By joining the myCARFAX Service Shop ("myCARFAX Service Shop Program"), the dealership and/or service facility ("Facility" or "us" or "we" or "our") agrees that the terms herein are a legally binding agreement between Facility and CARFAX, Inc. ("CARFAX").
- Facility authorizes the release of all information from the inventory, sales and service records of Facility (including, but not limited to, VIN or license plate with state, date, mileage, service and repair order information) (collectively, "Records") to CARFAX directly or through Facility's service provider ("Company Application") for perpetual use in CARFAX's and CARFAX’s affiliates’ products or services. An "affiliate" is any entity that, directly or indirectly, controls, is controlled by or is under common control with, CARFAX. For purposes of this definition, "control" means the power to direct the management and policies of an entity, directly or indirectly, whether through the ownership, by contract or otherwise. Facility understands and agrees that, in order to obtain Facility’s Records from the Company Application, CARFAX may share information regarding this agreement with the Company Application.
- Facility authorizes CARFAX or its designee to (i) populate our records from time to time with VINs and VIN-derived vehicle information and (ii) provide Facility with access to additional products or services that may be offered by CARFAX from time to time (all such VINs and VIN-derived information, products or services provided by CARFAX is collectively referred to as the "Vehicle Information"). As a member of the myCARFAX Service Shop Program, we will receive, at no cost, the myCARFAX Service Shop Program benefits that CARFAX offers to members from time to time, which currently include online advertising after CARFAX receives the necessary information from Facility (which advertising may be delayed or withheld for archived Records or Records provided without a valid VIN).
- Should we receive and/or use any Vehicle Information, we agree that we shall not (i) sell or otherwise distribute the Vehicle Information or information derived therefrom; provided that we may provide the information to the consumer to whose vehicle the information relates at no cost to such consumer, (ii) share our usernames and passwords with any other person or entity, (iii) permit use of the Vehicle Information by any third party, (iv) use the Vehicle Information for any purpose other than as approved by CARFAX and (v) provide or make available any of the Vehicle Information and/or any of our records as enhanced by the Vehicle Information to any other provider of vehicle history products or services. Systematic access to or retrieval of Vehicle Information, including but not limited to the use of "bots" or "spiders," is strictly prohibited. We understand that if we do not comply with the foregoing commitments (including, without limitation, the obligation to provide Records to CARFAX), CARFAX will no longer be obligated to provide us with the Vehicle Information, free advertising or any other benefits of the myCARFAX Service Shop Program.
- We understand and agree that we must obtain consumer’s verbal agreement prior to enrolling consumer into the myCARFAX Service and notify consumer that consumer’s email address and VIN will be provided to CARFAX. We acknowledge that the privacy statement made available to consumers adequately discloses that consumers’ email address may be shared with CARFAX.
- We understand that CARFAX will only use vehicle-specific information, and CARFAX will not use personal information about our customers; provided, however, that if we participate in the myCARFAX Service, we understand that consumer’s email address along with the VIN will be transmitted to CARFAX. We acknowledge that (i) Facility's name, address, telephone number and website address (if applicable) shall be published on CARFAX products and services in connection with the information provided by Facility so long as we continue to remain a member of the myCARFAX Service Shop Program.
- By joining the myCARFAX Service Shop Program, we expressly consent to receive (1) facsimiles, telephone calls and text messages (including marketing advertisements and telephone solicitations) from CARFAX and its affiliates at the numbers provided to CARFAX, and/or (2) any correspondence including any marketing advertisements to Facility’s address or any email address associated with Facility. We confirm that we are the only subscriber for all of the telephone numbers provided. We also confirm that any business landline telephone number provided is not associated with a residence and is not assigned to any wireless telephone service. We agree to notify CARFAX if any of the telephone numbers provided change. We also agree to waive all claims against CARFAX and its affiliates, and its and their directors, officers, employees and agents, involving the Telephone Consumer Protection Act of 1991 with respect to our participation in the myCARFAX Service Shop Program.
- We also understand that CARFAX relies on its sources for the accuracy and reliability of its information and cannot verify every Record we provide. Should we discover that erroneous information was delivered by Facility, we agree to notify CARFAX of the error(s) and CARFAX will work with Facility to correct the erroneous information.
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 these myCARFAX Service Shop Loyalty Program Terms and Conditions
("Terms and Conditions") as well as any issue regarding the interpretation of this Section 8 (a "Dispute"), Facility and CARFAX agree as follows:
- Facility and CARFAX both agree that any Dispute will be resolved by binding arbitration, rather than in court, except that Facility may assert claims in small claims court if the claims qualify and CARFAX may pursue a collection action against Facility in court. Facility 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 Facility accepted the Terms and Conditions, regardless of whether prior versions of the Terms and Conditions required arbitration. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this Section 8.
- Facility 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. Facility 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 8 shall be null and void.
- If Facility has a Dispute and elects to seek arbitration or file in small claims court, Facility 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 Facility 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 Facility do not reach an agreement to resolve the Dispute within 60 days after the Notice is received, Facility or CARFAX may commence an arbitration proceeding or file in small claims court.
- The arbitration will be governed by the AAA’s then current Commercial Arbitration Rules, as modified by the Terms and Conditions, and will be administered by the AAA. In the event of any conflict between these Terms and Conditions and the AAA Commercial Arbitration Rules, these Terms and Conditions 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.
- The arbitrator(s) shall apply the law specified in Section 9 of these Terms and Conditions. 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 and Conditions 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 and Conditions provide or order consolidation or arbitration on a class wide or representative basis.
- Any arbitration will be confidential. Neither Facility, 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.
- Judgment on any arbitration award may be entered in any court having proper jurisdiction. Facility and CARFAX agree that arbitration is final and binding and subject to only very limited review by a court. Facility and CARFAX waive the right to any form of appeal, review or recourse to any court or other judicial authority.
- By enrolling the myCARFAX Service Shop Program or purchasing or using any CARFAX product or service, Facility agrees 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 and Conditions, as well as any Dispute that might arise between Facility and CARFAX.
- 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, Facility 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 10 is found to be unenforceable, Sections 8, 9 and remainder of this Section 10 shall still be given full force and effect.
- The myCARFAX Service Shop Program is subject to change or termination at any time in CARFAX's sole discretion.
- Should Facility stop being a member of the myCARFAX Service Shop Program for any reason, CARFAX and its affiliates may continue to use the Records that were previously provided to CARFAX pursuant to this authorization without any further benefits of the myCARFAX Service Shop Program to Facility.
- We understand that CARFAX collects data from public records and other third-party sources to provide the Vehicle Information, and that the Vehicle Information may contain errors and omissions. CARFAX does not guarantee the correctness of the Vehicle Information, and CARFAX shall have no liability for any loss or damage (including, without limitation, any indirect or consequential damages) (i) caused by errors or omissions in Vehicle Information, (ii) resulting from errors in transmitting the Vehicle Information or interruptions and/or errors in the functioning of the services that transmit the Vehicle Information, or (iii) resulting from any use of the Vehicle Information. CARFAX PROVIDES VEHICLE INFORMATION ON AN "AS IS" AND "AS AVAILABLE" BASIS AND CARFAX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IN REGARD TO ACCURACY, CURRENTNESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CARFAX NEITHER ASSUMES NOR AUTHORIZES ANY PERSON OR ENTITY (INCLUDING BUT NOT LIMITED TO FACILITY) TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OR PROVISION OF ANY PRODUCT OR SERVICE.
- Sections 3, 6, 7, 8, 9, 10,12, 13 and 14 shall survive the termination of the agreement between the parties.
- Facility may be asked to confirm the accuracy of the provided Vehicle Information and agrees to ensure that our employees and contractors complete the confirmation process before accepting the Vehicle Information.
- ADDITIONAL AUTHORIZATION REQUIRED FOR ADP USERS: Facility authorizes Digital Motorworks, Inc. ("DMi") (as CARFAX's data services vendor and a wholly-owned subsidiary of ADP) to access Facility's vehicle inventory data, using the existing ADP ADMIN log in, for the myCARFAX Service Shop Program (this will require no additional set up of passwords, modems, etc.).
By enrolling Facility in the myCARFAX Service Shop Program, I certify that I am authorized to enter into this myCARFAX Service Shop Program agreement on behalf of Facility. I understand that CARFAX reserves the right to modify these Terms and Conditions at any time by posting modifications online on its webpage. Such modifications including any additional terms and conditions will be effective immediately and incorporated into the agreement between the parties and Facility’s continued participation in the myCARFAX Service Shop Program will be deemed acceptance thereof. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and terminates and supersedes all previous agreements, whether oral or written, relating to the same subject matter.