1.1. These rules (hereinafter – the “Rules”) shall establish the procedure for using the website Carvertical.com (hereinafter – “carvertical.com”) and the rights, obligations, and responsibilities of Carvertical.com users as well as other provisions.
1.2. Carvertical.com is managed and administered by Carvertical LLC, EIN: 32-0570952, address: 1 N Franklin St. Ste 1200, Chicago, IL 60606 (hereinafter – the “Provider”).
1.3. Carvertical.com users are provided with the opportunity to receive a report containing information about a vehicle’s history (hereinafter – the “Report”), and to use other services provided on the Carvertical.com website in accordance with the procedure set out in these Rules. The user of Carvertical.com is a person who has ordered the Report or who otherwise use Carvertical.com (hereinafter – the “User”). For the purposes of these Rules, the services (hereinafter – the “Services”) shall include all and any actions performed by the User on Carvertical.com, including, but not limited to, ordering and submitting Reports, reading published information, submitting, sending and receiving questions, any type of information and/or data (hereinafter – the “Services”). Some services available on Carvertical.com are provided to the User subject to a fee (hereinafter – “Paid Services”). The terms and conditions for the Paid Services are provided prior to ordering a Paid Service. Any reference to “Services” shall hereinafter refer to all Services, including Paid Services, and any reference to “Paid Services” shall only refer to those Services for which the User pay us a fee.
1.4. By using Carvertical.com, the User expresses his or her consent to these Rules and agrees to be bound by them in any way or form. Persons who do not agree with any of the terms and conditions set out in these Rules, have no right to use Carvertical.com.
1.5. The Provider has the right to unilaterally change the Services provided on Carvertical.com and their pricing as well as any provisions set out in these Rules. By continuing to use Carvertical.com following any modification, revision or supplementation of these Rules, the User expresses his or her consent to these changes.
2.1. Carvertical.com provides its users with the opportunity to receive two types of Reports: a free initial report and a comprehensive paid report.
2.2. The User agrees and acknowledges that he/she has fully familiarized himself/herself with the results of the initial (free) check prior to ordering a paid Report. The User understands that the final (paid) Report will only contain the information the existence of which was made known to him/her in the initial (free) Report.
2.3. The Report may be used only for reference purposes and may not be regarded as a reliable tool to assess the condition of a vehicle.
2.4. Any and all advice provided in the reports or on the website may not be regarded as a requirement or recommendation to purchase the vehicle specified in the Report.
2.5. The money paid for the Report will not be refunded if the content of the final (paid) Report corresponds to the content of the initial (free) Report.
3.1. The National Motor Vehicle Title Information System (NMVTIS) is an electronic system that contains information on certain automobiles titled in the United States. NMVTIS is intended to serve as a reliable source of title and brand history for automobiles, but it does not contain detailed information regarding a vehicle’s repair history.
3.2. All states, insurance companies, and junk and salvage yards are required by federal law to regularly report information to NMVTIS. However, NMVTIS does not contain information on all motor vehicles in the United States because some states are not yet providing their vehicle data to the system. Currently, the data provided to NMVTIS by states is provided in a variety of time frames; while some states report and update NMVTIS data in “real-time” (as title transactions occur), other states send updates less frequently, such as once every 24 hours or within a period of days.
3.3. Information on previous, significant vehicle damage may not be included in the system if the vehicle was never determined by an insurance company (or other appropriate entity) to be a “total loss” or branded by a state titling agency. Conversely, an insurance carrier may be required to report a “total loss” even if the vehicle’s titling-state has not determined the vehicle to be “salvage” or “junk”. Before making a decision to purchase a vehicle, consumers may wish to obtain an independent vehicle inspection, a NMVTIS Vehicle History Report, and consult other available vehicle information resources.
3.4. The information in NMVTIS includes:
Consumers are advised to visit www.vehiclehistory.gov for details on how to interpret the information in the system and understand the meaning of various labels applied to vehicles by the participating state motor vehicle titling agencies.
4.1. Services provided on the Carvertical.com website are to be paid for by a bank card. Paid Services may only provided to the User after the User pays for them in accordance with the procedure set out in the Carvertical.com website.
4.2. The users of Carvertical.com may order a comprehensive vehicle history for a specified fee.
4.3. The Provider shall have the right to limit or suspend the provision of Services for an indefinite period of time during the preventive maintenance process.
5.1. When ordering the Report and continuing to use it, the User must adhere to these Rules. Depending on the nature of the breach, the Provider shall have the right to limit the User’s access to the Services available on Carvertical.com.
5.2. The Provider reserves the right to terminate, at any time and with no prior notice, the User’s access to Carvertical.com or his/her use of the services available on Carvertical.com as a result of breaching these Rules or statutory regulations. The User will be informed about any sanctions imposed for breaching these Rules via email specified during registration.
6.1. The Provider shall only be responsible for the technical posting of information contained in the Report on the Carvertical.com website if the Report complies with all the requirements set out in the Rules, and for technical support of the database of this website.
6.2. The Provider shall not be responsible for the inaccuracy of the information provided in the Report or for its content. The Provider shall not be responsible for the damage incurred by the User or any third parties in connection with the use of the Report.
6.3. The Provider shall not be responsible for the malfunctions or interruptions of the functioning of Carvertical.com or its database that occurred for reasons beyond the Provider’s control.
6.4. The User shall be responsible for the appropriate use of the password. The Provider shall not be responsible for the damage incurred by the User as a result of the use of this information by third parties.
8.1. The Provider is the owner of all the rights to the content of Carvertical.com and has exclusive right to its use. All product or service brands, designs, names, logos and other elements provided on Carvertical.com are owned by or licensed to the Provider.
8.2. Any processing, copying and/or other use of the content or design of Carvertical.com performed by third parties without a written consent of the Provider and/or without adhering to these Rules shall constitute an infringement of the copyright and other rights to be prosecuted in accordance with the laws of the United States of America.
9.1. The activities of the Carvertical.com website are governed by the laws of the United States of America. All disputes arising out of or in connection with the activities of the Carvertical.com website shall be resolved by way of negotiation, and in the event of that failing, the dispute shall be referred to a competent court of the United States of America.
9.2. All disputes that arise between the Provider and entrepreneurs shall be resolved at the court of the place where the Provider is domiciled.
9.3. Non-corporate User should first submit his/her request and/or complaint regarding the activities or services of Carvertical.com to the Provider in writing by specifying his/her claims. Please send your letters to firstname.lastname@example.org. Legal disputes shall be resolved in the manner prescribed by the law.
11.1. In processing the User’s personal data, the Provider shall implement appropriate organisational and technical security measures which help protect personal data from accidental or unlawful destruction, loss, alteration, unauthorised disclosure or any other unlawful processing. The Provider’s activity aimed at ensuring security includes, among other things, the protection of staff, information, IT infrastructure, internal and public networks, office buildings and hardware.
11.2. The Provider would like to remind the User that the User himself/herself is responsible for ensuring the security of his/her log-in details. The Provider would like to ask the User to take special care when using and storing his/her log-in details. The User should log out from the browser at the end of the session to prevent any unauthorized access to the User’s email or personal information, especially in cases where the User uses public computers (e. g. at the internet café or library).
11.3. The Provider shall do everything within its power to protect the User’s data processed by the Provider but, taking into account the fact that the User’s information is sent over the internet, the Provider warns that the Provider may not and does not guarantee total security of the information sent by the User, including the User’s personal data.
12.1. These Rules will become binding the moment the User acknowledges that he or she consents to these Rules and they shall remain in force throughout the entire period of the relationship between the User and the Provider.
12.2. The Provider shall have the right to unilaterally amend these Rules. Any amendments to these Rules will become binding from the moment they are published on Carvertical.com.
12.3. After any amendments to these Rules become binding, the User shall acknowledge that he/she is familiar with these amendments and fully consents to them by continuing to use Carvertical.com. The Services ordered prior to any amendments to the Rules of Carvertical.com shall be provided in the manner and in accordance with the time limits as set out in the Rules that were in effect at that time.