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.
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”.
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.
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:
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:
Use of CaroInspection
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.
WARRANTIES AND DISCLAIMERS
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.
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.
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.
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.
Last Updated on March 5, 2020.