By providing information and registering an account (“Account”) at or from the CarTruth consumer site (www.cartruth.com) (“CarTruth Site”) or in each instance of purchasing, viewing, downloading, or otherwise accessing an CarTruth® vehicle history report or any related excerpts or information (each, a "Report"), you agree that the following terms and conditions (“Terms and Conditions”) constitute an agreement between you and CarTruth LLC (“CarTruth”) and apply to your access to and use of your Account, the CarTruth Site, and Reports. If you do not agree to be bound by all of the Terms and Conditions, you must immediately cease all access to and use of your Account, the CarTruth Site, and Reports. CarTruth reserves the right (in CarTruth’s sole discretion and without notice to you) to update, revise, supplement or otherwise change the Terms and Conditions and your continued use of any Reports or the CarTruth Site subsequent to any such changes shall constitute your acceptance of all such changes and the updated Terms and Conditions as of the date of such change.
CarTruth makes the CarTruth Site and Reports from the CarTruth Site available solely to and for use by consumers for evaluating vehicle history for their own personal, non-commercial use in accordance with these Terms and Conditions. Dealers and those requiring Reports for Commercial Use may purchase and access Reports solely through a subscription to CarTruth’s commercial CarTruth offering, explained in detail at www.cartruth.com.
CarTruth RESERVES THE RIGHT TO CHANGE, MODIFY, OR DISCONTINUE ANY FEATURE OF THE cartruth SITE OR REPORTS AT ANY TIME WITHOUT NOTICE TO YOU.
1.Your Account. You hereby: (i) certify to CarTruth that the personal information provided when you registered your Account with CarTruth is complete and accurate and relates solely to you and your correct identity, and that you have provided a valid email address; (ii) agree that the Account is for your own personal use and that you shall not provide any other person your credentials or access to your Account; and (iii) agree that CarTruth may provide any notices to you concerning your Account, these Terms and Conditions, or otherwise relating to your use of the CarTruth Site or the Reports at the email address you provided when registering your Account.
2.CarTruth Site and Report License Grant. CarTruth hereby grants to you a limited, personal, non-exclusive license to access the CarTruth Site and to access, download, view, and use the Reports for which you have paid for your personal use and not for any Commercial Use. You may not share or transfer a Report to or with any third party, other than in connection with your purchase or sale of a vehicle for your personal use. For purposes of these Terms and Conditions, "Commercial Use" means access to or use of any Reports or information in any Reports in any of the following activities: (i) buying or selling automotive vehicles other than for your own personal use, (ii) the resale, sublicense, or distribution of any Reports, (iii) analysis between or among groups of vehicles[GD1], or (iv) for any other business or commercial benefit or purpose.
3.CarTruth Site Access and Use Restrictions. You shall not use robots, spiders, or data mining or extraction tools or processes to collect information or Reports at the CarTruth Site or engage in any webscraping, screenscraping, or other similar practices to access the CarTruth Site, Reports, or any information or data accessible from or through the CarTruth Site.
4.Report Restrictions. Except as set forth in these Terms and Conditions, in no event shall you directly or through any third party: (i) revise, modify, alter, copy, publish, retransmit, sell, compile, or transfer any Report or any information set forth in a Report; (ii) create any derivative works from a Report or any information in a Report; (iii) remove, alter, or obscure any trademark, copyright, or any other notice set forth on a Report; or (iv) use any Report or information set forth in a Report to identify or contact any current or previous owners of a vehicle for which you obtained such Report.
You hereby agree that you shall use the Reports and all information in the Reports in full compliance with all applicable federal, local, state and foreign laws, rules, regulations, and decisions.
5.Certification of Personal Use. You hereby certify to CarTruth that the information you have provided at your Account is complete and accurate and that your use of the Account and Reports has been and will be solely for your own personal use and not for any Commercial Use. In the event CarTruth suspects you are accessing or using the Reports or accessing the CarTruth Site for Commercial Use, then CarTruth may immediately suspend your Account and require that restoration of your Account is conditional upon your respond to an email notice sent to the email address you provide at your Account in a manner satisfactory to CarTruth that you certify the following to CarTruth in writing that: (i) you have accessed Reports solely for vehicles for personal use by you or members of your immediate family; (ii) you have not accessed or used any Reports for any Commercial Use; and (iii) you are not sharing or distributing any Reports to any third party other than a family member or a prospective purchaser of a vehicle that you currently own. You also shall provide to CarTruth within five (5) days following CarTruth request any information or materials that CarTruth may request in support of such certifications. In the event CarTruth determines in its sole judgement that your use of the Account and Reports is for Commercial Use, then CarTruth may terminate your Account immediately.
6.Remedies for Commercial Use. In the event CarTruth determines in its sole judgement that you have been accessing and using Reports for Commercial Use, then CarTruth may elect any or all of the following remedies: (i) suspend, deactivate, and/or terminate your Account and access to Reports without refund of any prepaid fees; (ii) require payment from you in an amount equal to CarTruth’s standard fee per Report that CarTruth reasonably determines you have accessed for Commercial Use. All such amounts shall be payable by you upon demand by CarTruth. Any Report accessed by a Commercial User ineligible for CarTruth Buyback Protection.
7.Report Record Limitations. CarTruth compiles Reports using records from numerous third party sources in an effort to report a comprehensive history with respect to each vehicle relative to its vehicle identification number (“VIN”). CarTruth does not have all information from all data sources and may not have information available to other parties, including other vehicle history providers. CarTruth has no control over how you may use the information you obtain from a Report and does not attest to the validity of any information in a Report or guarantee the condition or reliability of any vehicle. You are fully and solely responsible for your use of the Reports and your vehicle purchase and sale decisions.
YOU HAVE SOLE CONTROL AND RESPONSIBILITY FOR YOUR USE OF THE REPORTS AND IN NO EVENT CAN CarTruth PROVIDE ASSURANCE THAT A REPORT PROVIDES A FULL OR COMPLETE HISTORY AND DISCREPANCY INFORMATION RELATING TO ANY VEHICLE. YOU ACKNOWLEDGE AND AGREE THAT ADDITIONAL TITLE BRANDS, ACCIDENT RECORDS, ODOMETER READINGS, OR OTHER DISCREPANCIES OR RECORDS RELATING TO A VEHICLE MAY EXIST THAT ARE NOT LISTED ON A REPORT AND THAT A VEHICLE HISTORY REPORT DOES NOT SUBSTITUTE FOR A PHYSICAL INSPECTION OF A VEHICLE.
8.DISCLAIMERS. CarTruth does not guarantee or assure your access to the CarTruth Site or to Reports, does not attest to the validity or accuracy of any information or data found in a Report, and shall not be liable for any delay or failure to make available the CarTruth Site or any Report. NEITHER CarTruth NOR ITS DATA SOURCES ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY INFORMATION OR DATA SET FORTH IN OR/ OMITTED FROM ANY REPORT. CarTruth PROVIDES THE REPORTS TO YOU "AS IS", AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE REPORTS.
9.Content at the CarTruth Site. CarTruth may from time to time make available general used car buying information as a free service to prospective used car buyers at or via links from the CarTruth Site. CarTruth does not attest to the validity or usefulness or results of use of such content and makes all such content available “AS IS.” You agree that you are responsible for your use of all such content and information. CarTruth DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY INJURY OR DAMAGE THAT YOU MAY CAUSE TO YOURSELF, OTHERS, OR PROPERTY RESULTING FROM YOUR USE OF OR REFERENCE TO CONTENT PROVIDED AT THE cartruth SITE. If you find something on the site that you disagree with, or have any suggestions to improve our site, please contact CarTruth at customersupport@CarTruth.com.
10.Promotion Terms and Conditions. CarTruth may make available promotion codes for access to and use of Reports. All promotion codes are valid for a limited time only and are subject to all restrictions set forth in the applicable offer. CarTruth reserves the right to cancel or modify any offer at any time without notice. Promotion codes may only be used once, are not transferable, and may not be resold.
11.Termination. CarTruth reserves the right to suspend or terminate your Account, access to and use of the CarTruth Site, and any Reports at any time for any reason or no reason at all.
12.Ownership. CarTruth retains ownership of the CarTruth Site, all Reports, and all content and intellectual property rights associated any e-mail or other communication you send to CarTruth relating to the CarTruth Site. You acknowledge that the CarTruth Site and Reports contain or use copyrighted material, trademarks, service marks, database rights, and other proprietary information and that except as expressly set forth in Section 1 of these Terms and Conditions, nothing in these Terms and Conditions or your access to or use of the CarTruth Site grants to you any license or other right with respect to the CarTruth Site, the Reports, or any trademark, patent, copyright, trade secret or other intellectual property right.
13.INDEMNIFICATION. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CarTruth FROM ANY AGAINST ANY THIRD PARTY CLAIMS OR LOSSES (INCLUDING COSTS, EXPENSES AND ATTORNEY FEES) ASSERTED AGAINST CarTruth ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE cartruth SITE OR REPORTS OTHER THAN AS EXPRESSLY PERMITTED IN THESE TERMS AND CONDITIONS.
14.LIMITATIONS OF LIABILITY. CarTruth’s entire liability for any breach of these Terms and Conditions or otherwise in connection with your use of or access to your Account, the CarTruth Site, and the Reports shall in no event exceed the fees you have paid to CarTruth for your use of the CarTruth Site and the Reports. IN NO EVENT SHALL CarTruth HAVE ANY LIABILITY FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES IN CONNECTION WITH YOU’RE YOUR ACCOUNT, THE cartruth SITE, OR ANY REPORTS.
15.Modification of Terms and Conditions. CarTruth may modify, revise, supplement, or otherwise amend the Terms and Conditions at any time without notice to you. All such changes shall be effective as of the date CarTruth posts such changes in these Terms and Conditions. Your use of the CarTruth Site after the date of posting shall constitute your acceptance of all such changes.
16.Assignment. You may not assign any rights or duties under these Terms and Conditions without CarTruth’s prior written consent. CarTruth may assign its rights and duties under these Terms and Conditions at any time and without notice to you.
17.Notices. CarTruth shall provide any notices to you pursuant to these Terms and Conditions at the email address you provided when registering your Account. You shall provide any notices to CarTruth pursuant to these Terms and Conditions at the following address:
18.Disputes. These Terms and Conditions and any disputes between you and CarTruth in connection with these Terms and Conditions shall be governed by the internal laws of the State of Florida without regard to its conflict of law provisions. You and CarTruth agree to submit any claims or disputes relating to these Terms and Conditions, the Reports, or the CarTruth Site to the personal and exclusive jurisdiction of the state or federal courts located within Florida. You agree that monetary damages may not provide CarTruth a sufficient remedy and that CarTruth may seek injunctive or other equitable relief for any such violations without the requirement of posting a bond.