Terms and Conditions

THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND CARO AUTOMOTIVE, LLC (“CARO INSPECTION,” “WE,” “US,” “OUR,” ETC.), THE OWNER AND OPERATOR OF THE WWW.CAROINSPECTION.COM WEBSITE (THE “SITE”) AND THE RELATED CARO INSPECTION MOBILE APPLICATIONS (“MOBILE APPLICATIONS”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND APPLICATION OF ALL SERVICES, FEATURES, AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE AND/OR APPLICATIONS (COLLECTIVELY, WITH THE SITE AND MOBILE APPLICATIONS, THE “SERVICES”), AND YOUR PURCHASE OF GOODS OR SERVICES OF CAROINSPECTION. BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT.

IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS OR SERVICES FROM CAROINSPECTION.

1. Use of Site.CAROAUTOMOTIVE, LLC (Caroinspection.com, Caroinspection) may add to, change or remove any part of the Site or related Mobile Applications, including, without limitation, any Content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the “Content”) therein, at any time without prior notice to you.

Use of Mobile Application and Services.

2(a). Use of Mobile Application and Services. The Terms of this Section shall apply to the User’s utilization of the CAROINSPECTION Self Service Mobile Application iOS Application or CAROINSPECTION Self Service Android Application. The consideration of which terms apply is contingent on the Mobile Application downloaded and utilized by the User at the time of access to CAROINSPECTION Sites and Services. By way of example, if the User accesses the CAROINSPECTION Services on an Android device the Android terms shall apply and if the User accesses the CAROINSPECTION Services on an Apple device the iOS terms shall apply. For purposes of this section and to the extent applicable in this Agreement, together the iOS Application and Android Application shall be known as “Mobile Applications”.

2(b). Incorporation of Related Apple Terms. These Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Agreement therein (“Apple Terms”). In addition, these Terms also incorporate and supplement other terms, conditions, and policies of CAROINSPECTION posted at http://www.caroinspection.com, including without limitation these terms and conditions, the disclaimer, the privacy policy, and other policies, the location and terms of which may be changed from time-to-time.

Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Mobile Applications.

2(b)(1). End-User License for Apple Application. Subject to these Terms, CaroInspection grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Mobile Applications for personal use only on an Apple iPhone, iPad, or iPod Touch (“iOS Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the iOS Device in any other manner, including, without limitation, resale, transfer, modification or distribution of the iOS Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the iOS Application is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the iOS Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

2(c). Incorporation of Related Android Terms.

These Terms incorporate and supplement the Google, Inc. Android (“Android”) Market Terms of Service (available at http://www.google.com/mobile/adroid/market-tos) and the Google Play Developer Distribution Agreement (available at https://play.google.com/about/developer-distribution-agreement.html#showlanguages), (“Android Terms”). In addition, these Terms also incorporate and supplement other terms, conditions, and policies of CaroInspection posted at http://www.caroinspection.com, including without limitation these terms and conditions, the disclaimer, the privacy policy, and other policies, the location and terms of which may be changed from time-to-time.

Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.

2(c)(1). End-User License for Android Application. Subject to these Terms, CaroInspection grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Mobile Applications for personal use only on an Android Device owned or controlled by User as permitted by the Usage Rules contained in the Android Terms and in accordance with these Terms (“User License”). Any use of the Android Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Android Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Android Application is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the Android Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

2(d). User Information. Services and features, such as the Mobile Applications may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including Payment Method information), GPS location information, and information for and from third-party social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Mobile Applications, Site, or other Services, User consents to the transmission of User Information to CaroInspection, including its agents and third-party partners, and consents to CaroInspection, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Mobile Application functionality and for the purposes disclosed in one or more of the CaroInspection Policies identified in this Agreement.

Users are solely responsible for taking precautionary steps to protect User Information stored on the respective Mobile Applications, including without limitation password-protecting the respective Mobile Applications and employing Apple’s or Android’s remote-wipe feature.

Unless attributable to CaroInspection negligence or misconduct, users are also responsible for all payments and losses resulting from transactions and activities undertaken using the Mobile Applications registered in their names and agree to immediately notify CaroInspection of any suspected unauthorized transactions associated with the Services or any other breach of security.

CaroInspection may use location data from your mobile phone, metadata, and any other information contained in the photos or videos you submit.

2(e). Prohibited Uses. Users are prohibited from using the Site, Mobile Applications, and related Services in any way that:

1. Harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights);
2. Is unlawful, fraudulent, or deceptive;
3. Uses technology or other means to access unauthorized content or non-public spaces;
4. Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public data;
5. Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. Attempts to damage, disable, overburden, or impair CaroInspection servers or networks;
7. Attempts to gain unauthorized access to a CaroInspection computer network;
8. Attempts to gain unauthorized access to CaroInspection user accounts;
9. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
10. Violates these Terms in any manner; or
11. Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).

CaroInspection reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Mobile Applications or other Services that CaroInspection reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

2(f). User-Generated Content.  The User may generate content, written or otherwise, while using the Services (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by CaroInspection (for example, in product marketing campaigns). User grants CaroInspection and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.

2(g)Acceptable Use/Content Requirements.  Please keep the following in mind when submitting photos and videos through the Application:

1. To submit a photo or video, you must be at least 18 years of age;
2. You must be the copyright holder or have permission of the owner to submit the photo or video;
3. Only upload photos and/or documents that are related to the claim, transaction, etc. at issue;
4. Do not upload correspondence or time sensitive materials.
5. Unless advised to do so, do not upload photographs or documents related to an injury claim, such as medical records, medical bills, and/or injury photographs;
6. Submit photos or videos pertaining to damage at or as near to the time of the incident as possible;
7. If making submissions related to an insurance claim, CaroInspection is in no way responsible for coverage for any loss, and any information you submit regarding your insurance policy and the loss is subject to review and verification by your insurance company;

Use of CaroInspection

3. Right to Refuse Service or Cancel Order. We are not obligated to accept any order or request for an inspection or other services.  We reserve the right to refuse service, or to cancel any order for any reason at any time.  If we cancel an order for any reason other than your breach of this agreement, we will refund any payment you made.
4. No Offer. Nothing on this Site or related Mobile Applications shall be construed as an offer or promise to make any CaroInspection service or product or the services or products of any third party available to you. By acquiring the self-reported information, you enter and allowing the entry of your order, neither CaroInspection nor associated third parties are attempting to sell services or products in any jurisdiction in which we or they are not authorized to do so.

5. Cancellation, Refund Policy. If you cancel your order and notify us via telephone at (619) 955-9535, or via email to support@caroinspection.com, before the inspector has started to travel to the inspection site, we will refund the amount you paid minus a $20.00 cancellation fee.  Once an inspector has claimed an assignment a $40.00 cancellation fee applies.  Once an inspector has started to travel to the inspection site, however, there are no refunds. 
6. Order Fulfillment. We make every reasonable effort to issue your inspection report within the estimated timeframe quoted for your order, and most orders should be completed within that period. However, because our ability to do so is often dependent on a variety of factors such as, for example, order volume in the area, or difficulty in making arrangements to meet with a requester of inspection or other necessary party, we cannot guarantee that the inspection report will be completed and available to you within that time frame or within any specific time frame.
7. No-Shows. If the inspector arrives at the inspection site and the seller or other party who has agreed to meet us is not there or does not have the item or property available for the inspection, you will be charged a no-show fee equal of $60.
8. Use of subcontractors. We may, without notice, delegate, assign, or subcontract the inspection service to any person, entity, agent, independent contractor, or subcontractor.  CaroInspection inspectors are independent contractors, subcontractors of Caro Automotive, LLC.
9. Authorized Communications.No person other than the person who places the order shall be entitled to issue instructions or in any way communicate with CaroInspection regarding the order. In order to minimize the opportunity for miscommunication, you may not communicate directly, by any means, with your inspector (“Caro Inspection Inspector”. “CARO AUTOMOTIVE LLC Inspector”).
10. Entry Upon Private Property.If fulfillment of your order requires us to enter upon private property, YOU ARE SOLELY RESPONSIBLE FOR OBTAINING THE CONSENT AND PERMISSION OF ALL LEGALLY NECESSARY PARTIES (OWNER, TENANT, ETC.) AND PROVIDING CONFIRMATION THEREOF TO US. You hereby indemnify and hold us harmless for any claims, liabilities, judgments, costs, expenses, or losses of any kind whatsoever we might suffer in connection with entry upon private property at your request in fulfillment of your order. You agree to provide written documentation of ownership or other rights if we so request.
11. No Warranty.Our CaroInspection Inspectors work very hard to make sure that the information they report to you is accurate and complete. However, there is no warranty as to the information in the report you receive. In addition, because we typically do not take possession of the item or property, we have no control over substitutions or changes that could possibly occur after the inspection is made. We provide no warranty for any alterations, changes in condition, or damages to the property being inspected that occur subsequent to the inspection. CaroInspection.com (Caro Automotive LLC) does not guarantee or warrant the condition or operation of any item or property upon delivery to you. You are also bound by the provisions of the Disclaimer found elsewhere on this website.
12. Not Experts; No Authentication.Every CaroInspection Report and the information contained therein is based solely upon the lay observations and opinions of the individual or individuals who process your order and complete the report. You understand that the person or persons that perform the CaroInspection service for you are not experts in any field, and neither possess nor apply any special or specific skill, knowledge, or expertise to their observations and report.  Your personal observations and opinions might differ from those contained in your CaroInspection Report. The photographs contained in your report may differ from photographs that would be taken by a professional photographer. We do not determine whether an item is authentic or fake. We do not perform appraisals or issue value opinions of any kind, and any such information contained in your CaroInspection Report should be not be relied upon for any such purpose. Your CaroInspection (Caro Automotive LLC) Inspector may ask the seller to demonstrate that the item is in basic working order (if you ordered that service). Your CaroInspection (Caro Automotive LLC) Inspector, however, is not an expert, and will not perform any diagnostic tests. Only the most basic functions which the seller chooses to demonstrate will be observed.
13. No Endorsement or Recommendation. Nothing contained in a report that we issue, or what we might say to you, constitutes a recommendation to bid or purchase or not to bid or purchase, or an endorsement or recommendation of any kind whatsoever.
14. Scope of Order. CaroInspection is under no obligation to report any facts, observations, information or events that are outside of the express scope of the order and which are not included in the services offered by us as described on this site or otherwise agreed to by us in writing.
15. Scope of Auto Inspection Services. The type of information you will receive when you order an auto or other type of vehicle inspection report depends upon the type of inspection you request, and the types of inspections that we offer are listed and explained on this website.  CaroInspection is under no obligation to provide any data or information in any form, report any facts, observations, or events that are outside of the express scope of the accepted order you place, or which are not included in the services offered by us as described on this website. 

While it is possible that the person who performs your inspection might happen to be, or once have been, a certified automotive technician, you understand that the person that performs the inspection service for you may not be so certified, or ever have been, and may not be an expert in any field, and neither possesses nor applies any special or specific skill, knowledge, or expertise to his or her observations. The inspection will not be a safety inspection or a substitute for any safety, emissions, or other inspection required by law.  The inspector will not perform and diagnostic tests that would be performed by an automotive or other technician or mechanic.  We do not determine whether a vehicle or any portion thereof is authentic or fake. We do not appraise or provide advice on the value of any vehicle. 

The observations made and reported to you reflect the inspector’s, or our, personal lay observations and opinions based upon the observations made by the inspector at the time the inspection was made, or by us when compiling the inspection report.

Our inspectors work very hard to make sure that the information they report to you is accurate and complete. However, there is no warranty as to the information in the report you receive.  The inspector will not clean or disassemble the vehicle or take other steps to mitigate these factors. In addition, we have no control over substitutions or changes that could possibly occur after the inspection is made. We are not responsible for any alterations, changes in condition, or damages to the vehicle being inspected that occur subsequent to the inspection. CaroInspection.com does not guarantee or warranty the condition or operation of any vehicle upon delivery to you. The inspection report is also subject to the provisions of the Disclaimer found elsewhere on this website. 

16. Title and Liens. CAROINSPECTION DOES NOT VERIFY, CHECK, CONFIRM, REPRESENT, WARRANT, OR GUARANTEE THAT THE SELLER OR PERSON IN POSSESSION AT THE TIME WE PERFORM THE INSPECTION HAS LEGAL TITLE, OWNERSHIP, OR LEGAL POSSESSION OF THE ITEM OR PROPERTY INVOLVED.  WE DO NOT CHECK FOR LIENS OR OTHER ENCUMBRANCES.
17. Third Party Links. This Site and  related Mobile Applications might contain references or links to other websites owned or operated by third parties. These references and links do not constitute endorsements, advice, referrals, or recommendations by CaroInspection regarding such third party sites, products, or services. We reserve the right to disable any link to this Site and  related Mobile Applications which has not been authorized by us.  The CaroInspection Parties do not provide any warranty as to the accuracy, completeness, or usefulness of any such content, nor its merchantability or fitness for any particular purpose. You may choose to use or not use them at your sole discretion. You agree that CaroInspection is not responsible, and you shall indemnify and hold us harmless from and against any economic claims, actions, damages, losses, liabilities, costs, or expenses, of whatsoever kind or nature, including, without limitation, attorney’s fees and costs of defense, arising out of your use of any third party website or purchase or use of any third party product or service.
18. Sales and Other Taxes. You agree to pay all applicable sales, use, excise, or other taxes applicable to your order. 
19. User Name and Password. You are solely responsible for your user name and password and maintaining the security thereof, and CaroInspection, caroinspection.com, Caro Automotive LLC is not responsible for any economic claims, actions, damages, losses, liabilities, costs, or expenses you suffer by reason of unauthorized use of your password by others. You are solely responsible for your user name and password and maintaining the security thereof, and CaroInspection is not responsible for any claims, damages, or losses you suffer by reason of unauthorized use of your password by others.
20. Proprietary Rights.Everything on this Site and related Mobile Applications, including but not limited to all of its content, data, text, graphics, sounds, videos, and logos is protected by trademark, service mark, copyright, patent, trade secret, or by other law, and is the property of CARO AUTOMOTIVE LLC, Caroinspection, caroinspection.com or other parties. Nothing herein shall be construed to create rights of any kind in any third parties. You may use the Site and  related Mobile Applications to learn about, evaluate, or purchase CaroInspection services or products. You may not use our Site and  related Mobile Applications for any other commercial purpose. You shall not reverse engineer CaroInspection Site and related Mobile Applications or any portion thereof, or the programming code connected therewith, or assist others in doing so.
21. Prohibited Use of Site. You shall not post or transmit anything on this Site and related Mobile Applications which violates any applicable law or regulation, or creates any criminal or civil liability of any kind whatsoever including but not limited to any obscene, pornographic, libelous, slanderous, defamatory statements, information, or other illegal materials. You agree to use CaroInspection.com and related Mobile Applications only for lawful purposes. We may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the site; or (iii) to protect the rights or property of any of the CaroInspection Parties, its users or service providers. We reserve the right, but do not have the obligation, to monitor your use of this Site and related Mobile Applications and to restrict or terminate your use of the Site and related Mobile Applications or modify or remove any information found on the Site and related Mobile Applications for any reason whatsoever in our sole discretion.
22. Feedback, Grant of License.If you send feedback to us (comments, questions, documents, suggestions, etc.) you thereby grant us the absolute perpetual and non-revocable right and license, without compensation, royalty, or attribution, to use such feedback in any manner desired by us, including but not limited to modifying, publishing, distributing, exploiting and/or using such feedback in the development, manufacturing, and marketing of new products and services.

WARRANTIES AND DISCLAIMERS

28. WARRANTY DISCLAIMER. THIS SITE AND RELATED MOBILE APPLICATIONS, AND EVERYTHING ON IT OR ACCESSIBLE THROUGH IT, INCLUDING OTHER SITES ACCESSIBLE THROUGH THIS SITE AND RELATED MOBILE APPLICATIONS, AND THE SERVICES PROVIDED BY CAROINSPECTION.COM, CARO AUTOMOTIVE LLC, ARE PROVIDED STRICTLY ON AN AS-IS AND AS-AVAILABLE BASIS.  CAROINSPECTION.COM, CARO AUTOMOTIVE LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF TITLE TO GOODS OR PROPERTY, THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE AND RELATED MOBILE APPLICATIONS, THAT ACCESS TO OR OPERATION OF THE SITE AND RELATED MOBILE APPLICATIONS WILL BE UNINTERRUPTED OR FREE OR DEFECTS OR ERRORS, OR AS TO THE RELIABILITY, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THIS SITE AND RELATED MOBILE APPLICATIONS OR ANY THIRD PARTY SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CAROINSPECTION.COM, CARO AUTOMOTIVE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND RELATED MOBILE APPLICATIONS IS AT YOUR OWN RISK.  CAROINSPECTION.COM, CARO AUTOMOTIVE LLC IS RESPONSIBLE ONLY FOR WHAT WE DIRECTLY PROVIDE TO YOU, AND ONLY TO THE EXTENT PROVIDED IN THESE TERMS AND CONDITIONS.  WE ARE NOT RESPONSIBLE FOR AND DO NOT MAKE REPRESENTATIONS OR PROVIDE WARRANTIES OF ANY KIND FOR ANY GOODS, SERVICES, OR ANYTHING ELSE PROVIDED TO YOU BY OTHERS THAT YOU REACH VIA OUR WEBSITE, INCLUDING BUT NOT LIMITED TO CAROINSPECTION.COM, OR ANY OTHERS.  THIS PROVISION SHALL BE ENFORCED TO THE GREATEST EXTENT ALLOWED BY LAW.
29. OUR MAXIMUM LIABILITY; EXCLUSION AND LIMITATION OF LIABILITY. THE MAXIMUM LIABILITY IN THE AGGREGATE OF CAROINSPECTION.COM, CARO AUTOMOTIVE LLC, LLC, ITS OWNERS, OFFICERS, EMPLOYEES, MEMBERS, STOCKHOLDERS, PARTNERS, DIRECTORS, MANAGERS, AGENTS, SUBCONTRACTORS, AFFILIATES, SUCESSORS, ASSIGNS, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (HEREINAFTER, THE “CAROINSPECTION PARTIES,” WHICH SHALL REFER TO ANY ONE, MORE, AND ALL OF THEM) TO YOU OR ANY OF YOUR FAMILY MEMBERS OR PASSENGERS IN ANY VEHICLE FOR ANY and all claims, actions, damages, losses, liabilities, costs, or expenses, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE WEBSITE OR ANY SERVICES PROVIDED BY US, INCLUDING THE MOBILE APPLICATIONS, SHALL BE THE AMOUNT OF THE INSPECTION FEE PAID BY YOU TO CAROINSPECTION OR $80.  NONE OF THE CAROINSPECTION.COM, CARO AUTOMOTIVE LLC PARTIES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR ANY OF YOUR FAMILY MEMBERS OR PASSENGERS IN THE VEHICLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITY COSTS, LOSS OF USE, OR LOSS OF BUSINESS, EVEN IF ANY OR ALL OF THE CAROINSPECTION.COM, CARO AUTOMOTIVE LLC PARTIES WERE NOTIFIED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES OCCURRING. THESE EXCLUSIONS AND LIMITATIONS SHALL BE ENFORCED TO THE GREATEST EXTENT ALLOWED BY LAW.  

THE PROVISIONS OF THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, OR TYPE OF claim, action, damage, loss, liability, cost, or expense, REGARDLESS OF WHETHER IT BE AN ACTION IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR BASED ON CONTRACT, STATUTE, OR ANYTHING ELSE. 

30. Ownership and Use of Information and Reports; Copyright. You may use the report you order only for your own personal non-commercial use. You shall not trade, barter, publish (in any form via any media whatsoever), sell or resell any report, data, or information obtained or purchased by you from CAROINSPECTION.COM, CARO AUTOMOTIVE LLC to any person or entity whatsoever without CaroInspection’s prior written consent.  CAROINSPECTION.COM, CARO AUTOMOTIVE LLC shall not be liable to anyone with whom you share the report or the information therein contained, and you shall defend, indemnify, and save harmless the CaroInspection Parties from any and all economic claims, actions, damages, losses, liabilities, costs, expenses, of whatsoever kind or nature, including without limitation attorney’s fees and litigation costs and expenses, incurred by the CaroInspection Parties arising out of or in connection therewith. 

CaroInspection may resell, license, or authorize the use of the report you ordered and purchased, and any of the data and information contained therein, to others upon any terms and conditions it desires, without notice and without your consent. In such event, we will remove your personally identifiable information from the report prior to any such use thereof.  We may also, without notice and without your consent, enter into agreements or arrangements with sellers or others in which they may be compensated by us for sales of the vehicle inspection report you purchased under an arrangement in which, for example, and without limitation, they have agreed to make the availability of the report known to potential buyers or others.

The copyright to and ownership of, without limitation, all pictures, video, text, copy, data, works, inventions, improvements, concepts, ideas, intellectual property, patent rights, trademarks, trade secrets, and all information in any form, made, conceived, gathered, written, taken, created, developed, performed, or discovered by us (including, without limitation, the inspector) in connection with this agreement, and the inspection report itself (individually and collectively, “CaroInspection Materials”), shall at all times be owned solely and exclusively by CAROINSPECTION.COM, CARO AUTOMOTIVE LLC.  To the extent that the CaroInspection Materials for any reason do not vest solely and exclusively in CAROINSPECTION.COM, CARO AUTOMOTIVE LLC as provided herein, you hereby transfer and assign, without limitation, the copyright and all of your right, title, and interest in and to the CaroInspection Materials to CAROINSPECTION.COM, CARO AUTOMOTIVE LLC.

31. Indemnification.You shall defend, indemnify, and save harmless the CaroInspection Parties from any and all claims, actions, damages, losses, liabilities, costs, expenses, including without limitation attorney’s fees and litigation costs and expenses, incurred by the CaroInspection Parties as a direct or indirect result of any breach by you of these Terms and Conditions, or arising out of or in connection with your willful misconduct, negligent or fraudulent use of this Site and related Mobile Applications, or any other website you enter via a link from this Site and related Mobile Applications, or out of use of or reliance upon the inspection report, to the fullest extent allowed by law.  CAROINSPECTION.COM, CARO AUTOMOTIVE LLC may, in its sole discretion, defend, compromise, or settle any such or claim or action and you shall be bound thereby. Nothing herein shall be deemed or construed to constitute a limitation or waiver of any other rights and remedies available under these Terms and Conditions, or law, or regulation to CAROINSPECTION.COM, CARO AUTOMOTIVE LLC or the other parties indemnified under this section.

ARBITRATION AGREEMENT AND DISPUTE RESOLUTION

Please read this Section (“Arbitration Agreement”) carefully. It’s part of your contract with CAROINSPECTION.COM, CARO AUTOMOTIVE LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

32. Informal Resolution. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at support@CaroInspection.com or submit a contact form at caroautomotive.com/contact. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction; these terms govern dispute resolution between us.
33. Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any product or service provided by CAROINSPECTION.COM, CARO AUTOMOTIVE LLC that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and CAROINSPECTION.COM, CARO AUTOMOTIVE LLC, and to any of CaroInspection’s licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.

33(a). Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

33(b). Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and CAROINSPECTION.COM, CARO AUTOMOTIVE LLC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and CAROINSPECTION.COM, CARO AUTOMOTIVE LLC.

33(c). Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and CAROINSPECTION.COM, CARO AUTOMOTIVE LLC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CAROINSPECTION.COM, CARO AUTOMOTIVE LLC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

33(d). Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in California, San Diego.

33(e). 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out within 30 days of purchasing a Membership. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to these terms. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.

33(f). Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

33(g). Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with CAROINSPECTION.COM, CARO AUTOMOTIVE LLC.

33(h). Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if CAROINSPECTION.COM, CARO AUTOMOTIVE LLC makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the CAROINSPECTION.COM, CARO AUTOMOTIVE LLC.

33(i). Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in San Diego, California for such purpose.

GENERAL PROVISIONS

35. Assignment; No Third Party Rights.You may not assign any rights or obligations under these Terms and Conditions or arising out of your use of this Site and related Mobile Applications without the prior written consent of CAROINSPECTION.COM, CARO AUTOMOTIVE LLC.  Our obligations to you under this agreement shall be to you and you only, and nothing herein shall be construed to create rights of any kind in any third parties.  CAROINSPECTION.COM, CARO AUTOMOTIVE LLC may freely assign or delegate its rights and obligations to any party without notice or consent.  
36. Privacy Policy.The use of this Site and related Mobile Applications is governed by the terms of our Privacy Policy.
37. Entire Agreement.This Agreement is a final expression of the intent of the parties, constitutes the entire agreement and understanding between the parties, and supersedes all prior and contemporaneous oral or written agreements or understandings concerning the settlement described herein. This Agreement may be modified only by a duly executed written instrument signed by the party against whom enforcement of the modification is sought.  In the event of a conflict between the CAROINSPECTION.COM, CARO AUTOMOTIVE LLC order form and this agreement, this agreement shall prevail.
38. Severability.In the event that any one or more of the provisions of this Agreement shall be held invalid, illegal, or unenforceable in any respect, such provisions shall be adjusted rather than voided, if possible, in order to achieve the express intent of the parties to this Agreement; and in any event, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
39. Force Majeure. If we are delayed or prevented from performance of our obligations under this agreement by any act of God, weather conditions, fire or other casualty, computer or telecommunication problems, laws or regulations, war, or any other circumstance beyond our reasonable control, CAROINSPECTION.COM, CARO AUTOMOTIVE LLC will be excused from performance of those obligations.  In such event, our only obligation to you will be to refund the inspection fee in full.
40. Headings and Captions.The headings and contained in these Terms and Conditions are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
41. Forbearance, Waiver.Any failure of CAROINSPECTION.COM, CARO AUTOMOTIVE LLC to pursue any legal or equitable remedy or right available to it shall not constitute a waiver of such right, nor shall any such forbearance, failure, or actual waiver imply or constitute waiver of subsequent default or breach. No waiver of a breach of any provision of this Agreement by CAROINSPECTION.COM, CARO AUTOMOTIVE LLC shall be construed to be a waiver of any breach of any other provision of this Agreement or of any succeeding breach of the same provision. No delay by CAROINSPECTION.COM, CARO AUTOMOTIVE LLC in acting with regard to any breach of any provision of this Agreement shall be construed to be a waiver of such provision by CAROINSPECTION.COM, CARO AUTOMOTIVE LLC.
42. Changes to Site and related Mobile Applications.We reserve the right to make changes at our discretion and without prior notice to any portion of this Site and related Mobile Applications including but not limited to content, policies, Terms and Conditions, or any others.  Your continued use of this website OR SERVICES INCLUDING THE APPLICATIONS will constitute your acceptance of and agreement to any such changes.

Last Updated on March 5, 2020.