Terms of Use

The Services

Services consist of the Site, any content on the Site and/or all products and services offered by CARFAX, including without limitation, the myCARFAX Service, the used car listings, the vehicle history reports (and excerpts thereof), sell my car and/or any comments, ratings, reviews and/or other content or materials submitted by your or other users on or through the Site (collectively, “Submissions”) regardless of the manner form or medium in which the content is delivered to you, stored by you or delivered by you. All Services are owned and operated by CARFAX. CARFAX has the right at any time to change or discontinue any aspect or feature of any Service, including, without limitation, the content and availability of the Service or the equipment required to access or use the Service. Please review CARFAX’s Privacy Statement (available at, http://www.carfax.agency/privacyStatement.cfx), which applies to the information collected by CARFAX during your visit and use of any Service, to get a better understanding of CARFAX policies and procedures regarding the collection and use of personal information.

The Account

You may be required to create an account in order to use some features of the Site or the Services. To create a CARFAX account, you must use a valid email address registered to you. You may not impersonate any person or entity, or otherwise mislead as to the origin of the content you share with CARFAX when you register. You may not use the terms CARFAX, CAR FOX or any derivatives or such terms as part of your screenname or username. Except as specifically set forth in Section 19, communications between CARFAX and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and CARFAX electronically shall satisfy any legal requirements that such communications be in writing. By creating an account, you represent and warrant to CARFAX that (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform the obligations under these Terms of Use, (ii) you own the vehicles for which you are using the myCARFAX Service and (iii) all information provided by you to CARFAX through the Site is accurate and complete. You are solely responsible for maintaining the confidentiality of any password you use to access your account.

Description

The myCARFAX Service is a personal vehicle information management service that allows you to consolidate and track information about your vehicles. The myCARFAX Service may provide you with alerts about safety recalls, warranty information, email reminders about recommended service, access to service history on your vehicles and other vehicle service-related information. The myCARFAX Service may also provide information to you relating to third party products or services, such as coupons, discounts and special offers (“Third Party Offers”). The myCARFAX Service is intended to help you organize and manage information about your vehicles. It is not intended to provide legal, tax or financial advice.

Right to Access and Use the myCARFAX Service

You are hereby granted a limited, revocable, non-exclusive and non-transferable license to access and use the myCARFAX Service in the United States solely for your personal use and only in accordance with these Terms of Use.

Recall Information

CARFAX receives information regarding vehicle safety and emissions recall from most manufacturers of vehicles sold in the United States. While each manufacturer provides data updates to CARFAX on a regular basis, some recalls may not have been reported to CARFAX.

• Toyota Recall: Toyota Motor Sales, USA, Inc. provides CARFAX with recall information within the last 10 model years for vehicles originally marketed or sold in the United States of America and its territories. Only open Safety or Emissions recalls, where the remedy is available and has not been completed, will be listed. While Toyota provides data updates to CARFAX on a regular basis, this report may not include very recent activity. For the most current information on recall activity for any Toyota vehicle, go to https://www.carfax.agency/Research/Toyota.
• Scion Recall: Toyota Motor Sales, USA, Inc. provides CARFAX with recall information within the last 10 model years for vehicles originally marketed or sold in the United States of America and its territories. Only open Safety or Emissions recalls, where the remedy is available and has not been completed, will be listed. While Toyota provides data updates to CARFAX on a regular basis, this report may not include very recent activity. For the most current information on recall activity for any Scion vehicle, go to https://www.carfax.agency/Research/Toyota.
• Lexus Recall: Toyota Motor Sales, USA, Inc. provides CARFAX with recall information within the last 10 model years for vehicles originally marketed or sold in the United States of America and its territories. Only open Safety or Emissions recalls, where the remedy is available and has not been completed, will be listed. While Toyota provides data updates to CARFAX on a regular basis, this report may not include very recent activity. For the most current information on recall activity for any Lexus vehicle, go to https://www.carfax.agency/Research/Lexus.

Used Vehicle Listings

CARFAX offers CARFAX Used Car Listings as an online used vehicle listing service. CARFAX is never a party to any transaction between buyers and sellers and does not (a) guarantee or ensure the availability of any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer title, or (c) warehouse, store, ship or deliver any vehicles. Sellers may include information about specific vehicles, special offers, incentives, or pricing. CARFAX is not responsible for and does not verify or warrant the accuracy or completeness of the information provided by sellers and the information may contain errors or omissions. Users of the Site should contact sellers for information regarding specific vehicles. NEITHER CARFAX, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS (collectively, “CARFAX Parties”) MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE LISTED ON THE SITE. CARFAX may, but has no obligation to, correct any error or omission on the Site. All vehicles are subject to prior sale. Buyer must address all concerns, discrepancies and/or potential issues with the seller prior to the sale of the vehicle.

Sell My Car

CARFAX offers the Sell My Car feature to allow users to connect with dealers who may wish to purchase such user’s used vehicle. CARFAX is not a party to any transaction between buyers and sellers and does not guarantee that buyer will offer any specific price to the seller. CARFAX is not responsible for and does not verify or warrant the accuracy or completeness of any information provided by buyer or seller. Seller may be required to present the documents required by buyer in order to receive a written offer from buyer. If seller accepts a buyer’s offer to purchase, buyer may first pay off any outstanding lien amount on the seller’s vehicle and seller may receive only the amount by which the amount offered by buyer exceeds the amount of any lien of the seller’s vehicle, if any.

Ownership

You acknowledge that all Services contain copyrighted material, trademarks, and other proprietary information. The Services, including the content and the organization, layout, arrangement and design elements of the Site and each individual page of the Site, and all intellectual property relating either directly or indirectly to the Services, including but not limited to patents, design rights, copyrights, trademarks, service marks, database rights (including, but not limited to information provided by you), trade secrets, know-how and all derivative works thereof (collectively, “Intellectual Property”), are and will remain the property of CARFAX or its affiliates and are protected by United States and international copyright, trademark and other applicable intellectual property laws. You shall not in any manner attempt to obtain any right, title, or interest, by registration, patent, copyright or otherwise in or to such Intellectual Property or any derivative thereof. You shall not take any action that jeopardizes, limits or interferes with CARFAX or its affiliates’ ownership of and/or right to use the Intellectual Property.

Trademarks and Patents

All trademarks and service marks of CARFAX and its affiliates displayed in connection with any Service are subject to state, federal, and/or international trademark protection. Unless expressly authorized by CARFAX, you may not use any trademarks or service marks that you access through any Service with any product or service that is not provided by CARFAX, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit CARFAX and its affiliates. All other trademarks appearing in the Services are the property of their respective owners, including third-party providers of products and services with links to and from the Services.

No Modification of Services

You shall not modify any Service (including, without limitation, the Site) except that you may input and save information related to your vehicle(s) as permitted by CARFAX. In the event any modification or improvement to any Service or the Site is developed by you or on your behalf, contrary to these Terms of Use, you agree to and hereby do assign to CARFAX all Intellectual Property relating to such modification or improvement and you further agree to execute all documents and undertake all reasonable actions as CARFAX requests in order to procure, perfect, maintain or otherwise vest ownership of such Intellectual Property in CARFAX.

Submissions by you

You may provide Submissions through the Site so long as the Submission is not illegal or in violation of any applicable laws or regulations (including, without limitation, any vehicle advertising laws), obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You are solely responsible for all your Submissions to the Site. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the Submission.

Unless we indicate otherwise, (a) you grant CARFAX and its affiliates a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Submission throughout the world in any media, now known or hereafter devised; (b) grant CARFAX and its affiliates and sublicensees the right to use the name that you submit in connection with your Submission, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the information that you post or otherwise distribute through the Submission, or you otherwise have the lawful right to post and distribute such information to or through any Service; (ii) such Submission is accurate and not misleading; and (iii) use and posting or other transmission of such Submission does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You further grant CARFAX the right to pursue at law any person or entity that violates your or CARFAX’s rights in the Submission by a breach of these Terms of Use.

Third Party Content or Offers

CARFAX does not endorse, warrant or guarantee the products or services available through the Third Party Offers (or any other third-party products or services advertised on or linked from any Services). 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 Services may include links to third party web sites, but CARFAX does not control or assume any responsibility for such web sites. CARFAX does not endorse, and the inclusion of a link does not imply CARFAX’s endorsement of such web 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.

Disclaimer

You expressly agree that use of the Services is at your sole risk. CARFAX shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Site, including any content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all reviews, opinions, advice, services and other content provided on the Site. None of the CARFAX Parties warrant that the Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Services, or as to the accuracy or reliability of any information, service, or materials provided through the Services.

NO WARRANTIES

THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE, TOOLS AND CONTENT CONTAINED THEREIN, IS PROVIDED TO YOU “AS IS.” CARFAX PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. UNDER NO CIRCUMSTANCES SHALL MOTOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE DATABASES.

LIMITATION OF LIABILITY

IN NO EVENT WILL ANY OF THE CARFAX PARTIES 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 ANY SERVICE; THE ACCESS, USE OR OPERATION OF ANY SERVICE; OR ANY DEFECTS OR ERRORS OF ANY KIND IN ANY SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF THE SERVICES. IF APPLICABLE LAW IN YOUR STATE DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER

You and CARFAX both agree that any and all disputes or claims arising out of or relating in any way to any Services, or from any advertising for any such Services, including any question regarding the existence, validity, or termination of these Terms of Use, as well as any issue regarding the interpretation of this Section 19, will be resolved by binding arbitration before a sole arbitrator, rather than in court, except that you may assert claims in small claims court if your claims qualify and CARFAX may pursue a collection action against you in court.

If you have a dispute and elect to seek arbitration or file a claim in small claims court, you must first send to CARFAX, by certified mail, a written notice of your claim (“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 claim within 60 days after the Notice is received, you or CARFAX may commence an arbitration proceeding. The arbitration will be governed by the AAA’s Consumer Arbitration Rules, available online at www.adr.org or by calling the AAA at 1-800-778-7879.

Governing Law & Jurisdiction

Governing Law: By establishing a CARFAX account or purchasing or using any Services, 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, will govern these Terms of Use.

Jurisdiction and Venue: If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that jurisdiction and venue for all matters 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.