1. USE OF SITE.
Your use of this site constitutes your agreement to these Terms and Conditions (the “Agreement”) for any use of this site. By using this site, you agree to be bound to this Agreement. If you do not wish to be bound to this Agreement, do not use this site. Your Agreement with us regarding compliance with these terms becomes effective immediately on your use of the site.
2. DESCRIPTION OF CLEARVIN SERVICE.
ClearVin specializes in access to 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 some 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, recreational vehicles (RV’s) and pre 1981 classic cars. ClearVin reports include information from these third-party sources, however ClearVin reports are limited in scope and are not intended to cover every facet of a vehicle, such as vehicle color or vehicle trim.
ClearVin does not sell vehicles. ClearVin may be recommended to you by other companies, but ClearVin is a third party to those other companies. The referring companies are not responsible for Services provided by ClearVin, nor is ClearVin responsible for the services provided by any third-party companies.
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 18 years or older.
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 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.
b. CONTENT OF REPORTS. ClearVin has no control over the quality or accuracy of the content provided by the Services. The content of ClearVin’s reports of the communication is entirely the responsibility of the person from whom such content originated, such as various state Department of Motor Vehicles, and auto dealers. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable. The content may be incomplete or inaccurate. The content is only to be used as a starting point for further research regarding a vehicle. You should not rely on the information in the reports.
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 € 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 to one per person or business.
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. 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.
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 any of ClearVin’s Services. For information about fees for particular Services visit the fees and Services sections of the Website, https://www.ClearVin.com
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. The account holder is responsible for all charge incurred via their account. It is the responsibility of the account holder to keep their credentials and login information secure. If the account is used by any person, the account holder remains responsible for all charges incurred. This means that the account holder will be responsible for any and all uses and purchased via your account, even those make without your permission. In the event that your login credentials are stolen or lost, or any item holding the credentials is stolen or lost, you must notify us immediately so that we can terminate the account before it is used.
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.
viii. Dealer Monthly Subscription. By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. A user is notified via email before the renewal fee is billed. You may cancel your Monthly Subscription at any time in your account or by contacting us at [email protected]. Once you cancel a subscription, you disable future subscription charges. Past subscription fees will not be refunded.
ix. Dealer Annual Subscription. By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription. A user is notified via email before the renewal fee is billed. You may cancel your Annual Subscription anytime before the next billing cycle in your account or by contacting us at [email protected]. Once you cancel a subscription, you disable future subscription charges. Past subscription fees will not be refunded.
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 pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records related to the transactions you enter into on this site, including notices of cancellations, policies, contractions, 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 rights, titles and interests 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 device, or manual process to monitor or copy any content from the Service. Unless you have agreed otherwise in writing with ClearVin, nothing in this Agreement gives you a right to use any of ClearVin’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that 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 or any third party 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 includes 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.
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. DISPUTE RESOLUTION
You and ClearVin agree that any claim, demand, controversy, dispute, or cause of action arising out of or in any way related to this Agreement, your relationship with us, your use of or inability to use our Services (through our Website or otherwise), or any purchase using our Services (each, a "Claim") will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. This section affects your legal rights and will have a substantial impact on how any Claim you and ClearVin may have against each other is resolved.
a .Limitations Periods
Except where prohibited by applicable law, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM MUST BE COMMENCED WITHIN ONE YEAR AFTER THE DATE ON WHICH SUCH CLAIM ACCRUED OR BE FOREVER BARRED. You agree that this limitations period is reasonable due to the nature of the transactions contemplated in this Agreement.
b. Applicable Law
You agree that the laws of the State of Delaware shall exclusively all Claims You agree to be governed by the laws of Delaware notwithstanding of any conflict of laws principles and without regard to your state or country of residence, domicile, or origin, or where you accessed our Website or Services.
c. Notice of Dispute Form
We want to avoid legal action, and we hope you do, too. Therefore, if either you or we plan to pursue a Claim against the other, you or we must first send to the other, a completed Notice of Dispute form. The Notice of Dispute form is available here.
If you intend to pursue a Claim against us, you must send your completed Notice of Dispute to us via Certified Mail at the following address:
Notice of Dispute
8 The Green, Ste. A
Dover, DE 19901
Letters or Disputes written on Notice of Dispute forms but not sent via Certified Mail, are not Notice of Dispute. If a Claim is being perused against you, a completed Notice of Dispute will be sent to you at the address associated with your Member Account. It is your responsibility to keep your address updated via your My Account page. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If the issues outlined in the Notice of Dispute are not resolved within thirty (30) days after the Notice is received via Certified Mail , or if a written denial or rejection of the Claims is received by the complaining party, prior to the expiration of this 30-day period, either party may initiate arbitration in accordance with Section 9.4 (Agreement to Arbitrate). Note that neither party must complete and send a Notice of Dispute form to pursue any Claim as a counterclaim against the other party in any pending legal action.
d. Agreement to Arbitrate
You and ClearVin agree that any Claim shall be resolved exclusively through final and binding arbitration, rather than in any court. You and ClearVin agree that each waives any right to a jury trial under this Agreement to Arbitrate. You agree not to file or initiate litigation or any legal action (including arbitration or small claims actions) against ClearVin or any of our employees, contractors, or affiliates other than as provided in this Agreement. If the event you do file or initiate litigation in violations of this Agreement, no applicable limitations period(s) will be tolled during the pendency of any litigation or action instituted. In the event you file or initiate litigation (including local and or small claims actions), you hereby agree to pay all costs (including but not limited to court fees, attorney's fees incurred by the ClearVin or the related party, related to our efforts to get such litigation or action dismissed and/or transferred arbitration as provided herein.
e. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND CLEARVIN AGREE THAT EACH MAY BRING ANY CLAIM AGAINST THE OTHER OR DEALERS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU, CLEARVIN AND THE DEALERS (IF APPLICABLE) AGREE OTHERWISE (IN WRITING), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER CLEARVIN MEMBERS.
f. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the applicable law and terms of this Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or in any way relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate (or any portion thereof), or of this Agreement (or any portion thereof), including any claim that all or any portion of the Agreement to Arbitrate or this Agreement is unenforceable.
The arbitrator shall not be bound by rulings in prior arbitrations involving either of the parties but is bound by rulings in prior arbitrations involving the same ClearVin user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Arbitration of any Claims shall be held in Dover, Delaware and will be conducted and governed by the American Arbitration Association ("AAA") under its rules and procedures except as provided below. All arbitration rules and procedures are modified as follows:
i. The arbitration hearing shall take place no later than 120 days after arbitration is initiated.
ii. Where no party’s claim exceeds $10,000 (exclusive of interest, attorney fees, and arbitration costs), the dispute shall be resolved by submission of documents unless the arbitrator determines that an oral hearing is necessary. Within 14 days after appointment of the arbitrator, the arbitrator shall schedule a preliminary case management teleconference to establish fair and equitable procedures for the submission and review of documents. The final date for submissions (including any response and replies, if permitted) shall be no later than 120 days after arbitration is initiated.
iii. Except where no party’s claim exceeds $10,000 (exclusive of interest, attorney fees, and arbitration costs), each party (or each party’s representative if such party is an entity or organization) must appear in-person at the arbitration hearing.
iv. Discovery of documents and other tangible things shall be limited to those documents and other tangible things which each party intends to rely on during the arbitration.
v. It shall not be a requirement for a document to be presumed admissible that the party offering a document has made available, after request, to all other parties all other related documents from the same author or maker.
vi. Legal issues (which may be resolved without need for reliance on factual issues) shall be resolved via summary disposition by the arbitrator prior to the arbitration hearing.
vii. At least two business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator shall resolve disputes concerning the exchange of exhibits.
viii. Unless applicable law provides otherwise, the arbitration may proceed in the absence of any party who fails to appear at the arbitration hearing or fails to submit documents in a dispute to be resolved by the submission of documents. An award may be made solely on the default of a party for failure to appear.
ix. If the total and combined relief requested is $100,000 or more (exclusive of interest, attorney fees, and arbitration costs), a party may appeal purely legal errors and manifestly erroneous factual findings.
The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over any arbitration. Rather, AAA rules shall determine the number of arbitrators that may preside over any given arbitration conducted under this Agreement to Arbitrate.
The form for initiating any arbitration proceeding is available on AAA’s website. In addition to filing this form with the arbitration company, you must send, by certified mail, a copy of the completed form to ClearVin at the following address to initiate arbitration proceedings:
Re: Arbitration Claim
8 The Green, Ste. A
Dover, DE 19901
Settlement discussions or offers are not admissible to the arbitrator.
g. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by arbitration company’s rules, unless otherwise stated in this Agreement to Arbitrate.
With the exception of any of the provisions in Section 15e (Prohibition of Class and Representative Actions and Non-Individualized Relief) of this Agreement to Arbitrate, if an arbitrator or court decides that any portion of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 15e (Prohibition of Class and Representative Actions and Non-Individualized Relief) of this Agreement to Arbitrate is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of this Agreement (including all other provisions of Section 9 – Dispute Resolution) shall continue to apply.
If an arbitrator or court decides that the requirement set forth in Section 15 (Dispute Resolution) that any arbitration under this Agreement to Arbitration be held as provided above is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply and any arbitration shall instead be held remotely when possible, or as otherwise in accordance with the arbitration company’s rules and policies. ClearVin’s representatives may attend by telephone, unless the arbitrator requires otherwise.
i. Opt-Out Procedure
YOU MAY CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING CLEARVIN A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NOT LATER THAN 30 DAYS AFTER THE DATE ON WHICH YOU ACCEPT THIS AGREEMENT BY VIEWING OUR WEBSITE OR USING OUR SERVICES FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE VIA CERTIFIED OR REGISTERED MAIL, RETURN-RECEIPT REQUESTED, TO:
8 The Green, Ste. A
Dover, DE 19901
You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and account login information and email address associated with your Member Account to which the Opt-Out Notice applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can Opt-Out of the Agreement to Arbitrate. If you Opt-Out of the Agreement to Arbitrate, all other parts of this Agreement (including all other provisions of Section 15 (Dispute Resolution)) will continue to apply to you. If you Opt-Out of this Agreement to Arbitrate, this has no effect on any previous, other, or future arbitration agreements that you may have with us.
j. Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in this Agreement to the contrary, changes to the agreement to arbitrate, other than a change to any notice address or Website link provided herein, in the future, shall not apply to any Claim that was filed in a legal action or proceeding prior to the effective date of the change. The change shall apply to all other Claims governed by the Agreement that have arisen or may arise after the date of such change. Should this agreement to arbitrate change, you will be notified by a message when you log into the Website. If you object to any of the changes to this Agreement, or otherwise do not understand or agree to be bound by the changes to this, you should discontinue using our Services.
k. Judicial Forum for Claims
In the event that this Agreement to Arbitrate is found not to apply to you or to any particular Claim, either as a result of your decision to Opt-Out of the Agreement to Arbitrate, by mutual written agreement, or as a result of any decision by any arbitrator or court, you agree that any Claim must be resolved exclusively by the state or federal courts (not to include small claims court) located in and or for Dover, Delaware. You consent to venue and personal jurisdiction of such courts for the purposes of litigating all such Claims. To the extent permitted by applicable law, you voluntarily and expressly agree to waive (and/or not exercise your rights under) any statute or law that provides you with the ability to revoke or otherwise invalidate this mandatory forum selection clause (or any portion thereof). It is agreed that nothing under this section shall prohibit any party from enforcing or otherwise seeking to collect on any judgment in any jurisdiction permitted by applicable law.
l. Attorney Fees
Each party shall bear its own costs, expenses, and attorney fees incurred in connection with any cause or action, except when such is specifically provided for in this Agreement, is related to our efforts to collect amounts due from you under this Agreement, is provided for under the arbitration company’s rules, and or is provided for by applicable law. Any reference in this Agreement to attorney fees shall specifically include an award to ClearVin for time incurred by our in-house attorney(s), at a rate no less than Three Hundred Dollars per hour. Other than as specifically provided herein, there is no general right to an award of costs and expenses (including attorney fees), even if such party is the “prevailing party”.
m. Service of Process
You expressly agree to accept service of process by Certified or Registered mailing of a copy of the summons and complaint to the address listed in your Account on the date such mailing is sent. It is your responsibility to keep your account information updated via your My Account page.
We have the right to offset any amount owed to you, if either are owed amounts from you or you are in violation of this Agreement.
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 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. 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 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.
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 ensure 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.