TERMS OF USE FOR CARFAX WEBSITES INTENDED FOR USE BY BUSINESS ENTITIES

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. THIS AGREEMENT BINDS YOU INDIVIDUALLY AS WELL AS YOUR EMPLOYER OR OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ARE ACCESSING THIS SITE.

1. General. This site is owned and operated by CARFAX, Inc. and its subsidiaries (collectively, "CARFAX"). CARFAX has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use any CARFAX web site intended for use by business entities (the "Site").

2. Restrictions on Use. The Site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, graphics (the "Content"). The Content of the Site as well as the organization, layout, arrangement and design elements of the Site and each individual page of the Site, are the property of CARFAX and its affiliates and are protected under the United States and international copyright, trademark and other applicable intellectual property laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part; provided, that you may use the "share" feature that CARFAX may make available on a CARFAX Vehicle History Report to share a link to the applicable CARFAX Vehicle History Report (1) on your Facebook, Twitter or Google Plus page, or (2) with e-mail recipients. Except as otherwise expressly permitted under these Terms of Use or copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of CARFAX or the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site. YOU MAY NOT MAKE USE OF ANY ROBOTS, SPIDERS, OR SIMILAR DATA MINING, DATA GATHERING OR EXTRACTION TOOLS OR MANUAL PROCESSES TO COLLECT, GATHER OR COPY ANY OF THE CONTENT. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Site not otherwise permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CARFAX or its affiliates without prior express written consent. You may not use meta tags or any other "hidden text" utilizing the CARFAX name or trademarks without the express written consent of CARFAX. Systematic retrieval of the Content or other data from the Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of CARFAX is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person's use and enjoyment of the Site.

The foregoing provisions of Section 2 are for the benefit of CARFAX, its subsidiaries, affiliates, and its third party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Illegal and/or unauthorized uses of the Site, including, without limitation, any activities or use of the Site that are fraudulent or otherwise objectionable or inappropriate, or violate (i) these Terms of Use, (ii) the rights of CARFAX, any affiliate or licensor, or any other third party, or (iii) any law or regulation, will be investigated. CARFAX may take any legal action, as it deems appropriate and necessary, including, without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions. You agree that monetary damages may not provide a sufficient remedy and you consent to injunctive or other equitable relief for such violations without the requirement that CARFAX post a bond.

3. Disclaimer of Warranty; Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER CARFAX, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE; ANY INFORMATION OR REPORTS OBTAINED FROM THE SITE; OR ANY WARRANTIES RELATING TO ANY OF THE AUTOMOBILES ABOUT WHICH INFORMATION IS POSTED ON THIS SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CARFAX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL CARFAX, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CARFAX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR OBTAINING ANY REPORTS OR OTHER INFORMATION FROM THIS SITE. THE FOREGOING EXCLUSIONS AND LIMITATIONS ARE INTENDED TO APPLY EVEN IN THE EVENT OF A FUNDAMENTAL BREACH OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.

4. Indemnification. You agree to defend, indemnify, and hold harmless CARFAX and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of (i) your use of the Site or any information you obtain from the Site or its reports (ii) any distribution, publication, refusal to publish, deletion, editing or other use of the content you provide, and/or (ii) your breach of these Terms of Use.

5. Trademarks. All trademarks of CARFAX and its subsidiaries or affiliates displayed on the Site are subject to state, federal, and/or international trademark protection. All rights reserved. All other trademarks appearing on the Site are the property of their respective owners.

6. Third Party Content. Any information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of CARFAX.

The Site contains links to third party web sites with which CARFAX has linking arrangement but for which it does not maintain control or assume responsibility. The inclusion of such a link does not necessarily imply endorsement of such sites by CARFAX or any association with the operators of such linked sites. Any concerns regarding any such third party service or resource, or any link thereto, should be directed to the particular service or resource. In addition, CARFAX recommends that you review these sites' terms of use and privacy policies.

If you post content on this website, you may not post content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and it may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content. CARFAX reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant CARFAX and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CARFAX or its affiliates for all claims resulting from content you supply. CARFAX has the right but not the obligation to monitor and edit or remove any activity or content. CARFAX takes no responsibility and assumes no liability for any content posted by you or any third party.

7. Viruses. CARFAX also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

8. Export Control. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. CARFAX does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

9. Business Associates. The business associates of CARFAX identified on the Site, if any, are independent contractors of CARFAX. The business associates are not joint ventures or partners of CARFAX. No employee or representative of the business associates is under the control of CARFAX.

10. Changed Terms. CARFAX has the right at any time to change or modify the Terms of Use applicable to use of the Site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Site, or by electronic or conventional mail, or by any other means. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions.

11. Dispute Resolution; Class Action Waiver; Governing Law; Jurisdiction and Venue.
a) MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER. With respect to any claim, controversy, dispute, action, cause of action, issue, or request for relief arising out of or relating in any way to CARFAX products or services, or from any advertising for any such products or services, including any question regarding the existence, validity, or termination of any agreement, including without limitation, these CARFAX Terms of Use, as well as any issue regarding the interpretation of this Section 11 (a “Dispute”), you and CARFAX agree as follows:
i. You and CARFAX both agree that any Dispute will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if the claims qualify and CARFAX may pursue a collection action against you in court. You and CARFAX agree to give up any right to litigate a Dispute in a court or before a jury or to participate in a class action or representative action with respect to a Dispute. This also includes any claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the CARFAX Terms of Use required arbitration. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this Section 11(a).
ii. You and CARFAX agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, representative, consolidated or mass action. You shall not join or consolidate claims or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. If this provision is found to be unenforceable, then the entirety of this Section 11(a) shall be null and void.
iii. If you have a Dispute and elect to seek arbitration or file in small claims court, you must first send to CARFAX, by certified mail, a written notice of the Dispute that (a) describes the nature and basis of the Dispute; (b) sets forth the specific relief sought and (c) includes a physical address and email address where you may be reached ("Notice"). The Notice must be addressed to: General Counsel, CARFAX, Inc., 5860 Trinity Parkway, Suite 600, Centreville, VA 20120 (“Notice Address”). If CARFAX and you do not reach an agreement to resolve the Dispute within 60 days after the Notice is received, you or CARFAX may commence an arbitration proceeding or file in small claims court.
iv. The arbitration will be governed by the AAA’s then current Commercial Arbitration Rules, as modified by these Terms of Use, and will be administered by the AAA. In the event of any conflict between these Terms of Use and the AAA Commercial Arbitration Rules, the terms of these Terms of Use will apply. If the value of the claims is less than or equal to $50,000, the Dispute will be heard by a sole arbitrator, appointed in accordance with the AAA Commercial Arbitration Rules. If the value of the claims is greater than $50,000, the Dispute will be heard by a panel of three arbitrators, with each party appointing an arbitrator and the party-appointed arbitrators selecting a third arbitrator to serve as the chairperson. Any hearing shall take place in Washington, D.C.
v. The arbitrator(s) shall apply the law specified in Section 11(b) of these Terms of Use. The arbitrator(s) can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief), and must follow the terms of these Terms of Use as a court would. Except for any relief required by statute, the arbitrator(s) may not award relief in excess of or contrary to what these Terms of Use provide or order consolidation or arbitration on a class wide or representative basis.
vi. Any arbitration will be confidential. Neither you, CARFAX, the AAA nor the arbitrator(s) may disclose the existence, content (including any oral or written submissions) or results of any arbitration, except as may be required by law or for purposes of enforcing or challenging the arbitration award.
vii. Judgment on any arbitration award may be entered in any court having proper jurisdiction. You and CARFAX agree that arbitration is final and binding and subject to only very limited review by a court. You and CARFAX waive the right to any form of appeal, review or recourse to any court or other judicial authority.
b) Governing Law. By using this Site, you agree that the Federal Arbitration Act, applicable federal law, and laws of the Commonwealth of Virginia, without regard to its conflict of laws rules, including, but not limited to, the Uniform Computer Information Transactions Act ("UCITA"), will govern these Terms of Use, as well as any Dispute that might arise between you and CARFAX.
c) Jurisdiction and Venue. If for any reason a Dispute proceeds in court rather than in arbitration or small claims court, each party waives any right to a jury trial and agrees that any such proceeding shall be conducted only on an individual basis and not in a class, representative, consolidated or mass action. Under such circumstances, except for a collection action by CARFAX, you and CARFAX agree that the jurisdiction and venue shall be vested exclusively in the state courts in Fairfax County, Virginia, or the U.S. District Court for the Eastern District of Virginia, Alexandria Division. If any part of this Section 11(c) is found to be unenforceable, the remainder of Section 11 and this Section 11(c) shall still be given full force and effect.

12. Miscellaneous. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Digital Millennium Copyright Act Notice

It is the policy of CARFAX, Inc. ("CARFAX") to respect the intellectual property of others. If you are alleging that material available on or through a CARFAX website infringes upon your copyright, please submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA"). The notice must include the following to be effective:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CARFAX to locate the material;
4. Information reasonably sufficient to permit CARFAX to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In the event that CARFAX removes material from a CARFAX website (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, please submit a written counter notification pursuant to the DMCA. The counter notification must include the following to be effective:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
4. Your name, address, telephone number, and, if available, an email address, and a statement that you consent to the jurisdiction of the U.S. District Court for the Eastern District of Virginia, Alexandria Division, and that you will accept service of process from the person who provided notification of the alleged infringement.

All written notices should be sent to the following:
CARFAX, Inc.
Attn: General Counsel
5860 Trinity Parkway, Suite 600
Centreville, VA 20120
Phone: (703) 934-2664
Email: carfaxlegal@carfax.com

BY VISITING OR USING THE SITE, OR ANY PAGE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND CARFAX, INC.

June 23, 2016

 

Terms of Use for CarfaxBIG.com | CARFAX Banking & Insurance Group