intellectual property rights (the “CLEARVIN Rights"). CLEARVIN Rights are protected by U.S. and international intellectual property laws, including moral rights. Accordingly, you agree that you will not copy, reproduce, alter, modify, reverse-engineer, or create derivative works from the Services or any part of the CLEARVIN Website. You also agree that you will not use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Service. Unless you have agreed otherwise in writing with CLEARVIN, nothing in the Terms and Conditions gives you a right to use any of CLEARVIN’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by CLEARVIN, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of CLEARVIN in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. As described immediately below, CLEARVIN rights do not include third-party content used as part of the Services, including the content of communications appearing on the Services. CLEARVIN claims no ownership or control over any content submitted, posted or displayed by you on or through CLEARVIN Services. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through CLEARVIN Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through CLEARVIN Services which are intended to be available to the members of the public, you grant CLEARVIN a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content on CLEARVIN Services for the purpose of displaying and distributing CLEARVIN Services. CLEARVIN furthermore reserves the right to refuse to accept, post, display, or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.
b. Termination of the Services. CLEARVIN reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and CLEARVIN will not be liable to you or to any third party should it exercise such rights.
9. ENFORCEMENT OF THESE TERMS.
CLEARVIN reserves the right to take steps CLEARVIN believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to CLEARVIN's right to cooperate with any legal process relating to your use of the Services, and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party's rights). You agree that CLEARVIN has the right, without liability to you, to disclose any Account registration data and/or Account information to law enforcement authorities, government officials, and/or a third party, as CLEARVIN believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to CLEARVIN's right to cooperate with any legal process relating to your use of the Services, and/or a third party claim that your use of the Services is unlawful and/or infringes such third party's rights).
10. GENERAL COMPLIANCE WITH LAWS.
The Services are controlled and operated by CLEARVIN from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
11. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES.
Certain content, products, and data available via the Services may include materials from third parties. In addition, CLEARVIN may provide links to certain third-party Web sites. You acknowledge and agree that CLEARVIN is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. CLEARVIN DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES, OR COLLECTED DATA OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO ANY INFORMATION RELATING OR PERTAINING TO THE CONDITION, SAFETY, MARKETABILITY, MERCHANTABILITY, QUALITY. OWNERSHIP HISTORY, AND ACCIDENT HISTORY OF ANY PASSENGER MOTOR VEHICLE LOCATED IN ANY TERRITORY THROUGHOUT THE WORLD OR ANY DATA OR INFORMATION, CONTAINED IN OR OMITTED, FROM A PASSENGER MOTOR VEHICLE OWNERSHIP OR REGISTRATION DOCUMENT ISSUED BY ANY OF THE 50 STATES OF THE U.S. (OR DISTRICT OF COLUMBIA) OR PASSENGER VEHICLE REGISTRATION DOCUMENT ISSUED BY ANY PROVINCE OF CANADA. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that CLEARVIN is not in any way responsible for any such use by you.
12. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
a. CLEARVIN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME CLEARVIN MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE AND ALL SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY CLEARVIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE MOTOR VEHICLES ABOUT WHICH INFORMATION IS POSTED ON THIS SITE OR TRANSMITTED TO YOU, INCLUDING THE INFORMATION PROVIDED IN THE CLEARVIN VEHICLE HISTORY REPORT. CLEARVIN GIVES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE CONDITION, SAFETY, MARKETABLITY, MERCHANTABLITY, QUALITY, OWNERSHIP HISTORY, OR ACCIDENT HISTORY OF ANY MOTOR VEHICHLE AND DOES NOT ENDORSE, CERTIFY, AUTHORIZE, OR AUTHENTICATE ANY MOTOR VEHICLE OR ANY MOTOR VECHICLE OWNERSHIP OR REGISTRATION DOCUMENT PROVIDED TO YOU THROUGH ANY OF CLEARVIN SERVICES OR THIRD PARTY SUPPLIERS. MOTOR VEHICLE HISTORY INFORMATION IS COLLECTED BY A NUMBER OF THIRD-PARTY SOURCES. SUCH INFORMATION MAY BE UNRELIABLE, INACCURATE, OUTDATED, FALSE OR MISLEADING, AND MAY NOT DETAIL MOTOR VEHICLE HISTORY INFORMATION SUCH AS WHETHER THE VEHICLE WAS JUNKED OR SALVAGED, DISMANTLED, REBUILT OR RECONSTRUCTED, SUBJECTED TO FLOOD DAMAGE, FIRE DAMAGE, BOUGHT BACK BY ITS MANUFACTURER, WHETHER THE ODOMETER EXCEEDS MECHANICAL LIMITS, WHETHER THE ODOMETER WAS NOT ACTUAL MILEAGE, OR OTHER MECHANICAL, STRUCTURAL, OR COSMETIC PROBLEMS WITH THE VECHICLE.
c. IN NO EVENT SHALL CLEARVIN, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE CLEARVIN WEBSITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE CLEARVIN WEBSITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE CLEARVIN WEBSITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CLEARVIN WEBSITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (VI) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (VII) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF CLEARVIN OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CLEARVIN UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
d. CLEARVIN DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND CLEARVIN DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN MOBILE OR CELLULAR DEVICE OR ALTERNATE STORAGE DEVICE, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THIRD PARTIES NECESSARY FOR ACCESSING THE CLEARVIN WEBSITE.
e. CLEARVIN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CLEARVIN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
f. The general used vehicle buying information is a free service offered by CLEARVIN to the used vehicle buying public. CLEARVIN DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY INJURY OR DAMAGE THAT YOU MAY CAUSE TO YOURSELF, OTHERS, OR PROPERTY WHEN FOLLOWING THE ADVICE GIVEN ON THIS SITE. CLEARVIN has no control over how you may use the information you get from the site and does not attest to the validity of any information found herein, nor does it guarantee any results.
13. WAIVER AND INDEMNITY.
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD CLEARVIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY CLEARVIN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM CLEARVIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CLEARVIN'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CLEARVIN may send you notice with respect to the Services by sending an email message to the email address listed in your CLEARVIN account contact information, by sending a letter via postal mail to the contact address listed in your CLEARVIN Account contact information. Notices shall become effective immediately.
15. GOVERNING LAW.
You acknowledge and accept the following as conditions to using Company's Website and Services: This Agreement, your use of CLEARVIN's Website and Services, and your relationship with CLEARVIN shall be governed by the laws of the State of Oregon without reference to the principles of conflicts of law. You and CLEARVIN hereby irrevocably submit to the exclusive jurisdiction of and agree that all disputes, claims, and causes of action arising out of or related to this Agreement, your use of CLEARVIN 's Website or Services, or your relationship with CLEARVIN shall be litigated in the state courts of Multnomah County, Oregon, or the federal courts of the Oregon U.S. District Court. You consent to service of process by certified or registered mailing of the summons and complaint to the last address provided by you to Company. You acknowledge and expressly consent to the choice of law, mandatory forum selection, and service provisions set forth herein.
These Terms and Conditions constitute the entire agreement between you and CLEARVIN and govern your use of the Service, superseding any prior agreements between you and CLEARVIN. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. CLEARVIN's failure to enforce any right or provisions in these Terms and Conditions will not constitute a waiver of such provision, or any other provision of these Terms and Conditions. CLEARVIN will not be responsible for failures to fulfill any obligations due to causes beyond its control.
17. FEEDBACK AND INFORMATION.
Any feedback you provide at this site shall be deemed to be non-confidential. CLEARVIN shall be free to use such information on an unrestricted basis.
18. CONTACTING CLEARVIN.
You may contact CLEARVIN in any of the following ways:
8 The Green, Ste A
Dover, DE 19901
Email: [email protected]
NMVTIS CONSUMER ACCESS PRODUCT DISCLAIMER
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.
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 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.
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.”
A vehicle history report is NOT a substitute for an independent vehicle inspection. Before making a decision to purchase a vehicle, consumers are strongly encouraged to also obtain an independent vehicle inspection to ensure the vehicle does not have hidden damage. The Approved NMVTIS Data Providers (look for the NMVTIS logo) can include vehicle condition data from sources other than NMVTIS.
NMVTIS data INCLUDES (as available by those entities required to report to the System):
- Information fromparticipatingstate motor vehicle titling agencies.
- Information on automobiles, buses, trucks, motorcycles, recreational vehicles, motor homes, and truck 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 vehiclehistory.bja.ojp.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.", "PLEASE UNDERSTAND THAT CLEARVIN PROVIDES NO GUARANTEE THAT": "Please understand that CLEARVIN provides no guarantee that the Services will always function without disruptions, delay, or other imperfections. Since the Services may be transmitted through public cellular FDMA, TDMA, CDMA, GSM, and AMPS networks, including satellite phone services, and other types of cellular networks, Internet lines, and even the public switched telephone network (\"PSTN\"), there may be power outages or service disruption.
NVS Data Disclaimer
The ultimate source of the lien information available through ClearVin vehicle history reports is provided by the National Vehicle Service (NVS). Although every effort is made to insure the accuracy of transmission and data, the reports are provided "as is." Some lien holders and jurisdictions do not report to NVS. Records from NVS may be incomplete. ClearVin makes no warranty either expressed or implied as to the validity of the NVS data. Other than that, data provided is a true and correct reproduction of the NVS data.