Car Saints LLC, specifically disclaims any liability for any loss or damage arising from or in connection with ownership or operation of any vehicle and further disclaims any liability of any hidden collision damage or tampered components. The Vehicle Inspection Report that Car Saints provides is intended solely as a visual evaluation of components inspected at the time and date of examination. There are no implied or expressed warranties or guarantees of any kind in connection with this vehicle inspection report. Any dispute or claim of any nature arising out of or relating to the evaluation performed by Car Saints must be brought forward in 1 month from the date of inspection, and will be subject to exclusive jurisdiction of and pursuant to the rules governing dispute resolution inside a state of Car Saints choosing. No claim or dispute may be commenced in law or equity against Car Saints or its employees, contractors, owners or stockholders in any court, state, federal or otherwise, since arbitration is the exclusive remedy.
This report is for information only and is not to be considered a recommendation for or against the purchase of the inspected vehicle. Therefore, any liability is strictly limited to the amount charged for this report and Car Saints is not responsible for any consequential damages or other damages beyond the fee paid for this report. You unconditionally agree to the foregoing terms by ordering and consenting and authorizing payment of this inspection report.
Car Saints LLC specifically disclaims any liability for any loss or damage arising in connection with ownership or operation of said inspected vehicle AND further disclaims any liability of any hidden collision, or flood damage or tampered components not readily apparent. Further disclaimed is any liability for any damage or defects not found during this inspection. Other conditions may exist which did not occur or appear during inspection and are not the responsibility of Car Saints.
Car Saints Field Specialists are independently insured for collision damage, including liability for the Car Saints Field Specialist to operate a vehicle. A copy of insurance coverage is carried by each Car Saints Field Specialist and a copy is made available upon request. A test drive is not required for completing an inspection by Car Saints and if the Car Saints Field Specialist is unable to perform a test drive, we will document this reason on the inspection report. A test drive may not be performed for a number of reasons, including but not limited to a refusal of the vehicle's current owner/seller to allow a test drive because of safety issues, or weather conditions, valid registration or current license plates. All inspections will be conducted during normal business days (Monday through Friday excluding holidays) and the Car Saints Vehicle Inspection Report will be displayed to the Car Saints website on or before 11:59 PM PST in 3 business days following the completion of the inspection. If the Seller/Owner "no shows" and fails to arrive 20 minutes past the pre-specified time and location for the inspection (or fails to provide vehicle access and keys at the time of vehicle inspection)Car Saints will retain the entire prepaid inspection fee. Cancelations by customers for any reason will be subject to a $25 cancelation fee, which includes bank transaction fees, Inspector cancelation fee, and administrative fee. Inspections conducted outside of listed limited service areas of the Car Saints Field Specialist Network in excess of 50 miles one way from a selected Car Saints Field Specialist's office address* will include a $25 + $0.10 per mile travel excise fee in addition to the normal inspection fee. If the car is sold before scheduled inspection occurs, Car Saints will allow transfer of the inspection request to a second vehicle for 30 days from the date of original inspection purchase.
*Mileage is measured from the distance of Field Specialist's office address to the designated inspection location. All inspection travel mileage data will use Google Maps values to determine mileage.
Content submitted by users will be considered non-confidential and Car Saints is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, Car Saints reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. Car Saints is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to Car Saints. Car Saints shall have no duty to attribute authorship of Content to you and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Car Saints or its licensees or sublicenses, successors and assigns; (c) you forever irrevocably waive in favor of Car Saints and its successors, assigns, officers, employees, affiliates, agents and sublicenses, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release Car Saints, and its licensees, successors and assigns, from any claims that you could otherwise assert against Car Saints by virtue of any such moral rights.
Car Saints grants to you a personal, revocable, nonexclusive, non transferable license to view, download, and print limited portions of the Site Content available in the public areas of the Site subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "© 2016, Car Saints, LLC., All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Site Content by Car Saints; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, mirror, frame, "deep link," "scrape," data mine, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of Car Saints. To request permission, you may contact Car Saints as follows:
You may not use Site Content in any manner that suggests the affiliation, sponsorship, endorsement or association with or by Car Saints with or of you or any third-party entity, person, product or service unless express written permission has been given by Car Saints in advance. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
CAR SAINTS LLC MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND CAR SAINTS LLC EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. CAR SAINTS LLC ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. CAR SAINTS DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT CAR SAINTS LLC HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK AND NEITHER CAR SAINTS LLC, ITS AFFILIATES AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, CAR SAINTS ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT.
YOU AGREE TO INDEMNIFY CAR SAINTS AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.
Car Saints complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Site, or if you believe that material posted on this Site infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
The Site (excluding links to third-party sites) is owned and controlled by Car Saints, and operated by Car Saints from its offices in and around Wilmington, Delaware. While Car Saints has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all fifty states of the United States, Canada and in other countries. Each of these places has laws that may differ from those of Delaware and from each other. You and Car Saints both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and Car Saints explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of Delaware, without regard to its conflicts of law principles. You agree that all claims you may have against Car Saints arising from or relating to the operation or use of this Site will be heard and resolved according to the Section below captioned "Dispute Resolution - Mandatory Arbitration and Class Action Waiver." If you chose to access this Site from locations other than Wilmington, DE you will be responsible for compliance with all local laws of such other jurisdiction.
Except as specifically stated herein, any dispute or claim between you and Car Saints arising out of, or relating in any way to, the Terms and Conditions, the Site, content, or your use of the Site or the Interactive Areas ("Disputes") shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court in Wilmington, Delaware. By virtue of this Arbitration Agreement (defined below), you and Car Saints is each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this "DISPUTE RESOLUTION - MANDATORY ARBITRATION AND CLASS ACTION WAIVER" Section). The provisions of this "DISPUTE RESOLUTION - MANDATORY ARBITRATION AND CLASS ACTION WAIVER" Section shall constitute your and Car Saints' written agreement to arbitrate Disputes under the Federal Arbitration Act ("Arbitration Agreement"). Any modification to this Arbitration Agreement, to be effective, must be in writing and signed by you and Car Saints. The arbitration will be administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes, available at https://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned decision or award.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection 5 below of this DISPUTE RESOLUTION - MANDATORY ARBITRATION AND CLASS ACTION WAIVER" Section and submit the Dispute by utilizing the forms available at https://www.adr.org, and simultaneously sending a copy of the completed form to the following address: Attn: Legal, Car Saints LLC, 4023 Kenneth Pike #59698, Wilmington, DE 19807. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Wilmington, Delaware, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside (which county must be in the continental United States of America).2. No Class Action Matters
We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, consolidated or representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator shall not have the power to vary these provisions.3. Choice of Law and Forum; No Jury Trial
If for any reason a Dispute proceeds in court: (a) you agree that any such Dispute may only be instituted in a state or federal court of competent subject matter jurisdiction located in Wilmington, Delaware; (b) you and Car Saints irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; (c) you and Car Saints agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the Delaware, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (d) you and Car Saints agree to waive any right to a trial by jury.4. Injunctive Relief
If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.6. Severability
If any part of this "DISPUTE RESOLUTION - MANDATORY ARBITRATION AND CLASS ACTION WAIVER" Section is ruled to be unenforceable, then the balance of this "DISPUTE RESOLUTION - MANDATORY ARBITRATION AND CLASS ACTION WAIVER" Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Car Saints has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Car Saints is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Car Saints shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
Car Saints may change, restrict access to, suspend, or discontinue any aspect of the CarSaints.com service or the Site at any time, including availability of any feature, database, or content. Car Saints may also impose limits on certain features and services or restrict your access to all or parts of the CarSaints.com web site without notice or liability. Car Saints may remove any inspection from the Site if Car Saints determines, in its sole discretion, that the review may be false or fraudulent.
You agree that we may, under some circumstances and without prior individual notice to you, terminate your use of and access to any of the parts of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these Terms and Conditions or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Site, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site.
This agreement may not be assigned by you without the prior written consent of Car Saints. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Car Saints may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of this agreement are held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of Car Saints, and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.